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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | ||||||||||||||||||||||||
5 | 3-5 as follows: | ||||||||||||||||||||||||
6 | (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
| ||||||||||||||||||||||||
7 | Sec. 3-5. No person who has been legally convicted, in this
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8 | or another State or in any federal court, of any crime, and
is | ||||||||||||||||||||||||
9 | serving a sentence of confinement in any penal institution,
or | ||||||||||||||||||||||||
10 | who has been convicted under any section of this Act and is
| ||||||||||||||||||||||||
11 | serving a sentence of confinement in any penal institution,
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12 | shall vote, offer to vote, attempt to vote or be permitted
to | ||||||||||||||||||||||||
13 | vote at any election until his release from confinement.
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14 | Confinement for purposes of this Section shall include any
| ||||||||||||||||||||||||
15 | person convicted and imprisoned but granted a furlough as
| ||||||||||||||||||||||||
16 | provided by Section 3-11-1 of the "Unified Code of | ||||||||||||||||||||||||
17 | Corrections",
or admitted to a work release program as provided | ||||||||||||||||||||||||
18 | by Section
3-13-2 of the "Unified Code of Corrections". | ||||||||||||||||||||||||
19 | Confinement shall
not include any person convicted and | ||||||||||||||||||||||||
20 | imprisoned but released on parole.
| ||||||||||||||||||||||||
21 | Confinement or detention in a jail pending acquittal or
| ||||||||||||||||||||||||
22 | conviction of a crime is not a disqualification for voting.
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23 | (Source: P.A. 94-637, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-525 rep.)
| ||||||
2 | Section 10. The Department of State Police Law of the
Civil | ||||||
3 | Administrative Code of Illinois is amended by repealing Section | ||||||
4 | 2605-525. | ||||||
5 | Section 15. The County Shelter Care and Detention Home Act | ||||||
6 | is amended by changing Section 1.2 as follows:
| ||||||
7 | (55 ILCS 75/1.2) (from Ch. 23, par. 2681.2)
| ||||||
8 | Sec. 1.2.
A court acting under the Juvenile Court Act of | ||||||
9 | 1987 may,
except as otherwise provided in that Act, place any | ||||||
10 | minor coming within the
terms of that Act in home detention or | ||||||
11 | a shelter care or detention home
established pursuant to this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 85-1209.)
| ||||||
14 | Section 20. The School Code is amended by changing Sections | ||||||
15 | 13-44.3 and 13-44.5 as follows:
| ||||||
16 | (105 ILCS 5/13-44.3) (from Ch. 122, par. 13-44.3)
| ||||||
17 | Sec. 13-44.3. In order to fully carry out the purpose of | ||||||
18 | this Act, the
School District through its Board or designated | ||||||
19 | supervisory personnel,
with the approval of the Director of the | ||||||
20 | Department of Juvenile Justice, may
authorize field trips | ||||||
21 | outside of the particular institution or facility
where a |
| |||||||
| |||||||
1 | school is established and may remove students therefrom or may | ||||||
2 | with the
approval of the Director of the Department of Juvenile | ||||||
3 | Justice transfer inmates
and wards to other schools and other | ||||||
4 | facilities where particular subject
matter or facilities are | ||||||
5 | more suited to or are needed to complete the
inmates' or wards' | ||||||
6 | education. The
Director of the Department of Juvenile Justice | ||||||
7 | may authorize an educational furlough for an inmate or
ward to | ||||||
8 | attend institutions of higher education, other schools, | ||||||
9 | vocational
or technical schools or enroll and attend classes in | ||||||
10 | subjects not available
within the School District, to be | ||||||
11 | financed by the inmate or ward or any
grant or scholarship | ||||||
12 | which may be available,
including school aid funds of any kind | ||||||
13 | when approved by the Board and the
Director of the Department.
| ||||||
14 | The Department of Juvenile Justice may extend the limits of | ||||||
15 | the place of
confinement of an inmate or ward under the above
| ||||||
16 | conditions and for the above purposes, to leave for the | ||||||
17 | aforesaid reasons,
the confines of such place, accompanied or | ||||||
18 | unaccompanied, in the discretion
of the Director of such | ||||||
19 | Department by a custodial agent or educational
personnel.
| ||||||
20 | The willful failure of an inmate or ward to remain within | ||||||
21 | the extended
limits of his or her confinement or to return | ||||||
22 | within the time prescribed to the
place of confinement | ||||||
23 | designated by the Department of Corrections or the Department | ||||||
24 | of Juvenile Justice in
granting such extension or when ordered | ||||||
25 | to return by the custodial personnel or
the educational | ||||||
26 | personnel or other departmental order shall be deemed an
escape |
| |||||||
| |||||||
1 | from the custody of such Department and punishable as provided | ||||||
2 | in
the Unified Code of Corrections as to the Department of | ||||||
3 | Corrections inmates, and the applicable provision of the | ||||||
4 | Juvenile Court Act
of 1987 shall apply to wards of the
| ||||||
5 | Department of Juvenile Justice who might abscond.
| ||||||
6 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
7 | (105 ILCS 5/13-44.5) (from Ch. 122, par. 13-44.5)
| ||||||
8 | Sec. 13-44.5.
In all cases where an inmate or ward is to | ||||||
9 | leave the institution or
facility where he or she is confined | ||||||
10 | for educational furloughs, vocational
training, for field | ||||||
11 | trips or for any other reason herein stated, authority
must | ||||||
12 | first be granted by the Department of Juvenile Justice and the | ||||||
13 | said
authority shall be discretionary with the Department of | ||||||
14 | Juvenile Justice. The
question of whether or not the said | ||||||
15 | inmate or ward or group of inmates or
wards shall be | ||||||
16 | accompanied or not accompanied by security personnel,
| ||||||
17 | custodial agent or agents or only educational personnel shall | ||||||
18 | be in the
discretion of the Department of Juvenile Justice. All | ||||||
19 | transfers must be approved
by the Department of Juvenile | ||||||
20 | Justice.
| ||||||
21 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
22 | Section 25. The Juvenile Court Act of 1987 is amended by | ||||||
23 | changing Sections 5-750, 5-815, and 5-820 as follows:
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-750)
| ||||||
2 | Sec. 5-750. Commitment to the Department of Juvenile | ||||||
3 | Justice.
| ||||||
4 | (1) Except as provided in subsection (2) of this Section, | ||||||
5 | when any
delinquent has been adjudged a ward of the court under | ||||||
6 | this Act, the court may
commit him or her to the Department of | ||||||
7 | Juvenile Justice, if it
finds
that (a) his or her parents, | ||||||
8 | guardian or legal custodian are unfit or are
unable, for
some | ||||||
9 | reason other than financial circumstances alone, to care for, | ||||||
10 | protect,
train or discipline the minor, or are unwilling to do | ||||||
11 | so,
and the best interests of the minor and
the public will not | ||||||
12 | be served by placement under Section 5-740
or; (b) it is
| ||||||
13 | necessary to ensure the protection of the public from the | ||||||
14 | consequences of
criminal activity of the delinquent.
| ||||||
15 | (2) When a minor of the age of at least 13 years is | ||||||
16 | adjudged delinquent
for the offense of first degree murder, the | ||||||
17 | court shall declare the minor a
ward of the court and order the | ||||||
18 | minor committed to the Department of
Juvenile Justice until the | ||||||
19 | minor's 21st birthday, without the
possibility of parole , | ||||||
20 | furlough, or non-emergency authorized absence for a
period of 5 | ||||||
21 | years from the date the minor was committed to the Department | ||||||
22 | of
Juvenile Justice, except that the time that a minor spent in | ||||||
23 | custody for the instant
offense before being committed to the | ||||||
24 | Department of Juvenile Justice shall be considered as time
| ||||||
25 | credited towards that 5 year period. Nothing in this subsection | ||||||
26 | (2) shall
preclude the State's Attorney from seeking to |
| |||||||
| |||||||
1 | prosecute a minor as an adult as
an alternative to proceeding | ||||||
2 | under this Act.
| ||||||
3 | (3) Except as provided in subsection (2), the commitment of | ||||||
4 | a
delinquent to the Department of Juvenile Justice shall be for | ||||||
5 | an indeterminate term
which shall automatically terminate upon | ||||||
6 | the delinquent attaining the age of 21
years unless the | ||||||
7 | delinquent is sooner discharged from parole or custodianship
is | ||||||
8 | otherwise terminated in accordance with this Act or as | ||||||
9 | otherwise provided
for by law.
| ||||||
10 | (4) When the court commits a minor to the Department of | ||||||
11 | Juvenile Justice, it
shall order him or her conveyed forthwith | ||||||
12 | to the appropriate reception station
or
other place designated | ||||||
13 | by the Department of Juvenile Justice, and shall appoint the
| ||||||
14 | Director of Juvenile Justice legal custodian of the
minor. The | ||||||
15 | clerk of the court shall issue to the
Director of Juvenile | ||||||
16 | Justice a certified copy of the order,
which constitutes proof | ||||||
17 | of the Director's authority. No other process need
issue to
| ||||||
18 | warrant the keeping of the minor.
| ||||||
19 | (5) If a minor is committed to the Department of Juvenile | ||||||
20 | Justice, the clerk of the court shall forward to the | ||||||
21 | Department:
| ||||||
22 | (a) the disposition ordered;
| ||||||
23 | (b) all reports;
| ||||||
24 | (c) the court's statement of the basis for ordering the | ||||||
25 | disposition; and
| ||||||
26 | (d) all additional matters which the court directs the |
| |||||||
| |||||||
1 | clerk to transmit.
| ||||||
2 | (6) Whenever the Department of Juvenile Justice lawfully | ||||||
3 | discharges from its
custody and
control a minor committed to | ||||||
4 | it, the Director of Juvenile Justice shall petition the court | ||||||
5 | for an order terminating his or her
custodianship. The | ||||||
6 | custodianship shall terminate automatically 30 days after
| ||||||
7 | receipt of the petition unless the court orders otherwise.
| ||||||
8 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
9 | (705 ILCS 405/5-815)
| ||||||
10 | Sec. 5-815. Habitual Juvenile Offender.
| ||||||
11 | (a) Definition. Any minor
having been twice adjudicated a | ||||||
12 | delinquent minor for offenses which, had he
been prosecuted as | ||||||
13 | an adult, would have been felonies under the laws of
this | ||||||
14 | State, and who is thereafter adjudicated a delinquent minor for | ||||||
15 | a
third time shall be adjudged an Habitual Juvenile Offender | ||||||
16 | where:
| ||||||
17 | 1. the third adjudication is for an offense occurring | ||||||
18 | after
adjudication on the second; and
| ||||||
19 | 2. the second adjudication was for an offense occurring | ||||||
20 | after
adjudication on the first; and
| ||||||
21 | 3. the third offense occurred after January 1, 1980; | ||||||
22 | and
| ||||||
23 | 4. the third offense was based upon the commission of | ||||||
24 | or attempted
commission of the following offenses: first | ||||||
25 | degree murder, second
degree murder or involuntary |
| |||||||
| |||||||
1 | manslaughter; criminal sexual assault or
aggravated | ||||||
2 | criminal sexual assault; aggravated or heinous
battery | ||||||
3 | involving permanent disability or disfigurement or great | ||||||
4 | bodily
harm to the victim; burglary of a home or other | ||||||
5 | residence intended for
use as a temporary or permanent | ||||||
6 | dwelling place for human beings; home
invasion; robbery or | ||||||
7 | armed robbery; or aggravated arson.
| ||||||
8 | Nothing in this Section shall preclude the State's Attorney | ||||||
9 | from
seeking to prosecute a minor as an adult as an alternative | ||||||
10 | to
prosecution as an habitual juvenile offender.
| ||||||
11 | A continuance under supervision authorized by Section | ||||||
12 | 5-615 of
this Act
shall not be permitted under this Section.
| ||||||
13 | (b) Notice to minor. The State shall serve upon the minor | ||||||
14 | written
notice of intention to prosecute under the provisions | ||||||
15 | of this Section within
5 judicial days of the filing of any | ||||||
16 | delinquency petition, adjudication
upon which would mandate | ||||||
17 | the minor's disposition as an Habitual Juvenile
Offender.
| ||||||
18 | (c) Petition; service. A notice to seek adjudication as an
| ||||||
19 | Habitual Juvenile Offender shall be filed only by the State's | ||||||
20 | Attorney.
| ||||||
21 | The petition upon which such Habitual Juvenile Offender | ||||||
22 | notice is
based shall contain the information and averments | ||||||
23 | required for all
other delinquency petitions filed under this | ||||||
24 | Act and its service shall
be according to the provisions of | ||||||
25 | this Act.
| ||||||
26 | No prior adjudication shall be alleged in the petition.
|
| |||||||
| |||||||
1 | (d) Trial. Trial on such petition shall be by jury unless | ||||||
2 | the minor
demands, in open court and with advice of counsel, a | ||||||
3 | trial by the court
without jury.
| ||||||
4 | Except as otherwise provided herein, the provisions of this
| ||||||
5 | Act concerning delinquency proceedings generally shall be | ||||||
6 | applicable to
Habitual Juvenile Offender proceedings.
| ||||||
7 | (e) Proof of prior adjudications. No evidence or other | ||||||
8 | disclosure of prior
adjudications shall be presented
to the | ||||||
9 | court or jury during any adjudicatory hearing provided for | ||||||
10 | under this
Section unless otherwise permitted by the issues | ||||||
11 | properly raised in such
hearing. In the event the minor who is | ||||||
12 | the subject of these
proceedings elects to testify on his own | ||||||
13 | behalf, it shall be competent to
introduce evidence, for | ||||||
14 | purposes of impeachment, that he has previously
been | ||||||
15 | adjudicated a delinquent minor upon facts which, had he been | ||||||
16 | tried as an
adult, would have resulted in his conviction of a | ||||||
17 | felony or of any offense
that involved dishonesty or false | ||||||
18 | statement. Introduction of
such evidence shall be according to | ||||||
19 | the rules and procedures applicable to
the impeachment of an | ||||||
20 | adult defendant by prior conviction.
| ||||||
21 | After an admission of the facts in the petition or | ||||||
22 | adjudication of
delinquency, the State's Attorney may file with | ||||||
23 | the court a verified
written statement signed by the State's | ||||||
24 | Attorney concerning any prior
adjudication of an offense set | ||||||
25 | forth in subsection (a) of this Section
which offense would | ||||||
26 | have been a felony or of any offense that involved
dishonesty |
| |||||||
| |||||||
1 | or false statement had the minor been tried as an adult.
| ||||||
2 | The court shall then cause the minor to be brought before | ||||||
3 | it; shall
inform him of the allegations of the statement so | ||||||
4 | filed, and of his
right to a hearing before the court on the | ||||||
5 | issue of such prior
adjudication and of his right to counsel at | ||||||
6 | such hearing; and unless the
minor admits such adjudication, | ||||||
7 | the court shall hear and determine such
issue, and shall make a | ||||||
8 | written finding thereon.
| ||||||
9 | A duly authenticated copy of the record of any such alleged | ||||||
10 | prior
adjudication shall be prima facie evidence of such prior | ||||||
11 | adjudication or of
any offense that involved dishonesty or | ||||||
12 | false statement.
| ||||||
13 | Any claim that a previous adjudication offered by the | ||||||
14 | State's
Attorney is not a former adjudication of an offense | ||||||
15 | which, had the minor
been prosecuted as an adult, would have | ||||||
16 | resulted in his conviction of a
felony or of any offense that | ||||||
17 | involved dishonesty or false statement, is
waived unless duly | ||||||
18 | raised at the hearing on such
adjudication, or unless the | ||||||
19 | State's Attorney's proof shows that such
prior adjudication was | ||||||
20 | not based upon proof of what would have been a
felony.
| ||||||
21 | (f) Disposition. If the court finds that the prerequisites | ||||||
22 | established in
subsection (a)
of this Section have been proven, | ||||||
23 | it shall adjudicate the minor an Habitual
Juvenile Offender and | ||||||
24 | commit him to the Department of Juvenile Justice until his 21st | ||||||
25 | birthday, without possibility of parole ,
furlough, or | ||||||
26 | non-emergency authorized absence.
However, the minor shall be |
| |||||||
| |||||||
1 | entitled to earn one day of good conduct credit
for each day | ||||||
2 | served as reductions against the period of his confinement.
| ||||||
3 | Such good conduct credits shall be earned or revoked according | ||||||
4 | to the
procedures applicable to the allowance and revocation of | ||||||
5 | good conduct
credit for adult prisoners serving determinate | ||||||
6 | sentences for felonies.
| ||||||
7 | For purposes of determining good conduct credit, | ||||||
8 | commitment as an Habitual
Juvenile Offender shall be considered | ||||||
9 | a determinate commitment, and the
difference between the date | ||||||
10 | of the commitment and the minor's 21st birthday
shall be | ||||||
11 | considered the determinate period of his confinement.
| ||||||
12 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
13 | (705 ILCS 405/5-820)
| ||||||
14 | Sec. 5-820. Violent Juvenile Offender.
| ||||||
15 | (a) Definition. A minor having
been previously adjudicated | ||||||
16 | a delinquent minor for an offense which, had he or
she been | ||||||
17 | prosecuted as an adult, would have been a Class 2 or greater | ||||||
18 | felony
involving the use or
threat of physical force or | ||||||
19 | violence against an individual or a Class 2 or
greater felony | ||||||
20 | for
which an element of the offense is possession or use of a | ||||||
21 | firearm, and who is
thereafter adjudicated a delinquent minor | ||||||
22 | for a second time for any of those
offenses shall be | ||||||
23 | adjudicated a Violent Juvenile Offender if:
| ||||||
24 | (1) The second adjudication is for an offense occurring | ||||||
25 | after adjudication
on the first; and
|
| |||||||
| |||||||
1 | (2) The second offense occurred on or after January 1, | ||||||
2 | 1995.
| ||||||
3 | (b) Notice to minor. The State shall serve upon the minor | ||||||
4 | written notice of
intention to prosecute under the provisions | ||||||
5 | of this Section within 5 judicial
days of the filing of a | ||||||
6 | delinquency petition, adjudication upon which would
mandate | ||||||
7 | the minor's disposition as a Violent Juvenile Offender.
| ||||||
8 | (c) Petition; service. A notice to seek adjudication as a | ||||||
9 | Violent Juvenile
Offender shall be filed only by the State's | ||||||
10 | Attorney.
| ||||||
11 | The petition upon which the Violent Juvenile Offender | ||||||
12 | notice is based shall
contain the information and averments | ||||||
13 | required for all other delinquency
petitions filed under this | ||||||
14 | Act and its service shall be according to the
provisions of | ||||||
15 | this Act.
| ||||||
16 | No prior adjudication shall be alleged in the petition.
| ||||||
17 | (d) Trial. Trial on the petition shall be by jury unless | ||||||
18 | the minor demands,
in open court and with advice of counsel, a | ||||||
19 | trial by the court without a jury.
| ||||||
20 | Except as otherwise provided in this Section, the | ||||||
21 | provisions of this Act
concerning delinquency proceedings | ||||||
22 | generally shall be applicable to Violent
Juvenile Offender | ||||||
23 | proceedings.
| ||||||
24 | (e) Proof of prior adjudications. No evidence or other | ||||||
25 | disclosure of prior
adjudications shall be presented to the | ||||||
26 | court or jury during an adjudicatory
hearing provided for under |
| |||||||
| |||||||
1 | this Section unless otherwise permitted by the
issues properly | ||||||
2 | raised in that hearing. In the event the minor who is the
| ||||||
3 | subject of these proceedings elects to testify on his or her | ||||||
4 | own behalf, it
shall be competent to introduce evidence, for | ||||||
5 | purposes of impeachment, that he
or she has previously been | ||||||
6 | adjudicated a delinquent minor upon facts which, had
the minor | ||||||
7 | been tried as an adult, would have resulted in the minor's | ||||||
8 | conviction
of a felony or of any offense that involved | ||||||
9 | dishonesty or false statement.
Introduction of such evidence | ||||||
10 | shall be according to the rules and
procedures applicable to | ||||||
11 | the impeachment of an adult defendant by prior
conviction.
| ||||||
12 | After an admission of the facts in the petition or | ||||||
13 | adjudication of
delinquency, the State's Attorney may file with | ||||||
14 | the court a verified written
statement signed by the State's | ||||||
15 | Attorney concerning any prior adjudication of
an offense set | ||||||
16 | forth in subsection (a) of this Section that would have
been a | ||||||
17 | felony or of any offense that involved
dishonesty or false | ||||||
18 | statement had the minor been tried as an adult.
| ||||||
19 | The court shall then cause the minor to be brought before | ||||||
20 | it; shall inform
the minor of the allegations of the statement | ||||||
21 | so filed, of his or her right to
a hearing before the court on | ||||||
22 | the issue of the prior adjudication and of his or
her right to | ||||||
23 | counsel at the hearing; and unless the minor admits the
| ||||||
24 | adjudication, the court shall hear and determine the issue, and | ||||||
25 | shall make a
written finding of the issue.
| ||||||
26 | A duly authenticated copy of the record of any alleged |
| |||||||
| |||||||
1 | prior
adjudication shall be prima facie evidence of the prior | ||||||
2 | adjudication or of any
offense that involved dishonesty or | ||||||
3 | false statement.
| ||||||
4 | Any claim that a previous adjudication offered by the | ||||||
5 | State's Attorney is not
a former adjudication of an offense | ||||||
6 | which, had the minor been prosecuted as an
adult, would have | ||||||
7 | resulted in his or her conviction of a Class 2 or greater
| ||||||
8 | felony involving the
use or threat of force or violence, or a | ||||||
9 | firearm, a felony or of any offense
that involved dishonesty or | ||||||
10 | false statement is waived unless duly raised
at the hearing on | ||||||
11 | the adjudication, or unless the State's Attorney's proof
shows | ||||||
12 | that the prior adjudication was not based upon proof of what | ||||||
13 | would have
been a felony.
| ||||||
14 | (f) Disposition. If the court finds that the prerequisites | ||||||
15 | established in
subsection (a) of this Section have been proven, | ||||||
16 | it shall adjudicate the minor
a Violent Juvenile Offender and | ||||||
17 | commit the minor to the Department of
Juvenile Justice until | ||||||
18 | his or her 21st birthday, without possibility of
parole , | ||||||
19 | furlough, or non-emergency authorized absence. However, the | ||||||
20 | minor
shall be entitled to earn one day of good conduct credit | ||||||
21 | for each day served as
reductions against the period of his or | ||||||
22 | her confinement. The good conduct
credits shall be earned or | ||||||
23 | revoked according to the procedures applicable to
the allowance | ||||||
24 | and revocation of good conduct credit for adult prisoners | ||||||
25 | serving
determinate sentences for felonies.
| ||||||
26 | For purposes of determining good conduct credit, |
| |||||||
| |||||||
1 | commitment as a Violent
Juvenile Offender shall be considered a | ||||||
2 | determinate commitment, and the
difference between the date of | ||||||
3 | the commitment and the minor's 21st birthday
shall be | ||||||
4 | considered the determinate period of his or her confinement.
| ||||||
5 | (g) Nothing in this Section shall preclude the State's | ||||||
6 | Attorney from seeking
to prosecute a minor as a habitual | ||||||
7 | juvenile offender or as an adult as an
alternative to | ||||||
8 | prosecution as a Violent Juvenile Offender.
| ||||||
9 | (h) A continuance under supervision authorized by Section | ||||||
10 | 5-615
of this Act
shall not be permitted under this Section.
| ||||||
11 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
12 | Section 30. The Criminal Code of 1961 is amended by | ||||||
13 | changing Sections 11-9.2, 31-6, and 31-7 as follows:
| ||||||
14 | (720 ILCS 5/11-9.2)
| ||||||
15 | Sec. 11-9.2. Custodial sexual misconduct.
| ||||||
16 | (a) A person commits the offense of custodial sexual | ||||||
17 | misconduct
when: (1) he or
she is an employee of a penal system | ||||||
18 | and engages in sexual conduct or sexual
penetration with a | ||||||
19 | person who is in the custody of that penal system or (2)
he or | ||||||
20 | she is an employee of a treatment and detention facility and | ||||||
21 | engages in
sexual conduct or sexual penetration with a person | ||||||
22 | who is in the custody of
that
treatment and detention facility.
| ||||||
23 | (b) A probation or supervising officer or surveillance | ||||||
24 | agent commits the
offense of custodial
sexual misconduct when |
| |||||||
| |||||||
1 | the probation or supervising officer or surveillance
agent | ||||||
2 | engages in sexual
conduct or sexual penetration with a | ||||||
3 | probationer, parolee, or releasee or
person serving a term of | ||||||
4 | conditional release who is
under the supervisory, | ||||||
5 | disciplinary, or custodial authority of the
officer or agent so
| ||||||
6 | engaging in the sexual conduct or sexual penetration.
| ||||||
7 | (c) Custodial sexual misconduct is a Class 3 felony.
| ||||||
8 | (d) Any person convicted of violating this Section | ||||||
9 | immediately shall forfeit
his or her employment with a penal | ||||||
10 | system, treatment and detention facility,
or conditional | ||||||
11 | release program.
| ||||||
12 | (e) For purposes of this Section, the consent of the | ||||||
13 | probationer, parolee,
releasee, or inmate in custody of the | ||||||
14 | penal system or person detained or
civilly committed under the | ||||||
15 | Sexually Violent Persons Commitment Act
shall not be a defense | ||||||
16 | to a
prosecution under this Section. A person is deemed | ||||||
17 | incapable of consent, for
purposes of this Section, when he or | ||||||
18 | she is a probationer, parolee, releasee,
or inmate in custody | ||||||
19 | of a penal system or person detained or civilly
committed under | ||||||
20 | the Sexually Violent Persons Commitment Act.
| ||||||
21 | (f) This Section does not apply to:
| ||||||
22 | (1) Any employee, probation or supervising officer, or | ||||||
23 | surveillance
agent who is lawfully
married to a person in | ||||||
24 | custody if the marriage occurred before the date of
| ||||||
25 | custody.
| ||||||
26 | (2) Any employee, probation or supervising officer, or |
| |||||||
| |||||||
1 | surveillance
agent who has no knowledge,
and would have no | ||||||
2 | reason to believe, that the person with whom he or she
| ||||||
3 | engaged in custodial sexual misconduct was a person in | ||||||
4 | custody.
| ||||||
5 | (g) In this Section:
| ||||||
6 | (1) "Custody" means:
| ||||||
7 | (i) pretrial incarceration or detention;
| ||||||
8 | (ii) incarceration or detention under a sentence | ||||||
9 | or commitment to a
State or local penal institution;
| ||||||
10 | (iii) parole or mandatory supervised release;
| ||||||
11 | (iv) (blank) electronic home detention ;
| ||||||
12 | (v) probation;
| ||||||
13 | (vi) detention or civil commitment either in | ||||||
14 | secure care or in the
community under the Sexually | ||||||
15 | Violent Persons Commitment Act.
| ||||||
16 | (2) "Penal system" means any system which includes | ||||||
17 | institutions as defined
in Section 2-14 of this Code or a | ||||||
18 | county shelter care or detention home
established under | ||||||
19 | Section 1 of the County Shelter Care and Detention Home | ||||||
20 | Act.
| ||||||
21 | (2.1) "Treatment and detention facility" means any | ||||||
22 | Department of Human
Services facility established for the | ||||||
23 | detention or civil commitment of persons
under the Sexually | ||||||
24 | Violent Persons Commitment Act.
| ||||||
25 | (2.2) "Conditional release" means a program of | ||||||
26 | treatment and services,
vocational services, and alcohol |
| |||||||
| |||||||
1 | or other drug abuse treatment provided to any
person | ||||||
2 | civilly committed and conditionally released to the | ||||||
3 | community under
the Sexually Violent Persons Commitment | ||||||
4 | Act;
| ||||||
5 | (3) "Employee" means:
| ||||||
6 | (i) an employee of any governmental agency of this | ||||||
7 | State or any county
or
municipal corporation that has | ||||||
8 | by statute, ordinance, or court order the
| ||||||
9 | responsibility for the care, control, or supervision | ||||||
10 | of pretrial or sentenced
persons in a penal system or | ||||||
11 | persons detained or civilly committed under the
| ||||||
12 | Sexually Violent Persons Commitment Act;
| ||||||
13 | (ii) a contractual employee of a penal system as | ||||||
14 | defined in paragraph
(g)(2) of
this Section who works | ||||||
15 | in a penal institution as defined in Section 2-14 of
| ||||||
16 | this Code;
| ||||||
17 | (iii) a contractual employee of a "treatment and | ||||||
18 | detention facility"
as defined in paragraph (g)(2.1) | ||||||
19 | of this Code or a contractual employee of the
| ||||||
20 | Department of Human Services who provides supervision | ||||||
21 | of persons serving a
term of conditional release as | ||||||
22 | defined in paragraph (g)(2.2) of this Code.
| ||||||
23 | (4) "Sexual conduct" or "sexual penetration" means any | ||||||
24 | act of sexual
conduct or sexual penetration as defined in | ||||||
25 | Section 12-12 of this Code.
| ||||||
26 | (5) "Probation officer" means any person employed in a |
| |||||||
| |||||||
1 | probation or court
services department as defined in | ||||||
2 | Section 9b of the Probation and Probation
Officers Act.
| ||||||
3 | (6) "Supervising officer" means any person employed to | ||||||
4 | supervise persons
placed on parole or mandatory supervised | ||||||
5 | release with the duties described in
Section 3-14-2 of the | ||||||
6 | Unified Code of Corrections.
| ||||||
7 | (7) "Surveillance agent" means any person employed or | ||||||
8 | contracted to
supervise persons placed on conditional | ||||||
9 | release in the community under
the Sexually Violent Persons | ||||||
10 | Commitment Act.
| ||||||
11 | (Source: P.A. 92-415, eff. 8-17-01.)
| ||||||
12 | (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
| ||||||
13 | Sec. 31-6. Escape; failure to report to a penal institution | ||||||
14 | or to report
for periodic imprisonment. | ||||||
15 | (a) A person convicted of a felony , adjudicated a | ||||||
16 | delinquent minor for the commission of a felony offense under | ||||||
17 | the Juvenile Court Act of 1987, or charged with the commission | ||||||
18 | of a
felony, or charged with or adjudicated delinquent for an | ||||||
19 | act which, if committed by an adult, would constitute a felony, | ||||||
20 | who intentionally escapes from any penal institution or from | ||||||
21 | the custody
of an employee of that institution commits a Class | ||||||
22 | 2 felony; however, a person
convicted of a felony, or | ||||||
23 | adjudicated delinquent for an act which, if committed by an | ||||||
24 | adult, would constitute a felony, or adjudicated a delinquent | ||||||
25 | minor for the commission of a felony offense under the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987 who knowingly fails to report to a penal | ||||||
2 | institution or
to report for periodic imprisonment at any time | ||||||
3 | or knowingly fails to return
from furlough authorized before | ||||||
4 | the effective date of this amendatory Act of the 96th General | ||||||
5 | Assembly or from work and day release or who knowingly fails to | ||||||
6 | abide
by the terms of home confinement is guilty of a Class 3 | ||||||
7 | felony.
| ||||||
8 | (b) A person convicted of a misdemeanor , adjudicated a | ||||||
9 | delinquent minor for the commission of a misdemeanor offense | ||||||
10 | under the Juvenile Court Act of 1987, or charged with the
| ||||||
11 | commission of a misdemeanor, or charged with or adjudicated | ||||||
12 | delinquent for an act which, if committed by an adult, would | ||||||
13 | constitute a misdemeanor, who intentionally escapes from any
| ||||||
14 | penal institution or from the custody of an employee of that
| ||||||
15 | institution commits a Class A misdemeanor; however, a person | ||||||
16 | convicted
of a misdemeanor, or adjudicated delinquent for an | ||||||
17 | act which, if committed by an adult, would constitute a | ||||||
18 | misdemeanor, or adjudicated a delinquent minor for the | ||||||
19 | commission of a misdemeanor offense under the Juvenile Court | ||||||
20 | Act of 1987 who knowingly fails to report to a penal | ||||||
21 | institution or to
report for periodic imprisonment at any time | ||||||
22 | or knowingly fails to return from
furlough authorized before | ||||||
23 | the effective date of this amendatory Act of the 96th General | ||||||
24 | Assembly or from work and day release or who knowingly fails to | ||||||
25 | abide by
the terms of home confinement is guilty of a Class B | ||||||
26 | misdemeanor.
|
| |||||||
| |||||||
1 | (b-1) A person committed to the Department of Human | ||||||
2 | Services under the
provisions of the Sexually Violent Persons | ||||||
3 | Commitment Act or in detention with
the Department of Human | ||||||
4 | Services awaiting such a commitment who intentionally
escapes | ||||||
5 | from any secure residential facility or from the custody of an | ||||||
6 | employee
of that facility commits a Class 2 felony.
| ||||||
7 | (c) A person in the lawful custody of a peace officer for | ||||||
8 | the alleged
commission of a felony offense or an act which, if | ||||||
9 | committed by an adult, would constitute a felony, and who | ||||||
10 | intentionally escapes from custody
commits a Class 2 felony; | ||||||
11 | however, a person in the lawful custody of a
peace officer for | ||||||
12 | the alleged commission of a misdemeanor offense or an act | ||||||
13 | which, if committed by an adult, would constitute a | ||||||
14 | misdemeanor, who
intentionally escapes from custody commits a | ||||||
15 | Class A misdemeanor.
| ||||||
16 | (c-5) A person in the lawful custody of a peace officer for | ||||||
17 | an alleged
violation of a term or condition of probation, | ||||||
18 | conditional discharge, parole,
or mandatory supervised release | ||||||
19 | for a felony or an act which, if committed by an adult, would | ||||||
20 | constitute a felony, who intentionally escapes
from custody is | ||||||
21 | guilty of a Class 2 felony.
| ||||||
22 | (c-6) A person in the lawful custody of a peace officer for | ||||||
23 | an alleged
violation of a term or condition of supervision, | ||||||
24 | probation, or conditional
discharge for a misdemeanor or an act | ||||||
25 | which, if committed by an adult, would constitute a | ||||||
26 | misdemeanor, who intentionally escapes from custody is
guilty |
| |||||||
| |||||||
1 | of a Class A misdemeanor.
| ||||||
2 | (d) A person who violates this Section
while armed with a | ||||||
3 | dangerous weapon commits a Class 1 felony.
| ||||||
4 | (Source: P.A. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09; | ||||||
5 | revised 9-25-08.)
| ||||||
6 | (720 ILCS 5/31-7) (from Ch. 38, par. 31-7)
| ||||||
7 | Sec. 31-7. Aiding escape.
| ||||||
8 | (a) Whoever, with intent to aid any prisoner in
escaping | ||||||
9 | from any penal institution, conveys into the institution or
| ||||||
10 | transfers to the prisoner anything for use in escaping commits | ||||||
11 | a Class A
misdemeanor.
| ||||||
12 | (b) Whoever knowingly aids a person convicted of a felony , | ||||||
13 | adjudicated a delinquent minor for the commission of a felony | ||||||
14 | offense under the Juvenile Court Act of 1987, or charged
with | ||||||
15 | the commission of a felony, or charged with or adjudicated | ||||||
16 | delinquent for an act which, if committed by an adult, would | ||||||
17 | constitute a felony, in escaping from any penal institution or
| ||||||
18 | from the custody of any employee of that institution commits a | ||||||
19 | Class 2
felony; however, whoever knowingly aids a person | ||||||
20 | convicted of a felony , adjudicated a delinquent minor for the | ||||||
21 | commission of a felony offense under the Juvenile Court Act of | ||||||
22 | 1987,
or charged with the commission of a felony, or charged | ||||||
23 | with or adjudicated delinquent for an act which, if committed | ||||||
24 | by an adult, would constitute a felony, in failing to return | ||||||
25 | from furlough authorized before the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 96th General Assembly
or from work and | ||||||
2 | day release is guilty of a Class 3 felony.
| ||||||
3 | (c) Whoever knowingly aids a person convicted of a | ||||||
4 | misdemeanor , adjudicated a delinquent minor for the commission | ||||||
5 | of a misdemeanor offense under the Juvenile Court Act of 1987, | ||||||
6 | or
charged with the commission of a misdemeanor, or charged | ||||||
7 | with or adjudicated delinquent for an act which, if committed | ||||||
8 | by an adult, would constitute a misdemeanor, in escaping from | ||||||
9 | any penal
institution or from the custody of an employee of | ||||||
10 | that institution commits
a Class A misdemeanor; however, | ||||||
11 | whoever knowingly aids a person convicted
of a misdemeanor , | ||||||
12 | adjudicated a delinquent minor for the commission of a | ||||||
13 | misdemeanor offense under the Juvenile Court Act of 1987, or | ||||||
14 | charged with the commission of a misdemeanor, or charged with | ||||||
15 | or adjudicated delinquent for an act which, if committed by an | ||||||
16 | adult, would constitute a misdemeanor, in failing
to return | ||||||
17 | from furlough authorized before the effective date of this | ||||||
18 | amendatory Act of the 96th General Assembly or from work and | ||||||
19 | day release is guilty of a Class
B misdemeanor.
| ||||||
20 | (d) Whoever knowingly aids a person in escaping from any | ||||||
21 | public
institution, other than a penal institution, in which he | ||||||
22 | is lawfully
detained, or from the custody of an employee of | ||||||
23 | that institution, commits a
Class A misdemeanor.
| ||||||
24 | (e) Whoever knowingly aids a person in the lawful custody | ||||||
25 | of a peace
officer for the alleged commission of a felony | ||||||
26 | offense or an act which, if committed by an adult, would |
| |||||||
| |||||||
1 | constitute a felony, in escaping from
custody commits a Class 2 | ||||||
2 | felony; however, whoever knowingly aids a
person in the lawful | ||||||
3 | custody of a peace officer for the alleged commission of
a | ||||||
4 | misdemeanor offense or an act which, if committed by an adult, | ||||||
5 | would constitute a misdemeanor, in escaping from custody | ||||||
6 | commits a Class A misdemeanor.
| ||||||
7 | (f) An officer or employee of any penal institution who | ||||||
8 | recklessly
permits any prisoner in his custody to escape | ||||||
9 | commits a Class A
misdemeanor.
| ||||||
10 | (f-5) With respect to a person in the lawful custody of a | ||||||
11 | peace
officer for an alleged violation of a term or condition | ||||||
12 | of probation,
conditional discharge, parole, or mandatory | ||||||
13 | supervised release for a felony,
whoever intentionally aids | ||||||
14 | that person to escape from that custody is guilty of
a Class 2 | ||||||
15 | felony.
| ||||||
16 | (f-6) With respect to a person who is in the lawful custody | ||||||
17 | of a peace
officer for an alleged violation of a term or | ||||||
18 | condition of supervision,
probation, or conditional discharge | ||||||
19 | for a misdemeanor, whoever intentionally
aids that person to | ||||||
20 | escape from that custody is guilty of a Class A
misdemeanor.
| ||||||
21 | (g) A person who violates this Section while armed with a | ||||||
22 | dangerous weapon
commits a Class 2 felony.
| ||||||
23 | (Source: P.A. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09; | ||||||
24 | revised 9-25-08.)
| ||||||
25 | Section 35. The Code of Criminal Procedure of 1963 is |
| |||||||
| |||||||
1 | amended by changing Section 110-5 as follows:
| ||||||
2 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
3 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
4 | of release.
| ||||||
5 | (a) In determining the amount of monetary bail or | ||||||
6 | conditions of release, if
any,
which will reasonably assure the | ||||||
7 | appearance of a defendant as required or
the safety of any | ||||||
8 | other person or the community and the likelihood of
compliance | ||||||
9 | by the
defendant with all the conditions of bail, the court | ||||||
10 | shall, on the
basis of available information, take into account | ||||||
11 | such matters as the
nature and circumstances of the offense | ||||||
12 | charged, whether the evidence
shows that as part of the offense | ||||||
13 | there was a use of violence or threatened
use of violence, | ||||||
14 | whether the offense involved corruption of public
officials or | ||||||
15 | employees, whether there was physical harm or threats of | ||||||
16 | physical
harm to any
public official, public employee, judge, | ||||||
17 | prosecutor, juror or witness,
senior citizen, child or | ||||||
18 | handicapped person, whether evidence shows that
during the | ||||||
19 | offense or during the arrest the defendant possessed or used a
| ||||||
20 | firearm, machine gun, explosive or metal piercing ammunition or | ||||||
21 | explosive
bomb device or any military or paramilitary armament,
| ||||||
22 | whether the evidence
shows that the offense committed was | ||||||
23 | related to or in furtherance of the
criminal activities of an | ||||||
24 | organized gang or was motivated by the defendant's
membership | ||||||
25 | in or allegiance to an organized gang,
the condition of the
|
| |||||||
| |||||||
1 | victim, any written statement submitted by the victim or | ||||||
2 | proffer or
representation by the State regarding the
impact | ||||||
3 | which the alleged criminal conduct has had on the victim and | ||||||
4 | the
victim's concern, if any, with further contact with the | ||||||
5 | defendant if
released on bail, whether the offense was based on | ||||||
6 | racial, religious,
sexual orientation or ethnic hatred,
the | ||||||
7 | likelihood of the filing of a greater charge, the likelihood of
| ||||||
8 | conviction, the sentence applicable upon conviction, the | ||||||
9 | weight of the evidence
against such defendant, whether there | ||||||
10 | exists motivation or ability to
flee, whether there is any | ||||||
11 | verification as to prior residence, education,
or family ties | ||||||
12 | in the local jurisdiction, in another county,
state or foreign | ||||||
13 | country, the defendant's employment, financial resources,
| ||||||
14 | character and mental condition, past conduct, prior use of | ||||||
15 | alias names or
dates of birth, and length of residence in the | ||||||
16 | community,
the consent of the defendant to periodic drug | ||||||
17 | testing in accordance with
Section 110-6.5,
whether a foreign | ||||||
18 | national defendant is lawfully admitted in the United
States of | ||||||
19 | America, whether the government of the foreign national
| ||||||
20 | maintains an extradition treaty with the United States by which | ||||||
21 | the foreign
government will extradite to the United States its | ||||||
22 | national for a trial for
a crime allegedly committed in the | ||||||
23 | United States, whether the defendant is
currently subject to | ||||||
24 | deportation or exclusion under the immigration laws of
the | ||||||
25 | United States, whether the defendant, although a United States | ||||||
26 | citizen,
is considered under the law of any foreign state a |
| |||||||
| |||||||
1 | national of that state
for the purposes of extradition or | ||||||
2 | non-extradition to the United States,
the amount of unrecovered | ||||||
3 | proceeds lost as a result of
the alleged offense, the
source of | ||||||
4 | bail funds tendered or sought to be tendered for bail,
whether | ||||||
5 | from the totality of the court's consideration,
the loss of | ||||||
6 | funds posted or sought to be posted for bail will not deter the
| ||||||
7 | defendant from flight, whether the evidence shows that the | ||||||
8 | defendant is
engaged in significant
possession, manufacture, | ||||||
9 | or delivery of a controlled substance or cannabis,
either | ||||||
10 | individually or in consort with others,
whether at the time of | ||||||
11 | the offense
charged he was on bond or pre-trial release pending | ||||||
12 | trial, probation,
periodic imprisonment or conditional | ||||||
13 | discharge pursuant to this Code or the
comparable Code of any | ||||||
14 | other state or federal jurisdiction, whether the
defendant is | ||||||
15 | on bond or
pre-trial release pending the imposition or | ||||||
16 | execution of sentence or appeal of
sentence for any offense | ||||||
17 | under the laws of Illinois or any other state or
federal | ||||||
18 | jurisdiction, whether the defendant is under parole or | ||||||
19 | mandatory
supervised release or
work release from the Illinois | ||||||
20 | Department of Corrections or any penal
institution or | ||||||
21 | corrections department of any state or federal
jurisdiction, | ||||||
22 | the defendant's record of convictions, whether the defendant | ||||||
23 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
24 | Illinois or similar
offense in other state or federal | ||||||
25 | jurisdiction within the 10 years
preceding the current charge | ||||||
26 | or convicted of a felony in Illinois, whether
the defendant was |
| |||||||
| |||||||
1 | convicted of an offense in another state or federal
| ||||||
2 | jurisdiction that would
be a felony if committed in Illinois | ||||||
3 | within the 20 years preceding the
current charge or has been | ||||||
4 | convicted of such felony and released from the
penitentiary | ||||||
5 | within 20 years preceding the current charge if a
penitentiary | ||||||
6 | sentence was imposed in Illinois or other state or federal
| ||||||
7 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
8 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
9 | failure to appear by
the defendant at
court proceedings, | ||||||
10 | whether there was flight to avoid arrest or
prosecution, | ||||||
11 | whether the defendant escaped or
attempted to escape to avoid | ||||||
12 | arrest, whether the defendant refused to
identify himself, or | ||||||
13 | whether there was a refusal by the defendant to be
| ||||||
14 | fingerprinted as required by law. Information used by the court | ||||||
15 | in its
findings or stated in or
offered in connection with this | ||||||
16 | Section may be by way of proffer based upon
reliable | ||||||
17 | information offered by the State or defendant.
All evidence | ||||||
18 | shall be admissible if it is relevant and
reliable regardless | ||||||
19 | of whether it would be admissible under the rules of
evidence | ||||||
20 | applicable at criminal trials.
If the State presents evidence | ||||||
21 | that the offense committed by the defendant
was related to or | ||||||
22 | in furtherance of the criminal activities of an organized
gang | ||||||
23 | or was motivated by the defendant's membership in or allegiance | ||||||
24 | to an
organized gang, and if the court determines that the | ||||||
25 | evidence may be
substantiated, the court shall prohibit the | ||||||
26 | defendant from associating with
other members of the organized |
| |||||||
| |||||||
1 | gang as a condition of bail or release.
For the purposes of | ||||||
2 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
3 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
4 | Prevention Act.
| ||||||
5 | (b) The amount of bail shall be:
| ||||||
6 | (1) Sufficient to assure compliance with the | ||||||
7 | conditions set forth in the
bail bond, which shall include | ||||||
8 | the defendant's current address with a written
| ||||||
9 | admonishment to the defendant that he or she must comply | ||||||
10 | with the provisions of
Section 110-12 regarding any change | ||||||
11 | in his or her address. The defendant's
address shall at all | ||||||
12 | times remain a matter of public record with the clerk
of | ||||||
13 | the court.
| ||||||
14 | (2) Not oppressive.
| ||||||
15 | (3) Considerate of the financial ability of the | ||||||
16 | accused.
| ||||||
17 | (4) When a person is charged with a drug related | ||||||
18 | offense involving
possession or delivery of cannabis or | ||||||
19 | possession or delivery of a
controlled substance as defined | ||||||
20 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
21 | Substances Act, or the Methamphetamine Control and | ||||||
22 | Community Protection Act, the full street value
of the | ||||||
23 | drugs seized shall be considered. "Street value" shall be
| ||||||
24 | determined by the court on the basis of a proffer by the | ||||||
25 | State based upon
reliable information of a law enforcement | ||||||
26 | official contained in a written
report as to the amount |
| |||||||
| |||||||
1 | seized and such proffer may be used by the court as
to the | ||||||
2 | current street value of the smallest unit of the drug | ||||||
3 | seized.
| ||||||
4 | (b-5) Upon the filing of a written request demonstrating | ||||||
5 | reasonable cause, the State's Attorney may request a source of | ||||||
6 | bail hearing either before or after the posting of any funds.
| ||||||
7 | If the hearing is granted, before the posting of any bail, the | ||||||
8 | accused must file a written notice requesting that the court | ||||||
9 | conduct a source of bail hearing. The notice must be | ||||||
10 | accompanied by justifying affidavits stating the legitimate | ||||||
11 | and lawful source of funds for bail. At the hearing, the court | ||||||
12 | shall inquire into any matters stated in any justifying | ||||||
13 | affidavits, and may also inquire into matters appropriate to | ||||||
14 | the determination which shall include, but are not limited to, | ||||||
15 | the following: | ||||||
16 | (1) the background, character, reputation, and | ||||||
17 | relationship to the accused of any surety; and | ||||||
18 | (2) the source of any money or property deposited by | ||||||
19 | any surety, and whether any such money or property | ||||||
20 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
21 | (3) the source of any money posted as cash bail, and | ||||||
22 | whether any such money constitutes the fruits of criminal | ||||||
23 | or unlawful conduct; and | ||||||
24 | (4) the background, character, reputation, and | ||||||
25 | relationship to the accused of the person posting cash | ||||||
26 | bail. |
| |||||||
| |||||||
1 | Upon setting the hearing, the court shall examine, under | ||||||
2 | oath, any persons who may possess material information. | ||||||
3 | The State's Attorney has a right to attend the hearing, to | ||||||
4 | call witnesses and to examine any witness in the proceeding. | ||||||
5 | The court shall, upon request of the State's Attorney, continue | ||||||
6 | the proceedings for a reasonable period to allow the State's | ||||||
7 | Attorney to investigate the matter raised in any testimony or | ||||||
8 | affidavit.
If the hearing is granted after the accused has | ||||||
9 | posted bail, the court shall conduct a hearing consistent with | ||||||
10 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
11 | court must issue an order either approving of disapproving the | ||||||
12 | bail.
| ||||||
13 | (c) When a person is charged with an offense punishable by | ||||||
14 | fine only the
amount of the bail shall not exceed double the | ||||||
15 | amount of the maximum penalty.
| ||||||
16 | (d) When a person has been convicted of an offense and only | ||||||
17 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
18 | double the amount of
the fine.
| ||||||
19 | (e) The State may appeal any order granting bail or setting
| ||||||
20 | a given amount for bail. | ||||||
21 | (f) When a person is charged with a violation of an order | ||||||
22 | of protection under Section 12-30 of the Criminal Code of 1961, | ||||||
23 | the court shall order the respondent to undergo a risk | ||||||
24 | assessment evaluation at an Illinois Department of Human | ||||||
25 | Services protocol approved partner abuse intervention program. | ||||||
26 | Based on the results of the risk assessment and the other |
| |||||||
| |||||||
1 | circumstances of the violation, the court may order that the | ||||||
2 | person, as a condition of bail, be placed under electronic | ||||||
3 | surveillance as provided in Section 5-8A-7 of the Unified Code | ||||||
4 | of Corrections.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; 95-773, eff. 1-1-09.)
| ||||||
6 | Section 40. The Rights of Crime Victims and Witnesses Act | ||||||
7 | is amended by changing Section 4.5 as follows:
| ||||||
8 | (725 ILCS 120/4.5)
| ||||||
9 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
10 | victims. To afford
crime victims their rights, law enforcement, | ||||||
11 | prosecutors, judges and
corrections will provide information, | ||||||
12 | as appropriate of the following
procedures:
| ||||||
13 | (a) At the request of the crime victim, law enforcement | ||||||
14 | authorities
investigating the case shall provide notice of the | ||||||
15 | status of the investigation,
except where the State's Attorney | ||||||
16 | determines that disclosure of such
information would | ||||||
17 | unreasonably interfere with the investigation, until such
time | ||||||
18 | as the alleged assailant is apprehended or the investigation is | ||||||
19 | closed.
| ||||||
20 | (b) The office of the State's Attorney:
| ||||||
21 | (1) shall provide notice of the filing of information, | ||||||
22 | the return of an
indictment by which a prosecution for any | ||||||
23 | violent crime is commenced, or the
filing of a petition to | ||||||
24 | adjudicate a minor as a delinquent for a violent
crime;
|
| |||||||
| |||||||
1 | (2) shall provide notice of the date, time, and place | ||||||
2 | of trial;
| ||||||
3 | (3) or victim advocate personnel shall provide | ||||||
4 | information of social
services and financial assistance | ||||||
5 | available for victims of crime, including
information of | ||||||
6 | how to apply for these services and assistance;
| ||||||
7 | (4) shall assist in having any stolen or other personal | ||||||
8 | property held by
law enforcement authorities for | ||||||
9 | evidentiary or other purposes returned as
expeditiously as | ||||||
10 | possible, pursuant to the procedures set out in Section | ||||||
11 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
12 | (5) or victim advocate personnel shall provide | ||||||
13 | appropriate employer
intercession services to ensure that | ||||||
14 | employers of victims will cooperate with
the criminal | ||||||
15 | justice system in order to minimize an employee's loss of | ||||||
16 | pay and
other benefits resulting from court appearances;
| ||||||
17 | (6) shall provide information whenever possible, of a | ||||||
18 | secure waiting
area during court proceedings that does not | ||||||
19 | require victims to be in close
proximity to defendant or | ||||||
20 | juveniles accused of a violent crime, and their
families | ||||||
21 | and friends;
| ||||||
22 | (7) shall provide notice to the crime victim of the | ||||||
23 | right to have a
translator present at all court proceedings | ||||||
24 | and, in compliance with the federal Americans
with | ||||||
25 | Disabilities Act of 1990, the right to communications | ||||||
26 | access through a
sign language interpreter or by other |
| |||||||
| |||||||
1 | means;
| ||||||
2 | (8) in the case of the death of a person, which death | ||||||
3 | occurred in the same
transaction or occurrence in which | ||||||
4 | acts occurred for which a defendant is
charged with an | ||||||
5 | offense, shall notify the spouse, parent, child or sibling | ||||||
6 | of
the decedent of the date of the trial of the person or | ||||||
7 | persons allegedly
responsible for the death;
| ||||||
8 | (9) shall inform the victim of the right to have | ||||||
9 | present at all court
proceedings, subject to the rules of | ||||||
10 | evidence, an advocate or other support
person of the | ||||||
11 | victim's choice, and the right to retain an attorney, at | ||||||
12 | the
victim's own expense, who, upon written notice filed | ||||||
13 | with the clerk of the
court and State's Attorney, is to | ||||||
14 | receive copies of all notices, motions and
court orders | ||||||
15 | filed thereafter in the case, in the same manner as if the | ||||||
16 | victim
were a named party in the case;
| ||||||
17 | (10) at the sentencing hearing shall make a good faith | ||||||
18 | attempt to explain
the minimum amount of time during which | ||||||
19 | the defendant may actually be
physically imprisoned. The | ||||||
20 | Office of the State's Attorney shall further notify
the | ||||||
21 | crime victim of the right to request from the Prisoner | ||||||
22 | Review Board
information concerning the release of the | ||||||
23 | defendant under subparagraph (d)(1)
of this Section;
| ||||||
24 | (11) shall request restitution at sentencing and shall | ||||||
25 | consider
restitution in any plea negotiation, as provided | ||||||
26 | by law; and
|
| |||||||
| |||||||
1 | (12) shall, upon the court entering a verdict of not | ||||||
2 | guilty by reason of insanity, inform the victim of the | ||||||
3 | notification services available from the Department of | ||||||
4 | Human Services, including the statewide telephone number, | ||||||
5 | under subparagraph (d)(2) of this Section. | ||||||
6 | (c) At the written request of the crime victim, the office | ||||||
7 | of the State's
Attorney shall:
| ||||||
8 | (1) provide notice a reasonable time in advance of the | ||||||
9 | following court
proceedings: preliminary hearing, any | ||||||
10 | hearing the effect of which may be the
release of defendant | ||||||
11 | from custody, or to alter the conditions of bond and the
| ||||||
12 | sentencing hearing. The crime victim shall also be notified | ||||||
13 | of the
cancellation of the court proceeding in sufficient | ||||||
14 | time, wherever possible, to
prevent an unnecessary | ||||||
15 | appearance in court;
| ||||||
16 | (2) provide notice within a reasonable time after | ||||||
17 | receipt of notice from
the custodian, of the release of the | ||||||
18 | defendant on bail or personal recognizance
or the release | ||||||
19 | from detention of a minor who has been detained for a | ||||||
20 | violent
crime;
| ||||||
21 | (3) explain in nontechnical language the details of any | ||||||
22 | plea or verdict of
a defendant, or any adjudication of a | ||||||
23 | juvenile as a delinquent for a violent
crime;
| ||||||
24 | (4) where practical, consult with the crime victim | ||||||
25 | before the Office of
the State's Attorney makes an offer of | ||||||
26 | a plea bargain to the defendant or
enters into negotiations |
| |||||||
| |||||||
1 | with the defendant concerning a possible plea
agreement, | ||||||
2 | and shall consider the written victim impact statement, if | ||||||
3 | prepared
prior to entering into a plea agreement;
| ||||||
4 | (5) provide notice of the ultimate disposition of the | ||||||
5 | cases arising from
an indictment or an information, or a | ||||||
6 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
7 | a violent crime;
| ||||||
8 | (6) provide notice of any appeal taken by the defendant | ||||||
9 | and information
on how to contact the appropriate agency | ||||||
10 | handling the appeal;
| ||||||
11 | (7) provide notice of any request for post-conviction | ||||||
12 | review filed by the
defendant under Article 122 of the Code | ||||||
13 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
14 | place of any hearing concerning the petition. Whenever
| ||||||
15 | possible, notice of the hearing shall be given in advance;
| ||||||
16 | (8) forward a copy of any statement presented under | ||||||
17 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
18 | the Board in making its determination
under subsection (b) | ||||||
19 | of Section 3-3-8 of the Unified Code of Corrections.
| ||||||
20 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
21 | any other
concerned citizen, upon written request, of the | ||||||
22 | prisoner's release on parole,
mandatory supervised release, | ||||||
23 | electronic detention, work release, international transfer or | ||||||
24 | exchange, or by the
custodian of the discharge of any | ||||||
25 | individual who was adjudicated a delinquent
for a violent crime | ||||||
26 | from State custody and by the sheriff of the appropriate
county |
| |||||||
| |||||||
1 | of any such person's final discharge from county custody.
The | ||||||
2 | Prisoner Review Board, upon written request, shall provide to a | ||||||
3 | victim or
any other concerned citizen a recent photograph of | ||||||
4 | any person convicted of a
felony, upon his or her release from | ||||||
5 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
6 | inform a victim or any other
concerned citizen when feasible at | ||||||
7 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
8 | times and dates of such furlough. Upon written request by
the | ||||||
9 | victim or any other concerned citizen, the State's Attorney | ||||||
10 | shall notify
the person once of the times and dates of release | ||||||
11 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
12 | shall be based on the most recent
information as to victim's or | ||||||
13 | other concerned citizen's residence or other
location | ||||||
14 | available to the notifying authority.
For purposes of this | ||||||
15 | paragraph (1) of subsection (d), "concerned citizen"
includes | ||||||
16 | relatives of the victim, friends of the victim, witnesses to | ||||||
17 | the
crime, or any other person associated with the victim or | ||||||
18 | prisoner.
| ||||||
19 | (2) When the defendant has been committed to the | ||||||
20 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
21 | any other
provision of the Unified Code of Corrections, the | ||||||
22 | victim may request to be
notified by the releasing | ||||||
23 | authority of the defendant's furloughs, temporary release, | ||||||
24 | or final discharge from State
custody. The Department of | ||||||
25 | Human Services shall establish and maintain a statewide | ||||||
26 | telephone number to be used by victims to make notification |
| |||||||
| |||||||
1 | requests under these provisions , and shall publicize this | ||||||
2 | telephone number on its website and to the State's Attorney | ||||||
3 | of each county.
| ||||||
4 | (3) In the event of an escape from State custody, the | ||||||
5 | Department of
Corrections or the Department of Juvenile | ||||||
6 | Justice immediately shall notify the Prisoner Review Board | ||||||
7 | of the escape
and the Prisoner Review Board shall notify | ||||||
8 | the victim. The notification shall
be based upon the most | ||||||
9 | recent information as to the victim's residence or other
| ||||||
10 | location available to the Board. When no such information | ||||||
11 | is available, the
Board shall make all reasonable efforts | ||||||
12 | to obtain the information and make
the notification. When | ||||||
13 | the escapee is apprehended, the Department of
Corrections | ||||||
14 | or the Department of Juvenile Justice immediately shall | ||||||
15 | notify the Prisoner Review Board and the Board
shall notify | ||||||
16 | the victim.
| ||||||
17 | (4) The victim of the crime for which the prisoner has | ||||||
18 | been sentenced
shall receive reasonable written notice not | ||||||
19 | less than 15 days prior to the
parole hearing and may | ||||||
20 | submit, in writing, on film, videotape or other
electronic | ||||||
21 | means or in the form of a recording or in person at the | ||||||
22 | parole
hearing
or if a victim of a violent crime, by | ||||||
23 | calling the
toll-free number established in subsection (f) | ||||||
24 | of this Section, information
for
consideration by the | ||||||
25 | Prisoner Review Board. The
victim shall be notified within | ||||||
26 | 7 days after the prisoner has been granted
parole and shall |
| |||||||
| |||||||
1 | be informed of the right to inspect the registry of parole
| ||||||
2 | decisions, established under subsection (g) of Section | ||||||
3 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
4 | this paragraph (4) are subject to the
Open Parole Hearings | ||||||
5 | Act.
| ||||||
6 | (5) If a statement is presented under Section 6, the | ||||||
7 | Prisoner Review Board
shall inform the victim of any order | ||||||
8 | of discharge entered by the Board pursuant
to Section 3-3-8 | ||||||
9 | of the Unified Code of Corrections.
| ||||||
10 | (6) At the written request of the victim of the crime | ||||||
11 | for which the
prisoner was sentenced, the Prisoner Review | ||||||
12 | Board shall notify the victim of
the death of the prisoner | ||||||
13 | if the prisoner died while on parole or mandatory
| ||||||
14 | supervised release.
| ||||||
15 | (7) When a defendant who has been committed to the | ||||||
16 | Department of
Corrections, the Department of Juvenile | ||||||
17 | Justice, or the Department of Human Services is released or | ||||||
18 | discharged and
subsequently committed to the Department of | ||||||
19 | Human Services as a sexually
violent person and the victim | ||||||
20 | had requested to be notified by the releasing
authority of | ||||||
21 | the defendant's discharge from State custody, the | ||||||
22 | releasing
authority shall provide to the Department of | ||||||
23 | Human Services such information
that would allow the | ||||||
24 | Department of Human Services to contact the victim.
| ||||||
25 | (8) When a defendant has been convicted of a sex | ||||||
26 | offense as defined in Section 2 of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act and has been sentenced to the Department | ||||||
2 | of Corrections or the Department of Juvenile Justice, the | ||||||
3 | Prisoner Review Board shall notify the victim of the sex | ||||||
4 | offense of the prisoner's eligibility for release on | ||||||
5 | parole,
mandatory supervised release, electronic | ||||||
6 | detention, work release, international transfer or | ||||||
7 | exchange, or by the
custodian of the discharge of any | ||||||
8 | individual who was adjudicated a delinquent
for a sex | ||||||
9 | offense from State custody and by the sheriff of the | ||||||
10 | appropriate
county of any such person's final discharge | ||||||
11 | from county custody. The notification shall be made to the | ||||||
12 | victim at least 30 days, whenever possible, before release | ||||||
13 | of the sex offender. | ||||||
14 | (e) The officials named in this Section may satisfy some or | ||||||
15 | all of their
obligations to provide notices and other | ||||||
16 | information through participation in a
statewide victim and | ||||||
17 | witness notification system established by the Attorney
| ||||||
18 | General under Section 8.5 of this Act.
| ||||||
19 | (f) To permit a victim of a violent crime to provide | ||||||
20 | information to the
Prisoner Review Board for consideration by | ||||||
21 | the
Board at a parole hearing of a person who committed the | ||||||
22 | crime against
the victim in accordance with clause (d)(4) of | ||||||
23 | this Section or at a proceeding
to determine the conditions of | ||||||
24 | mandatory supervised release of a person
sentenced to a | ||||||
25 | determinate sentence or at a hearing on revocation of mandatory
| ||||||
26 | supervised release of a person sentenced to a determinate |
| |||||||
| |||||||
1 | sentence, the Board
shall establish a toll-free number that may | ||||||
2 | be accessed by the victim of
a violent crime to present that | ||||||
3 | information to the Board.
| ||||||
4 | (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07; | ||||||
5 | 95-896, eff. 1-1-09; 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; | ||||||
6 | revised 9-25-08.)
| ||||||
7 | Section 45. The Unified Code of Corrections is amended by | ||||||
8 | changing Sections 3-1-2, 3-3-4, 3-3-7, 3-6-3, 3-6-4, 3-11-1, | ||||||
9 | 5-4.5-20, 5-4.5-25, 5-4.5-30, 5-4.5-35, 5-4.5-40, 5-4.5-45, | ||||||
10 | 5-4.5-55, 5-4.5-60, 5-4.5-65, 5-4.5-100, 5-6-3, 5-6-4, and | ||||||
11 | 5-8-1 and the heading of Article 11 of Chapter III as follows:
| ||||||
12 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||||||
13 | Sec. 3-1-2. Definitions. | ||||||
14 | (a) "Chief Administrative Officer" means the
person | ||||||
15 | designated by the Director to exercise the powers and duties of | ||||||
16 | the
Department of Corrections in regard to committed persons | ||||||
17 | within
a correctional institution or facility, and includes the
| ||||||
18 | superintendent of any juvenile institution or facility.
| ||||||
19 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
20 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
21 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
22 | Section 5-6-3.1 only means: | ||||||
23 | (i) A violation of any of the following Sections of the | ||||||
24 | Criminal Code of
1961: 10-7 (aiding and abetting child |
| |||||||
| |||||||
1 | abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | ||||||
2 | luring), 11-6 (indecent solicitation of a child), 11-6.5
| ||||||
3 | (indecent solicitation of an adult),
11-15.1 (soliciting | ||||||
4 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
5 | juvenile prostitution), 11-18.1
(patronizing a juvenile | ||||||
6 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
7 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
8 | 12-14.1
(predatory criminal sexual assault of a child), or | ||||||
9 | 12-33 (ritualized abuse of a
child). An attempt to commit | ||||||
10 | any of
these offenses. | ||||||
11 | (ii) A violation of any of the following Sections of | ||||||
12 | the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | ||||||
13 | 12-14 (aggravated criminal sexual assault), 12-16 | ||||||
14 | (aggravated criminal sexual abuse), and subsection (a) of | ||||||
15 | Section 12-15
(criminal sexual abuse). An attempt to commit
| ||||||
16 | any of these offenses. | ||||||
17 | (iii) A violation of any of the following Sections of | ||||||
18 | the Criminal Code
of 1961 when the defendant is
not a | ||||||
19 | parent of the victim: | ||||||
20 | 10-1 (kidnapping),
| ||||||
21 | 10-2 (aggravated kidnapping), | ||||||
22 | 10-3 (unlawful restraint),
| ||||||
23 | 10-3.1 (aggravated unlawful restraint). | ||||||
24 | An attempt to commit any of these offenses. | ||||||
25 | (iv) A violation of any former law of this State | ||||||
26 | substantially
equivalent to any offense listed in this |
| |||||||
| |||||||
1 | subsection (a-5). | ||||||
2 | An offense violating federal law or the law of another | ||||||
3 | state
that is substantially equivalent to any offense listed in | ||||||
4 | this
subsection (a-5) shall constitute a sex offense for the | ||||||
5 | purpose of
this subsection (a-5). A finding or adjudication as | ||||||
6 | a sexually dangerous person under
any federal law or law of | ||||||
7 | another state that is substantially equivalent to the
Sexually | ||||||
8 | Dangerous Persons Act shall constitute an adjudication for a | ||||||
9 | sex offense for the
purposes of this subsection (a-5).
| ||||||
10 | (b) "Commitment" means a judicially determined placement
| ||||||
11 | in the custody of the Department of Corrections on the basis of
| ||||||
12 | delinquency or conviction.
| ||||||
13 | (c) "Committed Person" is a person committed to the | ||||||
14 | Department,
however a committed person shall not be considered | ||||||
15 | to be an employee of
the Department of Corrections for any | ||||||
16 | purpose, including eligibility for
a pension, benefits, or any | ||||||
17 | other compensation or rights or privileges which
may be | ||||||
18 | provided to employees of the Department.
| ||||||
19 | (d) "Correctional Institution or Facility" means any | ||||||
20 | building or
part of a building where committed persons are kept | ||||||
21 | in a secured manner.
| ||||||
22 | (e) In the case of functions performed before the effective | ||||||
23 | date of this amendatory Act of the 94th General Assembly, | ||||||
24 | "Department" means the Department of Corrections of this State. | ||||||
25 | In the case of functions performed on or after the effective | ||||||
26 | date of this amendatory Act of the 94th General Assembly, |
| |||||||
| |||||||
1 | "Department" has the meaning ascribed to it in subsection | ||||||
2 | (f-5).
| ||||||
3 | (f) In the case of functions performed before the effective | ||||||
4 | date of this amendatory Act of the 94th General Assembly, | ||||||
5 | "Director" means the Director of the Department of Corrections. | ||||||
6 | In the case of functions performed on or after the effective | ||||||
7 | date of this amendatory Act of the 94th General Assembly, | ||||||
8 | "Director" has the meaning ascribed to it in subsection (f-5).
| ||||||
9 | (f-5) In the case of functions performed on or after the | ||||||
10 | effective date of this amendatory Act of the 94th General | ||||||
11 | Assembly, references to "Department" or "Director" refer to | ||||||
12 | either the Department of Corrections or the Director of | ||||||
13 | Corrections or to the Department of Juvenile Justice or the | ||||||
14 | Director of Juvenile Justice unless the context is specific to | ||||||
15 | the Department of Juvenile Justice or the Director of Juvenile | ||||||
16 | Justice.
| ||||||
17 | (g) "Discharge" means the final termination of a commitment
| ||||||
18 | to the Department of Corrections.
| ||||||
19 | (h) "Discipline" means the rules and regulations for the
| ||||||
20 | maintenance of order and the protection of persons and property
| ||||||
21 | within the institutions and facilities of the Department and
| ||||||
22 | their enforcement.
| ||||||
23 | (i) "Escape" means the intentional and unauthorized | ||||||
24 | absence
of a committed person from the custody of the | ||||||
25 | Department.
| ||||||
26 | (j) (Blank). "Furlough" means an authorized leave of |
| |||||||
| |||||||
1 | absence from the
Department of Corrections for a designated | ||||||
2 | purpose and period of time.
| ||||||
3 | (k) "Parole" means the conditional and revocable release
of | ||||||
4 | a committed person under the supervision of a parole officer.
| ||||||
5 | (l) "Prisoner Review Board" means the Board established in
| ||||||
6 | Section 3-3-1(a), independent of the Department, to review
| ||||||
7 | rules and regulations with respect to good time credits, to
| ||||||
8 | hear charges brought by the Department against certain | ||||||
9 | prisoners
alleged to have violated Department rules with | ||||||
10 | respect to good
time credits, to set release dates for certain | ||||||
11 | prisoners
sentenced under the law in effect prior to the | ||||||
12 | effective
date of this Amendatory Act of 1977, to hear requests | ||||||
13 | and
make recommendations to the Governor with respect to | ||||||
14 | pardon,
reprieve or commutation, to set conditions for parole | ||||||
15 | and
mandatory supervised release and determine whether | ||||||
16 | violations
of those conditions justify revocation of parole or | ||||||
17 | release,
and to assume all other functions previously exercised | ||||||
18 | by the
Illinois Parole and Pardon Board.
| ||||||
19 | (m) Whenever medical treatment, service, counseling, or
| ||||||
20 | care is referred to in this Unified Code of Corrections,
such | ||||||
21 | term may be construed by the Department or Court, within
its | ||||||
22 | discretion, to include treatment, service or counseling by
a | ||||||
23 | Christian Science practitioner or nursing care appropriate
| ||||||
24 | therewith whenever request therefor is made by a person subject
| ||||||
25 | to the provisions of this Act.
| ||||||
26 | (n) "Victim" shall have the meaning ascribed to it in |
| |||||||
| |||||||
1 | subsection (a) of
Section 3 of the Bill of Rights for Victims | ||||||
2 | and Witnesses of Violent Crime Act.
| ||||||
3 | (Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06 .)
| ||||||
4 | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| ||||||
5 | Sec. 3-3-4. Preparation for Parole Hearing.
| ||||||
6 | (a) The Prisoner Review Board shall consider the parole
of | ||||||
7 | each eligible person committed to the Adult Division at
least | ||||||
8 | 30 days prior to the date he shall first become
eligible for | ||||||
9 | parole, and shall consider the parole of each
person committed | ||||||
10 | to the Department of Juvenile Justice as a delinquent
at least | ||||||
11 | 30 days prior to the expiration of the first year
of | ||||||
12 | confinement.
| ||||||
13 | (b) A person eligible for parole shall, in advance of
his | ||||||
14 | parole hearing, prepare a parole plan in accordance
with the | ||||||
15 | rules of the Prisoner Review Board. The person
shall be | ||||||
16 | assisted in preparing his parole plan by personnel
of the | ||||||
17 | Department of Corrections, or the Department of Juvenile | ||||||
18 | Justice in the case of a person committed to that Department, | ||||||
19 | and may, for this purpose, be released
on furlough under | ||||||
20 | Article 11 or on authorized absence under
Section 3-9-4. The | ||||||
21 | appropriate Department shall also provide
assistance in | ||||||
22 | obtaining information and records helpful to
the individual for | ||||||
23 | his parole hearing.
| ||||||
24 | (c) The members of the Board shall have access at all
| ||||||
25 | reasonable times to any committed person and to his master
|
| |||||||
| |||||||
1 | record file within the Department, and the Department shall
| ||||||
2 | furnish such reports to the Board as the Board may require
| ||||||
3 | concerning the conduct and character of any such person.
| ||||||
4 | (d) In making its determination of parole, the Board
shall | ||||||
5 | consider:
| ||||||
6 | (1) material transmitted to the Department of Juvenile | ||||||
7 | Justice by the
clerk of the committing court under Section | ||||||
8 | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||||||
9 | 5-750 of the Juvenile
Court Act of 1987;
| ||||||
10 | (2) the report under Section 3-8-2 or 3-10-2;
| ||||||
11 | (3) a report by the Department and any report by the
| ||||||
12 | chief administrative officer of the institution or | ||||||
13 | facility;
| ||||||
14 | (4) a parole progress report;
| ||||||
15 | (5) a medical and psychological report, if requested
by | ||||||
16 | the Board;
| ||||||
17 | (6) material in writing, or on film, video tape or | ||||||
18 | other electronic
means in the form of a recording submitted | ||||||
19 | by the person whose parole
is being considered; and
| ||||||
20 | (7) material in writing, or on film, video tape or | ||||||
21 | other electronic
means in the form of a recording or | ||||||
22 | testimony submitted by the State's
Attorney and the victim | ||||||
23 | pursuant to the Rights of Crime Victims and Witnesses Act.
| ||||||
24 | (e) The prosecuting State's Attorney's office shall | ||||||
25 | receive reasonable
written notice not less than 15 days prior | ||||||
26 | to the parole hearing and may
submit relevant information in |
| |||||||
| |||||||
1 | writing, or on film, video tape or other
electronic means or in | ||||||
2 | the form of a recording to the Board for its
consideration. The | ||||||
3 | State's Attorney may waive the written notice.
| ||||||
4 | (f) The victim of the violent crime for which the prisoner | ||||||
5 | has been
sentenced shall receive notice of a parole hearing as | ||||||
6 | provided in paragraph
(4) of subsection (d) of Section 4.5 of | ||||||
7 | the Rights of Crime Victims and Witnesses
Act.
| ||||||
8 | (g) Any recording considered under the provisions of | ||||||
9 | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||||||
10 | the form designated by the Board.
Such recording shall be both | ||||||
11 | visual and aural. Every voice on the
recording and person | ||||||
12 | present shall be identified and the recording shall
contain | ||||||
13 | either a visual or aural statement of the person submitting | ||||||
14 | such
recording, the date of the recording and the name of the | ||||||
15 | person whose
parole eligibility is being considered. Such | ||||||
16 | recordings, if retained by
the Board shall be deemed to be | ||||||
17 | submitted at any subsequent parole hearing
if the victim or | ||||||
18 | State's Attorney submits in writing a declaration clearly
| ||||||
19 | identifying such recording as representing the present | ||||||
20 | position of the
victim or State's Attorney regarding the issues | ||||||
21 | to be considered at the parole
hearing.
| ||||||
22 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
23 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
24 | (Text of Section after amendment by P.A. 95-983 ) | ||||||
25 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
| |||||||
| |||||||
1 | Release.
| ||||||
2 | (a) The conditions of parole or mandatory
supervised | ||||||
3 | release shall be such as the Prisoner Review
Board deems | ||||||
4 | necessary to assist the subject in leading a
law-abiding life. | ||||||
5 | The conditions of every parole and mandatory
supervised release | ||||||
6 | are that the subject:
| ||||||
7 | (1) not violate any criminal statute of any | ||||||
8 | jurisdiction
during the parole or release term;
| ||||||
9 | (2) refrain from possessing a firearm or other | ||||||
10 | dangerous
weapon;
| ||||||
11 | (3) report to an agent of the Department of | ||||||
12 | Corrections;
| ||||||
13 | (4) permit the agent to visit him or her at his or her | ||||||
14 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
15 | the agent to discharge his or her duties;
| ||||||
16 | (5) attend or reside in a facility established for the | ||||||
17 | instruction or
residence
of persons on
parole or mandatory | ||||||
18 | supervised release;
| ||||||
19 | (6) secure permission before visiting or writing a | ||||||
20 | committed person in an
Illinois Department
of Corrections | ||||||
21 | facility;
| ||||||
22 | (7) report all arrests to an agent of the Department of | ||||||
23 | Corrections as
soon as
permitted by the
arresting authority | ||||||
24 | but in no event later than 24 hours after release from
| ||||||
25 | custody;
| ||||||
26 | (7.5) if convicted of a sex offense as defined in the |
| |||||||
| |||||||
1 | Sex Offender
Management Board Act, the individual shall | ||||||
2 | undergo and successfully complete
sex offender treatment | ||||||
3 | conducted in conformance with the standards developed by
| ||||||
4 | the Sex
Offender Management Board Act by a treatment | ||||||
5 | provider approved by the Board;
| ||||||
6 | (7.6) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender
Management Board Act, refrain from residing at | ||||||
8 | the same address or in the same condominium unit or | ||||||
9 | apartment unit or in the same condominium complex or | ||||||
10 | apartment complex with another person he or she knows or | ||||||
11 | reasonably should know is a convicted sex offender or has | ||||||
12 | been placed on supervision for a sex offense; the | ||||||
13 | provisions of this paragraph do not apply to a person | ||||||
14 | convicted of a sex offense who is placed in a Department of | ||||||
15 | Corrections licensed transitional housing facility for sex | ||||||
16 | offenders, or is in any facility operated or licensed by | ||||||
17 | the Department of Children and Family Services or by the | ||||||
18 | Department of Human Services, or is in any licensed medical | ||||||
19 | facility;
| ||||||
20 | (7.7) (blank) if convicted for an offense that would | ||||||
21 | qualify the accused as a sexual predator under the Sex | ||||||
22 | Offender Registration Act on or after the effective date of | ||||||
23 | this amendatory Act of the 94th General Assembly, wear an | ||||||
24 | approved electronic monitoring device as defined in | ||||||
25 | Section 5-8A-2 for the duration of the person's parole, | ||||||
26 | mandatory supervised release term, or extended mandatory |
| |||||||
| |||||||
1 | supervised release term ;
| ||||||
2 | (7.8) if convicted for an offense committed on or after | ||||||
3 | the effective date of this amendatory Act of the 95th | ||||||
4 | General Assembly that would qualify the accused as a child | ||||||
5 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
6 | Criminal Code of 1961, refrain from communicating with or | ||||||
7 | contacting, by means of the Internet, a person who is not | ||||||
8 | related to the accused and whom the accused reasonably | ||||||
9 | believes to be under 18 years of age; for purposes of this | ||||||
10 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
11 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
12 | is not related to the accused if the person is not: (i) the | ||||||
13 | spouse, brother, or sister of the accused; (ii) a | ||||||
14 | descendant of the accused; (iii) a first or second cousin | ||||||
15 | of the accused; or (iv) a step-child or adopted child of | ||||||
16 | the accused;
| ||||||
17 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
18 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
19 | search of computers, PDAs, cellular phones, and other | ||||||
20 | devices under his or her control that are capable of | ||||||
21 | accessing the Internet or storing electronic files, in | ||||||
22 | order to confirm Internet protocol addresses reported in | ||||||
23 | accordance with the Sex Offender Registration Act and | ||||||
24 | compliance with conditions in this Act;
| ||||||
25 | (7.10)
if convicted for an offense that would qualify | ||||||
26 | the accused as a sex offender or sexual predator under the |
| |||||||
| |||||||
1 | Sex Offender Registration Act on or after the effective | ||||||
2 | date of this amendatory Act of the 95th General Assembly, | ||||||
3 | not possess prescription drugs for erectile dysfunction;
| ||||||
4 | (7.11) if convicted for an offense under Section 11-6, | ||||||
5 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
6 | Code of 1961, or any attempt to commit any of these | ||||||
7 | offenses, committed on or after June 1, 2009 ( the effective | ||||||
8 | date of Public Act 95-983)
this amendatory Act of the 95th | ||||||
9 | General Assembly : | ||||||
10 | (i) not access or use a computer or any other | ||||||
11 | device with Internet capability without the prior | ||||||
12 | written approval of the Department; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's supervising | ||||||
16 | agent, a law enforcement officer, or assigned computer | ||||||
17 | or information technology specialist, including the | ||||||
18 | retrieval and copying of all data from the computer or | ||||||
19 | device and any internal or external peripherals and | ||||||
20 | removal of such information, equipment, or device to | ||||||
21 | conduct a more thorough inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or software | ||||||
25 | systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
| |||||||
| |||||||
1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the Board, the Department or the offender's | ||||||
4 | supervising agent; | ||||||
5 | (8) obtain permission of an agent of the Department of | ||||||
6 | Corrections before
leaving the
State of Illinois;
| ||||||
7 | (9) obtain permission of an agent of the Department of | ||||||
8 | Corrections before
changing
his or her residence or | ||||||
9 | employment;
| ||||||
10 | (10) consent to a search of his or her person, | ||||||
11 | property, or residence
under his or her
control;
| ||||||
12 | (11) refrain from the use or possession of narcotics or | ||||||
13 | other controlled
substances in
any form, or both, or any | ||||||
14 | paraphernalia related to those substances and submit
to a
| ||||||
15 | urinalysis test as instructed by a parole agent of the | ||||||
16 | Department of
Corrections;
| ||||||
17 | (12) not frequent places where controlled substances | ||||||
18 | are illegally sold,
used,
distributed, or administered;
| ||||||
19 | (13) not knowingly associate with other persons on | ||||||
20 | parole or mandatory
supervised
release without prior | ||||||
21 | written permission of his or her parole agent and not
| ||||||
22 | associate with
persons who are members of an organized gang | ||||||
23 | as that term is defined in the
Illinois
Streetgang | ||||||
24 | Terrorism Omnibus Prevention Act;
| ||||||
25 | (14) provide true and accurate information, as it | ||||||
26 | relates to his or her
adjustment in the
community while on |
| |||||||
| |||||||
1 | parole or mandatory supervised release or to his or her
| ||||||
2 | conduct
while incarcerated, in response to inquiries by his | ||||||
3 | or her parole agent or of
the
Department of Corrections;
| ||||||
4 | (15) follow any specific instructions provided by the | ||||||
5 | parole agent that
are consistent
with furthering | ||||||
6 | conditions set and approved by the Prisoner Review Board or | ||||||
7 | by
law,
exclusive of placement on electronic detention, to | ||||||
8 | achieve the goals and
objectives of his
or her parole or | ||||||
9 | mandatory supervised release or to protect the public. | ||||||
10 | These
instructions by the parole agent may be modified at | ||||||
11 | any time, as the agent
deems
appropriate;
| ||||||
12 | (16) if convicted of a sex offense as defined in | ||||||
13 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
14 | offender is a parent or guardian of the person under 18 | ||||||
15 | years of age present in the home and no non-familial minors | ||||||
16 | are present, not participate in a holiday event involving | ||||||
17 | children under 18 years of age, such as distributing candy | ||||||
18 | or other items to children on Halloween, wearing a Santa | ||||||
19 | Claus costume on or preceding Christmas, being employed as | ||||||
20 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
21 | costume on or preceding Easter; and | ||||||
22 | (17) (blank) if convicted of a violation of an order of | ||||||
23 | protection under Section 12-30 of the Criminal Code of | ||||||
24 | 1961, be placed under electronic surveillance as provided | ||||||
25 | in Section 5-8A-7 of this Code . | ||||||
26 | (b) The Board may in addition to other conditions
require |
| |||||||
| |||||||
1 | that the subject:
| ||||||
2 | (1) work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (2) undergo medical or psychiatric treatment, or | ||||||
5 | treatment
for drug addiction or alcoholism;
| ||||||
6 | (3) attend or reside in a facility established for the
| ||||||
7 | instruction or residence of persons on probation or parole;
| ||||||
8 | (4) support his dependents;
| ||||||
9 | (5) (blank);
| ||||||
10 | (6) (blank);
| ||||||
11 | (7) comply with the terms and conditions of an order of | ||||||
12 | protection
issued pursuant to the Illinois Domestic | ||||||
13 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
14 | or an order of protection issued by the court of another
| ||||||
15 | state, tribe, or United States territory;
| ||||||
16 | (7.5) if convicted for an offense committed on or after | ||||||
17 | the effective date of this amendatory Act of the 95th | ||||||
18 | General Assembly that would qualify the accused as a child | ||||||
19 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
20 | Criminal Code of 1961, refrain from communicating with or | ||||||
21 | contacting, by means of the Internet, a person who is | ||||||
22 | related to the accused and whom the accused reasonably | ||||||
23 | believes to be under 18 years of age; for purposes of this | ||||||
24 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
25 | in Section 16J-5 of the Criminal Code of 1961; and a person | ||||||
26 | is related to the accused if the person is: (i) the spouse, |
| |||||||
| |||||||
1 | brother, or sister of the accused; (ii) a descendant of the | ||||||
2 | accused; (iii) a first or second cousin of the accused; or | ||||||
3 | (iv) a step-child or adopted child of the accused; | ||||||
4 | (7.6) if convicted for an offense committed on or after | ||||||
5 | June 1, 2009 ( the effective date of Public Act 95-983)
this | ||||||
6 | amendatory Act of the 95th General Assembly that would | ||||||
7 | qualify as a sex offense as defined in the Sex Offender | ||||||
8 | Registration Act: | ||||||
9 | (i) not access or use a computer or any other | ||||||
10 | device with Internet capability without the prior | ||||||
11 | written approval of the Department; | ||||||
12 | (ii) submit to periodic unannounced examinations | ||||||
13 | of the offender's computer or any other device with | ||||||
14 | Internet capability by the offender's supervising | ||||||
15 | agent, a law enforcement officer, or assigned computer | ||||||
16 | or information technology specialist, including the | ||||||
17 | retrieval and copying of all data from the computer or | ||||||
18 | device and any internal or external peripherals and | ||||||
19 | removal of such information, equipment, or device to | ||||||
20 | conduct a more thorough inspection; | ||||||
21 | (iii) submit to the installation on the offender's | ||||||
22 | computer or device with Internet capability, at the | ||||||
23 | offender's expense, of one or more hardware or software | ||||||
24 | systems to monitor the Internet use; and | ||||||
25 | (iv) submit to any other appropriate restrictions | ||||||
26 | concerning the offender's use of or access to a |
| |||||||
| |||||||
1 | computer or any other device with Internet capability | ||||||
2 | imposed by the Board, the Department or the offender's | ||||||
3 | supervising agent; and
| ||||||
4 | (8) in addition, if a minor:
| ||||||
5 | (i) reside with his parents or in a foster home;
| ||||||
6 | (ii) attend school;
| ||||||
7 | (iii) attend a non-residential program for youth; | ||||||
8 | or
| ||||||
9 | (iv) contribute to his own support at home or in a | ||||||
10 | foster
home.
| ||||||
11 | (b-1) In addition to the conditions set forth in | ||||||
12 | subsections (a) and (b), persons required to register as sex | ||||||
13 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
14 | release from the custody of the Illinois Department of | ||||||
15 | Corrections, may be required by the Board to comply with the | ||||||
16 | following specific conditions of release: | ||||||
17 | (1) reside only at a Department approved location; | ||||||
18 | (2) comply with all requirements of the Sex Offender | ||||||
19 | Registration Act;
| ||||||
20 | (3) notify
third parties of the risks that may be | ||||||
21 | occasioned by his or her criminal record; | ||||||
22 | (4) obtain the approval of an agent of the Department | ||||||
23 | of Corrections prior to accepting employment or pursuing a | ||||||
24 | course of study or vocational training and notify the | ||||||
25 | Department prior to any change in employment, study, or | ||||||
26 | training; |
| |||||||
| |||||||
1 | (5) not be employed or participate in any
volunteer | ||||||
2 | activity that involves contact with children, except under | ||||||
3 | circumstances approved in advance and in writing by an | ||||||
4 | agent of the Department of Corrections; | ||||||
5 | (6) be electronically monitored for a minimum of 12 | ||||||
6 | months from the date of release as determined by the Board;
| ||||||
7 | (7) refrain from entering into a designated
geographic | ||||||
8 | area except upon terms approved in advance by an agent of | ||||||
9 | the Department of Corrections. The terms may include | ||||||
10 | consideration of the purpose of the entry, the time of day, | ||||||
11 | and others accompanying the person; | ||||||
12 | (8) refrain from having any contact, including
written | ||||||
13 | or oral communications, directly or indirectly, personally | ||||||
14 | or by telephone, letter, or through a third party with | ||||||
15 | certain specified persons including, but not limited to, | ||||||
16 | the victim or the victim's family without the prior written | ||||||
17 | approval of an agent of the Department of Corrections; | ||||||
18 | (9) refrain from all contact, directly or
indirectly, | ||||||
19 | personally, by telephone, letter, or through a third party, | ||||||
20 | with minor children without prior identification and | ||||||
21 | approval of an agent of the Department of Corrections; | ||||||
22 | (10) neither possess or have under his or her
control | ||||||
23 | any material that is sexually oriented, sexually | ||||||
24 | stimulating, or that shows male or female sex organs or any | ||||||
25 | pictures depicting children under 18 years of age nude or | ||||||
26 | any written or audio material describing sexual |
| |||||||
| |||||||
1 | intercourse or that depicts or alludes to sexual activity, | ||||||
2 | including but not limited to visual, auditory, telephonic, | ||||||
3 | or electronic media, or any matter obtained through access | ||||||
4 | to any computer or material linked to computer access use; | ||||||
5 | (11) not patronize any business providing
sexually | ||||||
6 | stimulating or sexually oriented entertainment nor utilize | ||||||
7 | "900" or adult telephone numbers; | ||||||
8 | (12) not reside near, visit, or be in or about
parks, | ||||||
9 | schools, day care centers, swimming pools, beaches, | ||||||
10 | theaters, or any other places where minor children | ||||||
11 | congregate without advance approval of an agent of the | ||||||
12 | Department of Corrections and immediately report any | ||||||
13 | incidental contact with minor children to the Department; | ||||||
14 | (13) not possess or have under his or her control
| ||||||
15 | certain specified items of contraband related to the | ||||||
16 | incidence of sexually offending as determined by an agent | ||||||
17 | of the Department of Corrections; | ||||||
18 | (14) may be required to provide a written daily log of | ||||||
19 | activities
if directed by an agent of the Department of | ||||||
20 | Corrections; | ||||||
21 | (15) comply with all other special conditions
that the | ||||||
22 | Department may impose that restrict the person from | ||||||
23 | high-risk situations and limit access to potential | ||||||
24 | victims; | ||||||
25 | (16) take an annual polygraph exam; | ||||||
26 | (17) maintain a log of his or her travel; or |
| |||||||
| |||||||
1 | (18) obtain prior approval of his or her parole officer | ||||||
2 | before driving alone in a motor vehicle.
| ||||||
3 | (c) The conditions under which the parole or mandatory
| ||||||
4 | supervised release is to be served shall be communicated to
the | ||||||
5 | person in writing prior to his release, and he shall
sign the | ||||||
6 | same before release. A signed copy of these conditions,
| ||||||
7 | including a copy of an order of protection where one had been | ||||||
8 | issued by the
criminal court, shall be retained by the person | ||||||
9 | and another copy forwarded to
the officer in charge of his | ||||||
10 | supervision.
| ||||||
11 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
12 | Review Board may modify or enlarge the conditions of parole
or | ||||||
13 | mandatory supervised release.
| ||||||
14 | (e) The Department shall inform all offenders committed to
| ||||||
15 | the Department of the optional services available to them
upon | ||||||
16 | release and shall assist inmates in availing themselves
of such | ||||||
17 | optional services upon their release on a voluntary
basis. | ||||||
18 | (f) When the subject is in compliance with all conditions | ||||||
19 | of his or her parole or mandatory supervised release, the | ||||||
20 | subject shall receive a reduction of the period of his or her | ||||||
21 | parole or mandatory supervised release of 90 days upon passage | ||||||
22 | of the high school level Test of General Educational | ||||||
23 | Development during the period of his or her parole or mandatory | ||||||
24 | supervised release. This reduction in the period of a subject's | ||||||
25 | term of parole or mandatory supervised release shall be | ||||||
26 | available only to subjects who have not previously earned a |
| |||||||
| |||||||
1 | high school diploma or who have not previously passed the high | ||||||
2 | school level Test of General Educational Development.
| ||||||
3 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
4 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
5 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; | ||||||
6 | 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
| ||||||
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 prescribe | ||||||
10 | rules
and regulations for the early release on account of | ||||||
11 | good
conduct of persons committed to the Department which | ||||||
12 | shall
be subject to review by the Prisoner Review Board.
| ||||||
13 | (2) The rules and regulations on early release shall | ||||||
14 | provide, with
respect to offenses listed in clause (i), | ||||||
15 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
16 | June 19, 1998 or with respect to the offense listed in | ||||||
17 | clause (iv) of this paragraph (2) committed on or after | ||||||
18 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
19 | with
respect to offense listed in clause (vi)
committed on | ||||||
20 | or after June 1, 2008 (the effective date of Public Act | ||||||
21 | 95-625)
or with respect to the offense of being an armed | ||||||
22 | habitual criminal committed on or after August 2, 2005 (the | ||||||
23 | effective date of Public Act 94-398) or with respect to the | ||||||
24 | offenses listed in clause (v) of this paragraph (2) | ||||||
25 | committed on or after August 13, 2007 (the effective date |
| |||||||
| |||||||
1 | of Public Act 95-134), the following:
| ||||||
2 | (i) that a prisoner who is serving a term of | ||||||
3 | imprisonment for first
degree murder or for the offense | ||||||
4 | of terrorism shall receive no good conduct
credit and | ||||||
5 | shall serve the entire
sentence imposed by the court;
| ||||||
6 | (ii) that a prisoner serving a sentence for attempt | ||||||
7 | to commit first
degree murder, solicitation of murder, | ||||||
8 | solicitation of murder for hire,
intentional homicide | ||||||
9 | of an unborn child, predatory criminal sexual assault | ||||||
10 | of a
child, aggravated criminal sexual assault, | ||||||
11 | criminal sexual assault, aggravated
kidnapping, | ||||||
12 | aggravated battery with a firearm, heinous battery, | ||||||
13 | being an armed habitual criminal, aggravated
battery | ||||||
14 | of a senior citizen, or aggravated battery of a child | ||||||
15 | shall receive no
more than 4.5 days of good conduct | ||||||
16 | credit for each month of his or her sentence
of | ||||||
17 | imprisonment;
| ||||||
18 | (iii) that a prisoner serving a sentence
for home | ||||||
19 | invasion, armed robbery, aggravated vehicular | ||||||
20 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
21 | violence with a category I weapon
or category II | ||||||
22 | weapon, when the court
has made and entered a finding, | ||||||
23 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
24 | Code, that the conduct leading to conviction for the | ||||||
25 | enumerated offense
resulted in great bodily harm to a | ||||||
26 | victim, shall receive no more than 4.5 days
of good |
| |||||||
| |||||||
1 | conduct credit for each month of his or her sentence of | ||||||
2 | imprisonment;
| ||||||
3 | (iv) that a prisoner serving a sentence for | ||||||
4 | aggravated discharge of a firearm, whether or not the | ||||||
5 | conduct leading to conviction for the offense resulted | ||||||
6 | in great bodily harm to the victim, shall receive no | ||||||
7 | more than 4.5 days of good conduct credit for each | ||||||
8 | month of his or her sentence of imprisonment;
| ||||||
9 | (v) that a person serving a sentence for | ||||||
10 | gunrunning, narcotics racketeering, controlled | ||||||
11 | substance trafficking, methamphetamine trafficking, | ||||||
12 | drug-induced homicide, aggravated | ||||||
13 | methamphetamine-related child endangerment, money | ||||||
14 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
15 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
16 | conviction for delivery of a controlled substance, | ||||||
17 | possession of a controlled substance with intent to | ||||||
18 | manufacture or deliver, calculated criminal drug | ||||||
19 | conspiracy, criminal drug conspiracy, street gang | ||||||
20 | criminal drug conspiracy, participation in | ||||||
21 | methamphetamine manufacturing, aggravated | ||||||
22 | participation in methamphetamine manufacturing, | ||||||
23 | delivery of methamphetamine, possession with intent to | ||||||
24 | deliver methamphetamine, aggravated delivery of | ||||||
25 | methamphetamine, aggravated possession with intent to | ||||||
26 | deliver methamphetamine, methamphetamine conspiracy |
| |||||||
| |||||||
1 | when the substance containing the controlled substance | ||||||
2 | or methamphetamine is 100 grams or more shall receive | ||||||
3 | no more than 7.5 days good conduct credit for each | ||||||
4 | month of his or her sentence of imprisonment; and
| ||||||
5 | (vi)
that a prisoner serving a sentence for a | ||||||
6 | second or subsequent offense of luring a minor shall | ||||||
7 | receive no more than 4.5 days of good conduct credit | ||||||
8 | for each month of his or her sentence of imprisonment.
| ||||||
9 | (2.1) For all offenses, other than those enumerated in | ||||||
10 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
11 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
12 | after June 23, 2005 (the effective date of Public Act | ||||||
13 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
14 | August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
15 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
16 | 2008 (the effective date of Public Act 95-625), and other | ||||||
17 | than the offense of reckless
homicide as defined in | ||||||
18 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
19 | committed on or after January 1, 1999,
or aggravated | ||||||
20 | driving under the influence of alcohol, other drug or | ||||||
21 | drugs, or
intoxicating compound or compounds, or any | ||||||
22 | combination thereof as defined in
subparagraph (F) of | ||||||
23 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
24 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
25 | provide that a prisoner who is serving a term of
| ||||||
26 | imprisonment shall receive one day of good conduct credit |
| |||||||
| |||||||
1 | for each day of
his or her sentence of imprisonment or | ||||||
2 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
3 | credit shall reduce by one day the prisoner's period
of | ||||||
4 | imprisonment or recommitment under Section 3-3-9.
| ||||||
5 | (2.2) A prisoner serving a term of natural life | ||||||
6 | imprisonment or a
prisoner who has been sentenced to death | ||||||
7 | shall receive no good conduct
credit.
| ||||||
8 | (2.3) The rules and regulations on early release shall | ||||||
9 | provide that
a prisoner who is serving a sentence for | ||||||
10 | reckless homicide as defined in
subsection (e) of Section | ||||||
11 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
12 | January 1, 1999, or aggravated driving under the influence | ||||||
13 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
14 | or compounds, or any combination
thereof as defined in | ||||||
15 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
16 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
17 | no more than 4.5
days of good conduct credit for each month | ||||||
18 | of his or her sentence of
imprisonment.
| ||||||
19 | (2.4) The rules and regulations on early release shall | ||||||
20 | provide with
respect to the offenses of aggravated battery | ||||||
21 | with a machine gun or a firearm
equipped with any device or | ||||||
22 | attachment designed or used for silencing the
report of a | ||||||
23 | firearm or aggravated discharge of a machine gun or a | ||||||
24 | firearm
equipped with any device or attachment designed or | ||||||
25 | used for silencing the
report of a firearm, committed on or | ||||||
26 | after
July 15, 1999 (the effective date of Public Act |
| |||||||
| |||||||
1 | 91-121),
that a prisoner serving a sentence for any of | ||||||
2 | these offenses shall receive no
more than 4.5 days of good | ||||||
3 | conduct credit for each month of his or her sentence
of | ||||||
4 | imprisonment.
| ||||||
5 | (2.5) The rules and regulations on early release shall | ||||||
6 | provide that a
prisoner who is serving a sentence for | ||||||
7 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
8 | effective date of Public Act 92-176) shall receive no more | ||||||
9 | than
4.5 days of good conduct credit for each month of his | ||||||
10 | or her sentence of
imprisonment.
| ||||||
11 | (3) The rules and regulations shall also provide that
| ||||||
12 | the Director may award up to 180 days additional good | ||||||
13 | conduct
credit for meritorious service in specific | ||||||
14 | instances as the
Director deems proper; except that no more | ||||||
15 | than 90 days
of good conduct credit for meritorious service
| ||||||
16 | shall be awarded to any prisoner who is serving a sentence | ||||||
17 | for
conviction of first degree murder, reckless homicide | ||||||
18 | while under the
influence of alcohol or any other drug,
or | ||||||
19 | aggravated driving under the influence of alcohol, other | ||||||
20 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
21 | any combination thereof as defined in
subparagraph (F) of | ||||||
22 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
23 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
24 | predatory criminal sexual assault of a child,
aggravated | ||||||
25 | criminal sexual assault, criminal sexual assault, deviate | ||||||
26 | sexual
assault, aggravated criminal sexual abuse, |
| |||||||
| |||||||
1 | aggravated indecent liberties
with a child, indecent | ||||||
2 | liberties with a child, child pornography, heinous
| ||||||
3 | battery, aggravated battery of a spouse, aggravated | ||||||
4 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
5 | stalking, aggravated battery of a child,
endangering the | ||||||
6 | life or health of a child, or cruelty to a child. | ||||||
7 | Notwithstanding the foregoing, good conduct credit for
| ||||||
8 | meritorious service shall not be awarded on a
sentence of | ||||||
9 | imprisonment imposed for conviction of: (i) one of the | ||||||
10 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
11 | (iii) when the offense is committed on or after
June 19, | ||||||
12 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
13 | committed on or after June 23, 2005 (the effective date of | ||||||
14 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
15 | is committed on or after August 13, 2007 (the effective | ||||||
16 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
17 | the offense is committed on or after June 1, 2008 (the | ||||||
18 | effective date of Public Act 95-625), (ii) reckless | ||||||
19 | homicide as
defined in subsection (e) of Section 9-3 of the | ||||||
20 | Criminal Code of 1961 when
the offense is committed on or | ||||||
21 | after January 1, 1999,
or aggravated driving under the | ||||||
22 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
23 | compound or compounds, or any combination thereof as | ||||||
24 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
25 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
26 | one of the offenses enumerated in subdivision
(a)(2.4) when |
| |||||||
| |||||||
1 | the offense is committed on or after
July 15, 1999 (the | ||||||
2 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
3 | arson when the offense is committed
on or after July 27, | ||||||
4 | 2001 (the effective date of Public Act 92-176).
| ||||||
5 | (4) The rules and regulations shall also provide that | ||||||
6 | the good conduct
credit accumulated and retained under | ||||||
7 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
8 | inmate during specific periods of time in which such
inmate | ||||||
9 | is engaged full-time in substance abuse programs, | ||||||
10 | correctional
industry assignments, or educational programs | ||||||
11 | provided by the Department
under this paragraph (4) and | ||||||
12 | satisfactorily completes the assigned program as
| ||||||
13 | determined by the standards of the Department, shall be | ||||||
14 | multiplied by a factor
of 1.25 for program participation | ||||||
15 | before August 11, 1993
and 1.50 for program participation | ||||||
16 | on or after that date.
However, no inmate shall be eligible | ||||||
17 | for the additional good conduct credit
under this paragraph | ||||||
18 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
19 | boot camp
or electronic detention , or if convicted of an | ||||||
20 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
21 | (iii) of this Section that is committed on or after June | ||||||
22 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
23 | committed on or after June 23, 2005 (the effective date of | ||||||
24 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
25 | that is committed on or after August 13, 2007 (the | ||||||
26 | effective date of Public Act 95-134)
or subdivision |
| |||||||
| |||||||
1 | (a)(2)(vi) when the offense is committed on or after June | ||||||
2 | 1, 2008 (the effective date of Public Act 95-625), or if | ||||||
3 | convicted of reckless homicide as defined in subsection (e) | ||||||
4 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
5 | is committed on or
after January 1, 1999,
or aggravated | ||||||
6 | driving under the influence of alcohol, other drug or | ||||||
7 | drugs, or
intoxicating compound or compounds, or any | ||||||
8 | combination thereof as defined in
subparagraph (F) of | ||||||
9 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
10 | Illinois Vehicle Code, or if convicted of an offense | ||||||
11 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
12 | committed on or after
July 15, 1999 (the effective date of | ||||||
13 | Public Act 91-121),
or first degree murder, a Class X | ||||||
14 | felony, criminal sexual
assault, felony criminal sexual | ||||||
15 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
16 | battery with a firearm, or any predecessor or successor | ||||||
17 | offenses
with the same or substantially the same elements, | ||||||
18 | or any inchoate offenses
relating to the foregoing | ||||||
19 | offenses. No inmate shall be eligible for the
additional | ||||||
20 | good conduct credit under this paragraph (4) who (i) has | ||||||
21 | previously
received increased good conduct credit under | ||||||
22 | this paragraph (4) and has
subsequently been convicted of a
| ||||||
23 | felony, or (ii) has previously served more than one prior | ||||||
24 | sentence of
imprisonment for a felony in an adult | ||||||
25 | correctional facility.
| ||||||
26 | Educational, vocational, substance abuse and |
| |||||||
| |||||||
1 | correctional
industry programs under which good conduct | ||||||
2 | credit may be increased under
this paragraph (4) and | ||||||
3 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
4 | by the Department on the basis of
documented standards. The | ||||||
5 | Department shall report the results of these
evaluations to | ||||||
6 | the Governor and the General Assembly by September 30th of | ||||||
7 | each
year. The reports shall include data relating to the | ||||||
8 | recidivism rate among
program participants.
| ||||||
9 | Availability of these programs shall be subject to the
| ||||||
10 | limits of fiscal resources appropriated by the General | ||||||
11 | Assembly for these
purposes. Eligible inmates who are | ||||||
12 | denied immediate admission shall be
placed on a waiting | ||||||
13 | list under criteria established by the Department.
The | ||||||
14 | inability of any inmate to become engaged in any such | ||||||
15 | programs
by reason of insufficient program resources or for | ||||||
16 | any other reason
established under the rules and | ||||||
17 | regulations of the Department shall not be
deemed a cause | ||||||
18 | of action under which the Department or any employee or
| ||||||
19 | agent of the Department shall be liable for damages to the | ||||||
20 | inmate.
| ||||||
21 | (4.1) The rules and regulations shall also provide that | ||||||
22 | an additional 60 days of good conduct credit shall be | ||||||
23 | awarded to any prisoner who passes the high school level | ||||||
24 | Test of General Educational Development (GED) while the | ||||||
25 | prisoner is incarcerated. The good conduct credit awarded | ||||||
26 | under this paragraph (4.1) shall be in addition to, and |
| |||||||
| |||||||
1 | shall not affect, the award of good conduct under any other | ||||||
2 | paragraph of this Section, but shall also be pursuant to | ||||||
3 | the guidelines and restrictions set forth in paragraph (4) | ||||||
4 | of subsection (a) of this Section.
The good conduct credit | ||||||
5 | provided for in this paragraph shall be available only to | ||||||
6 | those prisoners who have not previously earned a high | ||||||
7 | school diploma or a GED. If, after an award of the GED good | ||||||
8 | conduct credit has been made and the Department determines | ||||||
9 | that the prisoner was not eligible, then the award shall be | ||||||
10 | revoked.
| ||||||
11 | (4.5) The rules and regulations on early release shall | ||||||
12 | also provide that
when the court's sentencing order | ||||||
13 | recommends a prisoner for substance abuse treatment and the
| ||||||
14 | crime was committed on or after September 1, 2003 (the | ||||||
15 | effective date of
Public Act 93-354), the prisoner shall | ||||||
16 | receive no good conduct credit awarded under clause (3) of | ||||||
17 | this subsection (a) unless he or she participates in and
| ||||||
18 | completes a substance abuse treatment program. The | ||||||
19 | Director may waive the requirement to participate in or | ||||||
20 | complete a substance abuse treatment program and award the | ||||||
21 | good conduct credit in specific instances if the prisoner | ||||||
22 | is not a good candidate for a substance abuse treatment | ||||||
23 | program for medical, programming, or operational reasons. | ||||||
24 | Availability of
substance abuse treatment shall be subject | ||||||
25 | to the limits of fiscal resources
appropriated by the | ||||||
26 | General Assembly for these purposes. If treatment is not
|
| |||||||
| |||||||
1 | available and the requirement to participate and complete | ||||||
2 | the treatment has not been waived by the Director, the | ||||||
3 | prisoner shall be placed on a waiting list under criteria
| ||||||
4 | established by the Department. The Director may allow a | ||||||
5 | prisoner placed on
a waiting list to participate in and | ||||||
6 | complete a substance abuse education class or attend | ||||||
7 | substance
abuse self-help meetings in lieu of a substance | ||||||
8 | abuse treatment program. A prisoner on a waiting list who | ||||||
9 | is not placed in a substance abuse program prior to release | ||||||
10 | may be eligible for a waiver and receive good conduct | ||||||
11 | credit under clause (3) of this subsection (a) at the | ||||||
12 | discretion of the Director.
| ||||||
13 | (4.6) The rules and regulations on early release shall | ||||||
14 | also provide that a prisoner who has been convicted of a | ||||||
15 | sex offense as defined in Section 2 of the Sex Offender | ||||||
16 | Registration Act shall receive no good conduct credit | ||||||
17 | unless he or she either has successfully completed or is | ||||||
18 | participating in sex offender treatment as defined by the | ||||||
19 | Sex Offender Management Board. However, prisoners who are | ||||||
20 | waiting to receive such treatment, but who are unable to do | ||||||
21 | so due solely to the lack of resources on the part of the | ||||||
22 | Department, may, at the Director's sole discretion, be | ||||||
23 | awarded good conduct credit at such rate as the Director | ||||||
24 | shall determine.
| ||||||
25 | (5) Whenever the Department is to release any inmate | ||||||
26 | earlier than it
otherwise would because of a grant of good |
| |||||||
| |||||||
1 | conduct credit for meritorious
service given at any time | ||||||
2 | during the term, the Department shall give
reasonable | ||||||
3 | advance notice of the impending release to the State's
| ||||||
4 | Attorney of the county where the prosecution of the inmate | ||||||
5 | took place.
| ||||||
6 | (b) Whenever a person is or has been committed under
| ||||||
7 | several convictions, with separate sentences, the sentences
| ||||||
8 | shall be construed under Section 5-8-4 in granting and
| ||||||
9 | forfeiting of good time.
| ||||||
10 | (c) The Department shall prescribe rules and regulations
| ||||||
11 | for revoking good conduct credit, or suspending or reducing
the | ||||||
12 | rate of accumulation of good conduct credit for specific
rule | ||||||
13 | violations, during imprisonment. These rules and regulations
| ||||||
14 | shall provide that no inmate may be penalized more than one
| ||||||
15 | year of good conduct credit for any one infraction.
| ||||||
16 | When the Department seeks to revoke, suspend or reduce
the | ||||||
17 | rate of accumulation of any good conduct credits for
an alleged | ||||||
18 | infraction of its rules, it shall bring charges
therefor | ||||||
19 | against the prisoner sought to be so deprived of
good conduct | ||||||
20 | credits before the Prisoner Review Board as
provided in | ||||||
21 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
22 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
23 | month period, the cumulative amount of
credit revoked exceeds | ||||||
24 | 30 days except where the infraction is committed
or discovered | ||||||
25 | within 60 days of scheduled release. In those cases,
the | ||||||
26 | Department of Corrections may revoke up to 30 days of good |
| |||||||
| |||||||
1 | conduct credit.
The Board may subsequently approve the | ||||||
2 | revocation of additional good
conduct credit, if the Department | ||||||
3 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
4 | However, the Board shall not be empowered to review the
| ||||||
5 | Department's decision with respect to the loss of 30 days of | ||||||
6 | good conduct
credit within any calendar year for any prisoner | ||||||
7 | or to increase any penalty
beyond the length requested by the | ||||||
8 | Department.
| ||||||
9 | The Director of the Department of Corrections, in | ||||||
10 | appropriate cases, may
restore up to 30 days good conduct | ||||||
11 | credits which have been revoked, suspended
or reduced. Any | ||||||
12 | restoration of good conduct credits in excess of 30 days shall
| ||||||
13 | be subject to review by the Prisoner Review Board. However, the | ||||||
14 | Board may not
restore good conduct credit in excess of the | ||||||
15 | amount requested by the Director.
| ||||||
16 | Nothing contained in this Section shall prohibit the | ||||||
17 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
18 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
19 | sentence imposed by the court that was not served due to the
| ||||||
20 | accumulation of good conduct credit.
| ||||||
21 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
22 | federal court
against the State, the Department of Corrections, | ||||||
23 | or the Prisoner Review Board,
or against any of
their officers | ||||||
24 | or employees, and the court makes a specific finding that a
| ||||||
25 | pleading, motion, or other paper filed by the prisoner is | ||||||
26 | frivolous, the
Department of Corrections shall conduct a |
| |||||||
| |||||||
1 | hearing to revoke up to
180 days of good conduct credit by | ||||||
2 | bringing charges against the prisoner
sought to be deprived of | ||||||
3 | the good conduct credits before the Prisoner Review
Board as | ||||||
4 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
5 | If the prisoner has not accumulated 180 days of good conduct | ||||||
6 | credit at the
time of the finding, then the Prisoner Review | ||||||
7 | Board may revoke all
good conduct credit accumulated by the | ||||||
8 | prisoner.
| ||||||
9 | For purposes of this subsection (d):
| ||||||
10 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
11 | filing which
purports to be a legal document filed by a | ||||||
12 | prisoner in his or her lawsuit meets
any or all of the | ||||||
13 | following criteria:
| ||||||
14 | (A) it lacks an arguable basis either in law or in | ||||||
15 | fact;
| ||||||
16 | (B) it is being presented for any improper purpose, | ||||||
17 | such as to harass or
to cause unnecessary delay or | ||||||
18 | needless increase in the cost of litigation;
| ||||||
19 | (C) the claims, defenses, and other legal | ||||||
20 | contentions therein are not
warranted by existing law | ||||||
21 | or by a nonfrivolous argument for the extension,
| ||||||
22 | modification, or reversal of existing law or the | ||||||
23 | establishment of new law;
| ||||||
24 | (D) the allegations and other factual contentions | ||||||
25 | do not have
evidentiary
support or, if specifically so | ||||||
26 | identified, are not likely to have evidentiary
support |
| |||||||
| |||||||
1 | after a reasonable opportunity for further | ||||||
2 | investigation or discovery;
or
| ||||||
3 | (E) the denials of factual contentions are not | ||||||
4 | warranted on the
evidence, or if specifically so | ||||||
5 | identified, are not reasonably based on a lack
of | ||||||
6 | information or belief.
| ||||||
7 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
8 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
9 | action under
Article X of the Code of Civil Procedure or | ||||||
10 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
11 | under the Court of Claims Act, an action under the
federal | ||||||
12 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
13 | subsequent petition for post-conviction relief under | ||||||
14 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
15 | whether filed with or without leave of court or a second or | ||||||
16 | subsequent petition for relief from judgment under Section | ||||||
17 | 2-1401 of the Code of Civil Procedure.
| ||||||
18 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
19 | validity of Public Act 89-404.
| ||||||
20 | (f) (Blank) Whenever the Department is to release any | ||||||
21 | inmate who has been convicted of a violation of an order of | ||||||
22 | protection under Section 12-30 of the Criminal Code of 1961, | ||||||
23 | earlier than it
otherwise would because of a grant of good | ||||||
24 | conduct credit, the Department, as a condition of such early | ||||||
25 | release, shall require that the person, upon release, be placed | ||||||
26 | under electronic surveillance as provided in Section 5-8A-7 of |
| |||||||
| |||||||
1 | this Code . | ||||||
2 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
3 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
4 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
5 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
6 | eff. 8-21-08.)
| ||||||
7 | (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
| ||||||
8 | Sec. 3-6-4. Enforcement of Discipline - Escape.
| ||||||
9 | (a) A committed person who escapes or attempts to escape | ||||||
10 | from an
institution or facility of the Adult Division, or | ||||||
11 | escapes or attempts to
escape while in the custody of an | ||||||
12 | employee of the Adult Division, or
holds or participates in the | ||||||
13 | holding of any person as a hostage by
force, threat or | ||||||
14 | violence, or while participating in any disturbance,
| ||||||
15 | demonstration or riot, causes, directs or participates in the
| ||||||
16 | destruction of any property is guilty of a Class 2 felony. A | ||||||
17 | committed
person who fails to return from furlough authorized | ||||||
18 | before the effective date of this amendatory Act of the 96th | ||||||
19 | General Assembly or from work and day release is
guilty of a | ||||||
20 | Class 3 felony.
| ||||||
21 | (b) If one or more committed persons injures or attempts to | ||||||
22 | injure
in a violent manner any employee, officer, guard, other | ||||||
23 | peace officer
or any other committed person or damages or | ||||||
24 | attempts to damage any building or
workshop, or any | ||||||
25 | appurtenances thereof, or attempts to escape, or disobeys or
|
| |||||||
| |||||||
1 | resists any lawful command, the employees, officers, guards and | ||||||
2 | other peace
officers shall use all suitable means to defend | ||||||
3 | themselves, to enforce the
observance of discipline, to secure | ||||||
4 | the persons of the offenders, and prevent
such attempted | ||||||
5 | violence or escape; and said employees, officers, guards, or
| ||||||
6 | other peace officers, or any of them, shall, in the attempt to | ||||||
7 | prevent the
escape of any such person, or in attempting to | ||||||
8 | retake any such person who has
escaped, or in attempting to | ||||||
9 | prevent or suppress violence by a committed person
against | ||||||
10 | another person, a riot, revolt, mutiny or insurrection, be | ||||||
11 | justified in
the use of force, including force likely to cause | ||||||
12 | death or great bodily harm
under Section 7-8 of the Criminal | ||||||
13 | Code of 1961 which he reasonably believed
necessary.
| ||||||
14 | As used in this Section, "committed person" includes a | ||||||
15 | person held in
detention in a secure facility or committed as a | ||||||
16 | sexually violent person and
held in a secure facility under the | ||||||
17 | Sexually Violent Persons Commitment Act;
and "peace officer" | ||||||
18 | means any officer or member
of any duly organized State, county | ||||||
19 | or municipal police unit or police force.
| ||||||
20 | (c) The Department shall establish procedures to provide | ||||||
21 | immediate
notification of the escape of any person, as defined | ||||||
22 | in subsection (a) of this
Section, to the persons specified in | ||||||
23 | subsection (c) of Section
3-14-1 of this Code.
| ||||||
24 | (Source: P.A. 90-793, eff. 8-14-98; 91-695, eff. 4-13-00.)
| ||||||
25 | (730 ILCS 5/Ch. III Art. 11 heading) |
| |||||||
| |||||||
1 | ARTICLE 11. FURLOUGHS ELIMINATED
| ||||||
2 | (730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
| ||||||
3 | Sec. 3-11-1. Furloughs eliminated . On and after the | ||||||
4 | effective date of this amendatory Act of the 96th General | ||||||
5 | Assembly, the Department may not grant furloughs to any | ||||||
6 | committed person and any committed person on furlough on the | ||||||
7 | effective of this amendatory Act shall be reconfined to the | ||||||
8 | Department facility from which he or she was furloughed.
| ||||||
9 | (a) The Department may extend the limits of the
place of | ||||||
10 | confinement
of a committed person under prescribed conditions, | ||||||
11 | so that he may leave
such place on a furlough. Whether or not | ||||||
12 | such person is to be
accompanied on furlough shall be | ||||||
13 | determined by the chief administrative
officer. The Department | ||||||
14 | may make an appropriate charge for the necessary
expenses of | ||||||
15 | accompanying a person on furlough. Such furloughs may be
| ||||||
16 | granted for a period of time not to exceed 14 days, for any of | ||||||
17 | the
following purposes:
| ||||||
18 | (1) to visit a spouse, child (including a stepchild or | ||||||
19 | adopted
child), parent (including a stepparent or foster | ||||||
20 | parent), grandparent
(including stepgrandparent) or | ||||||
21 | brother or sister who is seriously ill or
to attend the | ||||||
22 | funeral of any such person; or
| ||||||
23 | (2) to obtain medical, psychiatric or psychological | ||||||
24 | services when
adequate services are not otherwise | ||||||
25 | available; or
|
| |||||||
| |||||||
1 | (3) to make contacts for employment; or
| ||||||
2 | (4) to secure a residence upon release on parole or | ||||||
3 | discharge; or
| ||||||
4 | (5) to visit such person's family; or
| ||||||
5 | (6) to appear before various educational panels, study | ||||||
6 | groups,
educational units, and other groups whose purpose | ||||||
7 | is obtaining an
understanding of the results, causes and | ||||||
8 | prevention of crime and
criminality, including appearances | ||||||
9 | on television and radio programs.
| ||||||
10 | (b) Furloughs may be granted for any period of time under | ||||||
11 | Section 2605-525
of the Department of State Police Law
(20 ILCS | ||||||
12 | 2605/2605-525).
| ||||||
13 | (c) In any case where the person furloughed is not to be | ||||||
14 | accompanied on
furlough, the Department of Corrections shall | ||||||
15 | give prior notice of the intended
furlough to the State's | ||||||
16 | Attorney of the county from which the offender was
sentenced | ||||||
17 | originally, the State's Attorney of the county where the | ||||||
18 | furlough
is to occur, and to the Sheriff of the county where | ||||||
19 | the furlough is to occur.
Said prior notice is to be in writing | ||||||
20 | except in situations where the reason
for the furlough is of | ||||||
21 | such an emergency nature that previous written notice
would not | ||||||
22 | be possible. In such cases, oral notice of the furlough shall | ||||||
23 | occur.
| ||||||
24 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
25 | (730 ILCS 5/5-4.5-20) |
| |||||||
| |||||||
1 | (This Section may contain text from a Public Act with a | ||||||
2 | delayed effective date ) | ||||||
3 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
4 | degree murder: | ||||||
5 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
6 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
7 | Code of 1961 (720 ILCS 5/9-1). Imprisonment shall be for a | ||||||
8 | determinate term of (1) not less than 20 years and not more | ||||||
9 | than 60 years; (2) not less than 60 years and not more than 100 | ||||||
10 | years when an extended term is imposed under Section 5-8-2 (730 | ||||||
11 | ILCS 5/5-8-2); or (3) natural life as provided in Section 5-8-1 | ||||||
12 | (730 ILCS 5/5-8-1).
| ||||||
13 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
14 | shall not be imposed.
| ||||||
15 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
16 | or the county impact incarceration program is not an authorized | ||||||
17 | disposition.
| ||||||
18 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
19 | probation or conditional discharge shall not be imposed.
| ||||||
20 | (e) FINE. Fines may be imposed as provided in Section | ||||||
21 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
22 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
23 | concerning restitution.
| ||||||
24 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
25 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
26 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
|
| |||||||
| |||||||
1 | (h) DRUG COURT. Drug court is not an authorized | ||||||
2 | disposition.
| ||||||
3 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
4 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time | ||||||
5 | spent in home detention prior to judgment.
| ||||||
6 | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 (730 | ||||||
7 | ILCS 5/3-6-3) for rules and regulations for early release based | ||||||
8 | on good conduct.
| ||||||
9 | (k) (Blank). ELECTRONIC HOME DETENTION. Electronic home | ||||||
10 | detention is not an authorized disposition, except in limited | ||||||
11 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
12 | 5/5-8A-3).
| ||||||
13 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
14 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
15 | mandatory supervised release term shall be 3 years upon release | ||||||
16 | from imprisonment.
| ||||||
17 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
18 | (730 ILCS 5/5-4.5-25) | ||||||
19 | (This Section may contain text from a Public Act with a | ||||||
20 | delayed effective date ) | ||||||
21 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
22 | felony: | ||||||
23 | (a) TERM. The sentence of imprisonment shall be a | ||||||
24 | determinate sentence of not less than 6 years and not more than | ||||||
25 | 30 years. The sentence of imprisonment for an extended term |
| |||||||
| |||||||
1 | Class X felony, as provided in Section 5-8-2 (730 ILCS | ||||||
2 | 5/5-8-2), shall be not less than 30 years and not more than 60 | ||||||
3 | years.
| ||||||
4 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
5 | shall not be imposed.
| ||||||
6 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
7 | or the county impact incarceration program is not an authorized | ||||||
8 | disposition.
| ||||||
9 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
10 | probation or conditional discharge shall not be imposed.
| ||||||
11 | (e) FINE. Fines may be imposed as provided in Section | ||||||
12 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
13 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
14 | concerning restitution.
| ||||||
15 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
16 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
17 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
18 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
19 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
20 | program.
| ||||||
21 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
22 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time | ||||||
23 | spent in home detention prior to judgment.
| ||||||
24 | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 (730 | ||||||
25 | ILCS 5/3-6-3) for rules and regulations for early release based | ||||||
26 | on good conduct.
|
| |||||||
| |||||||
1 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
2 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
3 | detention.
| ||||||
4 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
5 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
6 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
7 | be 3 years upon release from imprisonment.
| ||||||
8 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
9 | (730 ILCS 5/5-4.5-30) | ||||||
10 | (This Section may contain text from a Public Act with a | ||||||
11 | delayed effective date ) | ||||||
12 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
13 | felony: | ||||||
14 | (a) TERM. The sentence of imprisonment, other than for | ||||||
15 | second degree murder, shall be a determinate sentence of not | ||||||
16 | less than 4 years and not more than 15 years. The sentence of | ||||||
17 | imprisonment for second degree murder shall be a determinate | ||||||
18 | sentence of not less than 4 years and not more than 20 years. | ||||||
19 | The sentence of imprisonment for an extended term Class 1 | ||||||
20 | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | ||||||
21 | be a term not less than 15 years and not more than 30 years.
| ||||||
22 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
23 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
24 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
25 | ILCS 5/5-5-3 or 5/5-7-1).
|
| |||||||
| |||||||
1 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
2 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
3 | the impact incarceration program or the county impact | ||||||
4 | incarceration program.
| ||||||
5 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
6 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
7 | period of probation or conditional discharge shall not exceed 4 | ||||||
8 | years. The court shall specify the conditions of probation or | ||||||
9 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
10 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
11 | disposition of probation or conditional discharge for a Class 1 | ||||||
12 | felony committed while he or she was serving a term of | ||||||
13 | probation or conditional discharge for a felony.
| ||||||
14 | (e) FINE. Fines may be imposed as provided in Section | ||||||
15 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
16 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
17 | concerning restitution.
| ||||||
18 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
19 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
20 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
21 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
22 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
23 | program.
| ||||||
24 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
25 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
26 | spent in home detention prior to judgment.
|
| |||||||
| |||||||
1 | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this | ||||||
2 | Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior | ||||||
3 | Allowance Act (730 ILCS 130/) for rules and regulations for | ||||||
4 | early release based on good conduct.
| ||||||
5 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
6 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
7 | detention.
| ||||||
8 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
9 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
10 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
11 | be 2 years upon release from imprisonment.
| ||||||
12 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
13 | (730 ILCS 5/5-4.5-35) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date ) | ||||||
16 | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | ||||||
17 | felony: | ||||||
18 | (a) TERM. The sentence of imprisonment shall be a | ||||||
19 | determinate sentence of not less than 3 years and not more than | ||||||
20 | 7 years. The sentence of imprisonment for an extended term | ||||||
21 | Class 2 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
22 | 5/5-8-2), shall be a term not less than 7 years and not more | ||||||
23 | than 14 years.
| ||||||
24 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
25 | imprisonment shall be for a definite term of from 18 to 30 |
| |||||||
| |||||||
1 | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
2 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
3 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
4 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
5 | the impact incarceration program or the county impact | ||||||
6 | incarceration program.
| ||||||
7 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
8 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
9 | period of probation or conditional discharge shall not exceed 4 | ||||||
10 | years. The court shall specify the conditions of probation or | ||||||
11 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
12 | 5/5-6-3).
| ||||||
13 | (e) FINE. Fines may be imposed as provided in Section | ||||||
14 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
15 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
16 | concerning restitution.
| ||||||
17 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
18 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
19 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
20 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
21 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
22 | program.
| ||||||
23 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
24 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
25 | spent in home detention prior to judgment.
| ||||||
26 | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this |
| |||||||
| |||||||
1 | Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior | ||||||
2 | Allowance Act (730 ILCS 130/) for rules and regulations for | ||||||
3 | early release based on good conduct.
| ||||||
4 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
5 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
6 | detention.
| ||||||
7 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
8 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
9 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
10 | be 2 years upon release from imprisonment.
| ||||||
11 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
12 | (730 ILCS 5/5-4.5-40) | ||||||
13 | (This Section may contain text from a Public Act with a | ||||||
14 | delayed effective date ) | ||||||
15 | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | ||||||
16 | felony: | ||||||
17 | (a) TERM. The sentence of imprisonment shall be a | ||||||
18 | determinate sentence of not less than 2 years and not more than | ||||||
19 | 5 years. The sentence of imprisonment for an extended term | ||||||
20 | Class 3 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
21 | 5/5-8-2), shall be a term not less than 5 years and not more | ||||||
22 | than 10 years.
| ||||||
23 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
24 | imprisonment shall be for a definite term of up to 18 months, | ||||||
25 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 |
| |||||||
| |||||||
1 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
2 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
3 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
4 | the impact incarceration program or the county impact | ||||||
5 | incarceration program.
| ||||||
6 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
7 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
8 | period of probation or conditional discharge shall not exceed | ||||||
9 | 30 months. The court shall specify the conditions of probation | ||||||
10 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
11 | ILCS 5/5-6-3).
| ||||||
12 | (e) FINE. Fines may be imposed as provided in Section | ||||||
13 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
14 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
15 | concerning restitution.
| ||||||
16 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
17 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
18 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
19 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
20 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
21 | program.
| ||||||
22 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
23 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
24 | spent in home detention prior to judgment.
| ||||||
25 | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this | ||||||
26 | Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior |
| |||||||
| |||||||
1 | Allowance Act (730 ILCS 130/) for rules and regulations for | ||||||
2 | early release based on good conduct.
| ||||||
3 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
4 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
5 | detention.
| ||||||
6 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
7 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
8 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
9 | be one year upon release from imprisonment.
| ||||||
10 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
11 | (730 ILCS 5/5-4.5-45) | ||||||
12 | (This Section may contain text from a Public Act with a | ||||||
13 | delayed effective date ) | ||||||
14 | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | ||||||
15 | felony: | ||||||
16 | (a) TERM. The sentence of imprisonment shall be a | ||||||
17 | determinate sentence of not less than one year and not more | ||||||
18 | than 3 years. The sentence of imprisonment for an extended term | ||||||
19 | Class 4 felony, as provided in Section 5-8-2 (730 ILCS | ||||||
20 | 5/5-8-2), shall be a term not less than 3 years and not more | ||||||
21 | than 6 years.
| ||||||
22 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
23 | imprisonment shall be for a definite term of up to 18 months, | ||||||
24 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
25 | ILCS 5/5-5-3 or 5/5-7-1).
|
| |||||||
| |||||||
1 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
2 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
3 | the impact incarceration program or the county impact | ||||||
4 | incarceration program.
| ||||||
5 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
6 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
7 | period of probation or conditional discharge shall not exceed | ||||||
8 | 30 months. The court shall specify the conditions of probation | ||||||
9 | or conditional discharge as set forth in Section 5-6-3 (730 | ||||||
10 | ILCS 5/5-6-3).
| ||||||
11 | (e) FINE. Fines may be imposed as provided in Section | ||||||
12 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
13 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
14 | concerning restitution.
| ||||||
15 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
16 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
17 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
18 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
19 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
20 | program.
| ||||||
21 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
22 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
23 | spent in home detention prior to judgment.
| ||||||
24 | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 of this | ||||||
25 | Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior | ||||||
26 | Allowance Act (730 ILCS 130/) for rules and regulations for |
| |||||||
| |||||||
1 | early release based on good conduct.
| ||||||
2 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
3 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
4 | detention.
| ||||||
5 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
6 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
7 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
8 | be one year upon release from imprisonment.
| ||||||
9 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
10 | (730 ILCS 5/5-4.5-55) | ||||||
11 | (This Section may contain text from a Public Act with a | ||||||
12 | delayed effective date ) | ||||||
13 | Sec. 5-4.5-55. CLASS A MISDEMEANORS; SENTENCE. For a Class | ||||||
14 | A misdemeanor: | ||||||
15 | (a) TERM. The sentence of imprisonment shall be a | ||||||
16 | determinate sentence of less than one year.
| ||||||
17 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
18 | imprisonment shall be for a definite term of less than one | ||||||
19 | year, except as otherwise provided in Section 5-5-3 or 5-7-1 | ||||||
20 | (730 ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
21 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
22 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
23 | incarceration program.
| ||||||
24 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
25 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the |
| |||||||
| |||||||
1 | period of probation or conditional discharge shall not exceed 2 | ||||||
2 | years. The court shall specify the conditions of probation or | ||||||
3 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
4 | 5/5-6-3).
| ||||||
5 | (e) FINE. A fine not to exceed $2,500 for each offense or | ||||||
6 | the amount specified in the offense, whichever is greater, may | ||||||
7 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
8 | conditional discharge, probation, periodic imprisonment, or | ||||||
9 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
10 | Art. 9) for imposition of additional amounts and determination | ||||||
11 | of amounts and payment.
| ||||||
12 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
13 | concerning restitution.
| ||||||
14 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
15 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
16 | ILCS 5/5-8-4).
| ||||||
17 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
18 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
19 | program.
| ||||||
20 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
21 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
22 | spent in home detention prior to judgment.
| ||||||
23 | (j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good | ||||||
24 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
25 | regulations for early release based on good conduct.
| ||||||
26 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 |
| |||||||
| |||||||
1 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
2 | detention.
| ||||||
3 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
4 | (730 ILCS 5/5-4.5-60) | ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date ) | ||||||
7 | Sec. 5-4.5-60. CLASS B MISDEMEANORS; SENTENCE. For a Class | ||||||
8 | B misdemeanor: | ||||||
9 | (a) TERM. The sentence of imprisonment shall be a | ||||||
10 | determinate sentence of not more than 6 months.
| ||||||
11 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
12 | imprisonment shall be for a definite term of up to 6 months or | ||||||
13 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
14 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
15 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
16 | incarceration program.
| ||||||
17 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
18 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
19 | conditional discharge shall not exceed 2 years. The court shall | ||||||
20 | specify the conditions of probation or conditional discharge as | ||||||
21 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
22 | (e) FINE. A fine not to exceed $1,500 for each offense or | ||||||
23 | the amount specified in the offense, whichever is greater, may | ||||||
24 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
25 | conditional discharge, probation, periodic imprisonment, or |
| |||||||
| |||||||
1 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
2 | Art. 9) for imposition of additional amounts and determination | ||||||
3 | of amounts and payment.
| ||||||
4 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
5 | concerning restitution.
| ||||||
6 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
7 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
8 | ILCS 5/5-8-4).
| ||||||
9 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
10 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
11 | program.
| ||||||
12 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
13 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
14 | spent in home detention prior to judgment.
| ||||||
15 | (j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good | ||||||
16 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
17 | regulations for early release based on good conduct.
| ||||||
18 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
19 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
20 | detention.
| ||||||
21 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
22 | (730 ILCS 5/5-4.5-65) | ||||||
23 | (This Section may contain text from a Public Act with a | ||||||
24 | delayed effective date ) | ||||||
25 | Sec. 5-4.5-65. CLASS C MISDEMEANORS; SENTENCE. For a Class |
| |||||||
| |||||||
1 | C misdemeanor: | ||||||
2 | (a) TERM. The sentence of imprisonment shall be a | ||||||
3 | determinate sentence of not more than 30 days.
| ||||||
4 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
5 | imprisonment shall be for a definite term of up to 30 days or | ||||||
6 | as otherwise provided in Section 5-7-1 (730 ILCS 5/5-7-1).
| ||||||
7 | (c) IMPACT INCARCERATION. See Section 5-8-1.2 (730 ILCS | ||||||
8 | 5/5-8-1.2) concerning eligibility for the county impact | ||||||
9 | incarceration program.
| ||||||
10 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
11 | in Section 5-6-2 (730 ILCS 5/5-6-2), the period of probation or | ||||||
12 | conditional discharge shall not exceed 2 years. The court shall | ||||||
13 | specify the conditions of probation or conditional discharge as | ||||||
14 | set forth in Section 5-6-3 (730 ILCS 5/5-6-3).
| ||||||
15 | (e) FINE. A fine not to exceed $1,500 for each offense or | ||||||
16 | the amount specified in the offense, whichever is greater, may | ||||||
17 | be imposed. A fine may be imposed in addition to a sentence of | ||||||
18 | conditional discharge, probation, periodic imprisonment, or | ||||||
19 | imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, | ||||||
20 | Art. 9) for imposition of additional amounts and determination | ||||||
21 | of amounts and payment.
| ||||||
22 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
23 | concerning restitution.
| ||||||
24 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
25 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
26 | ILCS 5/5-8-4).
|
| |||||||
| |||||||
1 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
2 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
3 | program.
| ||||||
4 | (i) (Blank). CREDIT FOR HOME DETENTION. See Section | ||||||
5 | 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time | ||||||
6 | spent in home detention prior to judgment.
| ||||||
7 | (j) EARLY RELEASE; GOOD CONDUCT. See the County Jail Good | ||||||
8 | Behavior Allowance Act (730 ILCS 130/) for rules and | ||||||
9 | regulations for early release based on good conduct.
| ||||||
10 | (k) (Blank). ELECTRONIC HOME DETENTION. See Section 5-8A-3 | ||||||
11 | (730 ILCS 5/5-8A-3) concerning eligibility for electronic home | ||||||
12 | detention.
| ||||||
13 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
14 | (730 ILCS 5/5-4.5-100) | ||||||
15 | (This Section may contain text from a Public Act with a | ||||||
16 | delayed effective date )
| ||||||
17 | Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. | ||||||
18 | (a) COMMENCEMENT. A sentence of imprisonment shall | ||||||
19 | commence on the date on which the offender is received by the | ||||||
20 | Department or the institution at which the sentence is to be | ||||||
21 | served. | ||||||
22 | (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. The offender | ||||||
23 | shall be given credit on the determinate sentence or maximum | ||||||
24 | term and the minimum period of imprisonment for time spent in | ||||||
25 | custody as a result of the offense for which the sentence was |
| |||||||
| |||||||
1 | imposed, at the rate specified in Section 3-6-3 (730 ILCS | ||||||
2 | 5/3-6-3). Except when prohibited by subsection (d), the trial | ||||||
3 | court may give credit to the defendant for time spent in home | ||||||
4 | detention, or when the defendant has been confined for | ||||||
5 | psychiatric or substance abuse treatment prior to judgment, if | ||||||
6 | the court finds that the detention or confinement was | ||||||
7 | custodial. | ||||||
8 | (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||||||
9 | arrested on one charge and prosecuted on another charge for | ||||||
10 | conduct that occurred prior to his or her arrest shall be given | ||||||
11 | credit on the determinate sentence or maximum term and the | ||||||
12 | minimum term of imprisonment for time spent in custody under | ||||||
13 | the former charge not credited against another sentence.
| ||||||
14 | (d) (Blank) NO CREDIT; SOME HOME DETENTION. An offender | ||||||
15 | sentenced to a term of imprisonment for an offense listed in | ||||||
16 | paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS | ||||||
17 | 5/5-5-3) or in paragraph (3) of subsection (c-1) of Section | ||||||
18 | 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall | ||||||
19 | not receive credit for time spent in home detention prior to | ||||||
20 | judgment .
| ||||||
21 | (Source: P.A. 95-1052, eff. 7-1-09.) | ||||||
22 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
23 | (Text of Section after amendment by P.A. 95-983 ) | ||||||
24 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
25 | Discharge.
|
| |||||||
| |||||||
1 | (a) The conditions of probation and of conditional | ||||||
2 | discharge shall be
that the person:
| ||||||
3 | (1) not violate any criminal statute of any | ||||||
4 | jurisdiction;
| ||||||
5 | (2) report to or appear in person before such person or | ||||||
6 | agency as
directed by the court;
| ||||||
7 | (3) refrain from possessing a firearm or other | ||||||
8 | dangerous weapon;
| ||||||
9 | (4) not leave the State without the consent of the | ||||||
10 | court or, in
circumstances in which the reason for the | ||||||
11 | absence is of such an emergency
nature that prior consent | ||||||
12 | by the court is not possible, without the prior
| ||||||
13 | notification and approval of the person's probation
| ||||||
14 | officer. Transfer of a person's probation or conditional | ||||||
15 | discharge
supervision to another state is subject to | ||||||
16 | acceptance by the other state
pursuant to the Interstate | ||||||
17 | Compact for Adult Offender Supervision;
| ||||||
18 | (5) permit the probation officer to visit
him at his | ||||||
19 | home or elsewhere
to the extent necessary to discharge his | ||||||
20 | duties;
| ||||||
21 | (6) perform no less than 30 hours of community service | ||||||
22 | and not more than
120 hours of community service, if | ||||||
23 | community service is available in the
jurisdiction and is | ||||||
24 | funded and approved by the county board where the offense
| ||||||
25 | was committed, where the offense was related to or in | ||||||
26 | furtherance of the
criminal activities of an organized gang |
| |||||||
| |||||||
1 | and was motivated by the offender's
membership in or | ||||||
2 | allegiance to an organized gang. The community service | ||||||
3 | shall
include, but not be limited to, the cleanup and | ||||||
4 | repair of any damage caused by
a violation of Section | ||||||
5 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
6 | property located within the municipality or county in which | ||||||
7 | the violation
occurred. When possible and reasonable, the | ||||||
8 | community service should be
performed in the offender's | ||||||
9 | neighborhood. For purposes of this Section,
"organized | ||||||
10 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
11 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
12 | (7) if he or she is at least 17 years of age and has | ||||||
13 | been sentenced to
probation or conditional discharge for a | ||||||
14 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
15 | inhabitants and has not been previously convicted of a
| ||||||
16 | misdemeanor or felony, may be required by the sentencing | ||||||
17 | court to attend
educational courses designed to prepare the | ||||||
18 | defendant for a high school diploma
and to work toward a | ||||||
19 | high school diploma or to work toward passing the high
| ||||||
20 | school level Test of General Educational Development (GED) | ||||||
21 | or to work toward
completing a vocational training program | ||||||
22 | approved by the court. The person on
probation or | ||||||
23 | conditional discharge must attend a public institution of
| ||||||
24 | education to obtain the educational or vocational training | ||||||
25 | required by this
clause (7). The court shall revoke the | ||||||
26 | probation or conditional discharge of a
person who wilfully |
| |||||||
| |||||||
1 | fails to comply with this clause (7). The person on
| ||||||
2 | probation or conditional discharge shall be required to pay | ||||||
3 | for the cost of the
educational courses or GED test, if a | ||||||
4 | fee is charged for those courses or
test. The court shall | ||||||
5 | resentence the offender whose probation or conditional
| ||||||
6 | discharge has been revoked as provided in Section 5-6-4. | ||||||
7 | This clause (7) does
not apply to a person who has a high | ||||||
8 | school diploma or has successfully passed
the GED test. | ||||||
9 | This clause (7) does not apply to a person who is | ||||||
10 | determined by
the court to be developmentally disabled or | ||||||
11 | otherwise mentally incapable of
completing the educational | ||||||
12 | or vocational program;
| ||||||
13 | (8) if convicted of possession of a substance | ||||||
14 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine Control | ||||||
16 | and Community Protection Act
after a previous conviction or | ||||||
17 | disposition of supervision for possession of a
substance | ||||||
18 | prohibited by the Cannabis Control Act or Illinois | ||||||
19 | Controlled
Substances Act or after a sentence of probation | ||||||
20 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
21 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
22 | the Methamphetamine Control and Community Protection Act | ||||||
23 | and upon a
finding by the court that the person is | ||||||
24 | addicted, undergo treatment at a
substance abuse program | ||||||
25 | approved by the court;
| ||||||
26 | (8.5) if convicted of a felony sex offense as defined |
| |||||||
| |||||||
1 | in the Sex
Offender
Management Board Act, the person shall | ||||||
2 | undergo and successfully complete sex
offender treatment | ||||||
3 | by a treatment provider approved by the Board and conducted
| ||||||
4 | in conformance with the standards developed under the Sex
| ||||||
5 | Offender Management Board Act;
| ||||||
6 | (8.6) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender Management Board Act, refrain from residing at | ||||||
8 | the same address or in the same condominium unit or | ||||||
9 | apartment unit or in the same condominium complex or | ||||||
10 | apartment complex with another person he or she knows or | ||||||
11 | reasonably should know is a convicted sex offender or has | ||||||
12 | been placed on supervision for a sex offense; the | ||||||
13 | provisions of this paragraph do not apply to a person | ||||||
14 | convicted of a sex offense who is placed in a Department of | ||||||
15 | Corrections licensed transitional housing facility for sex | ||||||
16 | offenders; | ||||||
17 | (8.7) if convicted for an offense committed on or after | ||||||
18 | June 1, 2008 ( the effective date of Public Act 95-464)
this | ||||||
19 | amendatory Act of the 95th General Assembly that would | ||||||
20 | qualify the accused as a child sex offender as defined in | ||||||
21 | Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | ||||||
22 | refrain from communicating with or contacting, by means of | ||||||
23 | the Internet, a person who is not related to the accused | ||||||
24 | and whom the accused reasonably believes to be under 18 | ||||||
25 | years of age; for purposes of this paragraph (8.7), | ||||||
26 | "Internet" has the meaning ascribed to it in Section 16J-5 |
| |||||||
| |||||||
1 | of the Criminal Code of 1961; and a person is not related | ||||||
2 | to the accused if the person is not: (i) the spouse, | ||||||
3 | brother, or sister of the accused; (ii) a descendant of the | ||||||
4 | accused; (iii) a first or second cousin of the accused; or | ||||||
5 | (iv) a step-child or adopted child of the accused; | ||||||
6 | (8.8) if convicted for an offense under Section 11-6, | ||||||
7 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
8 | Code of 1961, or any attempt to commit any of these | ||||||
9 | offenses, committed on or after June 1, 2009 ( the effective | ||||||
10 | date of Public Act 95-983)
this amendatory Act of the 95th | ||||||
11 | General Assembly : | ||||||
12 | (i) not access or use a computer or any other | ||||||
13 | device with Internet capability without the prior | ||||||
14 | written approval of the offender's probation officer, | ||||||
15 | except in connection with the offender's employment or | ||||||
16 | search for employment with the prior approval of the | ||||||
17 | offender's probation officer; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's probation | ||||||
21 | officer, a law enforcement officer, or assigned | ||||||
22 | computer or information technology specialist, | ||||||
23 | including the retrieval and copying of all data from | ||||||
24 | the computer or device and any internal or external | ||||||
25 | peripherals and removal of such information, | ||||||
26 | equipment, or device to conduct a more thorough |
| |||||||
| |||||||
1 | inspection; | ||||||
2 | (iii) submit to the installation on the offender's | ||||||
3 | computer or device with Internet capability, at the | ||||||
4 | offender's expense, of one or more hardware or software | ||||||
5 | systems to monitor the Internet use; and | ||||||
6 | (iv) submit to any other appropriate restrictions | ||||||
7 | concerning the offender's use of or access to a | ||||||
8 | computer or any other device with Internet capability | ||||||
9 | imposed by the offender's probation officer; | ||||||
10 | (9) if convicted of a felony, physically surrender at a | ||||||
11 | time and place
designated by the court, his or her Firearm
| ||||||
12 | Owner's Identification Card and
any and all firearms in
his | ||||||
13 | or her possession; and
| ||||||
14 | (10) if convicted of a sex offense as defined in | ||||||
15 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
16 | offender is a parent or guardian of the person under 18 | ||||||
17 | years of age present in the home and no non-familial minors | ||||||
18 | are present, not participate in a holiday event involving | ||||||
19 | children under 18 years of age, such as distributing candy | ||||||
20 | or other items to children on Halloween, wearing a Santa | ||||||
21 | Claus costume on or preceding Christmas, being employed as | ||||||
22 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
23 | costume on or preceding Easter. | ||||||
24 | (b) The Court may in addition to other reasonable | ||||||
25 | conditions relating to the
nature of the offense or the | ||||||
26 | rehabilitation of the defendant as determined for
each |
| |||||||
| |||||||
1 | defendant in the proper discretion of the Court require that | ||||||
2 | the person:
| ||||||
3 | (1) serve a term of periodic imprisonment under Article | ||||||
4 | 7 for a
period not to exceed that specified in paragraph | ||||||
5 | (d) of Section 5-7-1;
| ||||||
6 | (2) pay a fine and costs;
| ||||||
7 | (3) work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (4) undergo medical, psychological or psychiatric | ||||||
10 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction
or residence of defendants on probation;
| ||||||
13 | (6) support his dependents;
| ||||||
14 | (7) and in addition, if a minor:
| ||||||
15 | (i) reside with his parents or in a foster home;
| ||||||
16 | (ii) attend school;
| ||||||
17 | (iii) attend a non-residential program for youth;
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster home;
| ||||||
20 | (v) with the consent of the superintendent of the
| ||||||
21 | facility, attend an educational program at a facility | ||||||
22 | other than the school
in which the
offense was | ||||||
23 | committed if he
or she is convicted of a crime of | ||||||
24 | violence as
defined in
Section 2 of the Crime Victims | ||||||
25 | Compensation Act committed in a school, on the
real
| ||||||
26 | property
comprising a school, or within 1,000 feet of |
| |||||||
| |||||||
1 | the real property comprising a
school;
| ||||||
2 | (8) make restitution as provided in Section 5-5-6 of | ||||||
3 | this Code;
| ||||||
4 | (9) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (10) serve a term of home confinement. In addition to | ||||||
7 | any other
applicable condition of probation or conditional | ||||||
8 | discharge, the
conditions of home confinement shall be that | ||||||
9 | the offender:
| ||||||
10 | (i) remain within the interior premises of the | ||||||
11 | place designated for
his confinement during the hours | ||||||
12 | designated by the court;
| ||||||
13 | (ii) admit any person or agent designated by the | ||||||
14 | court into the
offender's place of confinement at any | ||||||
15 | time for purposes of verifying
the offender's | ||||||
16 | compliance with the conditions of his confinement; and
| ||||||
17 | (iii) if further deemed necessary by the court or | ||||||
18 | the
Probation or
Court Services Department, be placed | ||||||
19 | on an approved
electronic monitoring device, subject | ||||||
20 | to Article 8A of Chapter V;
| ||||||
21 | (iv) for persons convicted of any alcohol, | ||||||
22 | cannabis or controlled
substance violation who are | ||||||
23 | placed on an approved monitoring device as a
condition | ||||||
24 | of probation or conditional discharge, the court shall | ||||||
25 | impose a
reasonable fee for each day of the use of the | ||||||
26 | device, as established by the
county board in |
| |||||||
| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the offender to pay the | ||||||
3 | fee, the court assesses a lesser fee or no
fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee shall be
collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee to the county | ||||||
9 | treasurer
for deposit in the substance abuse services | ||||||
10 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
11 | (v) for persons convicted of offenses other than | ||||||
12 | those referenced in
clause (iv) above and who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose
a reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the defendant to pay the | ||||||
19 | fee, the court assesses a lesser fee or
no fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee
shall be collected by the clerk of the | ||||||
23 | circuit court. The clerk of the circuit
court shall pay | ||||||
24 | all monies collected from this fee
to the county | ||||||
25 | treasurer who shall use the monies collected to defray | ||||||
26 | the
costs of corrections. The county treasurer shall |
| |||||||
| |||||||
1 | deposit the fee
collected in the county working cash | ||||||
2 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
3 | Counties Code, as the case may be.
| ||||||
4 | (11) comply with the terms and conditions of an order | ||||||
5 | of protection issued
by the court pursuant to the Illinois | ||||||
6 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
7 | or an order of protection issued by the court of
another | ||||||
8 | state, tribe, or United States territory. A copy of the | ||||||
9 | order of
protection shall be
transmitted to the probation | ||||||
10 | officer or agency
having responsibility for the case;
| ||||||
11 | (12) reimburse any "local anti-crime program" as | ||||||
12 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
13 | for any reasonable expenses incurred
by the program on the | ||||||
14 | offender's case, not to exceed the maximum amount of
the | ||||||
15 | fine authorized for the offense for which the defendant was | ||||||
16 | sentenced;
| ||||||
17 | (13) contribute a reasonable sum of money, not to | ||||||
18 | exceed the maximum
amount of the fine authorized for the
| ||||||
19 | offense for which the defendant was sentenced, (i) to a | ||||||
20 | "local anti-crime
program", as defined in Section 7 of the | ||||||
21 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
22 | the jurisdiction of the Department of Natural Resources, to | ||||||
23 | the fund established by the Department of Natural Resources | ||||||
24 | for the purchase of evidence for investigation purposes and | ||||||
25 | to conduct investigations as outlined in Section 805-105 of | ||||||
26 | the Department of Natural Resources (Conservation) Law;
|
| |||||||
| |||||||
1 | (14) refrain from entering into a designated | ||||||
2 | geographic area except upon
such terms as the court finds | ||||||
3 | appropriate. Such terms may include
consideration of the | ||||||
4 | purpose of the entry, the time of day, other persons
| ||||||
5 | accompanying the defendant, and advance approval by a
| ||||||
6 | probation officer, if
the defendant has been placed on | ||||||
7 | probation or advance approval by the
court, if the | ||||||
8 | defendant was placed on conditional discharge;
| ||||||
9 | (15) refrain from having any contact, directly or | ||||||
10 | indirectly, with
certain specified persons or particular | ||||||
11 | types of persons, including but not
limited to members of | ||||||
12 | street gangs and drug users or dealers;
| ||||||
13 | (16) refrain from having in his or her body the | ||||||
14 | presence of any illicit
drug prohibited by the Cannabis | ||||||
15 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
16 | Methamphetamine Control and Community Protection Act, | ||||||
17 | unless prescribed by a physician, and submit samples of
his | ||||||
18 | or her blood or urine or both for tests to determine the | ||||||
19 | presence of any
illicit drug;
| ||||||
20 | (17) if convicted for an offense committed on or after | ||||||
21 | June 1, 2008 ( the effective date of Public Act 95-464)
this | ||||||
22 | amendatory Act of the 95th General Assembly that would | ||||||
23 | qualify the accused as a child sex offender as defined in | ||||||
24 | Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, | ||||||
25 | refrain from communicating with or contacting, by means of | ||||||
26 | the Internet, a person who is related to the accused and |
| |||||||
| |||||||
1 | whom the accused reasonably believes to be under 18 years | ||||||
2 | of age; for purposes of this paragraph (17), "Internet" has | ||||||
3 | the meaning ascribed to it in Section 16J-5 of the Criminal | ||||||
4 | Code of 1961; and a person is related to the accused if the | ||||||
5 | person is: (i) the spouse, brother, or sister of the | ||||||
6 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
7 | second cousin of the accused; or (iv) a step-child or | ||||||
8 | adopted child of the accused; and | ||||||
9 | (18) if convicted for an offense committed on or after | ||||||
10 | June 1, 2009 ( the effective date of Public Act 95-983)
this | ||||||
11 | amendatory Act of the 95th General Assembly that would | ||||||
12 | qualify as a sex offense as defined in the Sex Offender | ||||||
13 | Registration Act: | ||||||
14 | (i) not access or use a computer or any other | ||||||
15 | device with Internet capability without the prior | ||||||
16 | written approval of the offender's probation officer, | ||||||
17 | except in connection with the offender's employment or | ||||||
18 | search for employment with the prior approval of the | ||||||
19 | offender's probation officer; | ||||||
20 | (ii) submit to periodic unannounced examinations | ||||||
21 | of the offender's computer or any other device with | ||||||
22 | Internet capability by the offender's probation | ||||||
23 | officer, a law enforcement officer, or assigned | ||||||
24 | computer or information technology specialist, | ||||||
25 | including the retrieval and copying of all data from | ||||||
26 | the computer or device and any internal or external |
| |||||||
| |||||||
1 | peripherals and removal of such information, | ||||||
2 | equipment, or device to conduct a more thorough | ||||||
3 | inspection; | ||||||
4 | (iii) submit to the installation on the offender's | ||||||
5 | computer or device with Internet capability, at the | ||||||
6 | subject's expense, of one or more hardware or software | ||||||
7 | systems to monitor the Internet use; and | ||||||
8 | (iv) submit to any other appropriate restrictions | ||||||
9 | concerning the offender's use of or access to a | ||||||
10 | computer or any other device with Internet capability | ||||||
11 | imposed by the offender's probation officer. | ||||||
12 | (c) The court may as a condition of probation or of | ||||||
13 | conditional
discharge require that a person under 18 years of | ||||||
14 | age found guilty of any
alcohol, cannabis or controlled | ||||||
15 | substance violation, refrain from acquiring
a driver's license | ||||||
16 | during
the period of probation or conditional discharge. If | ||||||
17 | such person
is in possession of a permit or license, the court | ||||||
18 | may require that
the minor refrain from driving or operating | ||||||
19 | any motor vehicle during the
period of probation or conditional | ||||||
20 | discharge, except as may be necessary in
the course of the | ||||||
21 | minor's lawful employment.
| ||||||
22 | (d) An offender sentenced to probation or to conditional | ||||||
23 | discharge
shall be given a certificate setting forth the | ||||||
24 | conditions thereof.
| ||||||
25 | (e) Except where the offender has committed a fourth or | ||||||
26 | subsequent
violation of subsection (c) of Section 6-303 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code,
the court shall not require as a | ||||||
2 | condition of the sentence of
probation or conditional discharge | ||||||
3 | that the offender be committed to a
period of imprisonment in | ||||||
4 | excess of 6 months.
This 6 month limit shall not include | ||||||
5 | periods of confinement given pursuant to
a sentence of county | ||||||
6 | impact incarceration under Section 5-8-1.2.
| ||||||
7 | Persons committed to imprisonment as a condition of | ||||||
8 | probation or
conditional discharge shall not be committed to | ||||||
9 | the Department of
Corrections.
| ||||||
10 | (f) The court may combine a sentence of periodic | ||||||
11 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
12 | incarceration program under
Article 8 with a sentence of | ||||||
13 | probation or conditional discharge.
| ||||||
14 | (g) An offender sentenced to probation or to conditional | ||||||
15 | discharge and
who during the term of either undergoes mandatory | ||||||
16 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
17 | on an approved electronic monitoring
device, shall be ordered | ||||||
18 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
19 | testing, or both, and all costs
incidental to such approved | ||||||
20 | electronic monitoring in accordance with the
defendant's | ||||||
21 | ability to pay those costs. The county board with
the | ||||||
22 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
23 | the county is located shall establish reasonable fees for
the | ||||||
24 | cost of maintenance, testing, and incidental expenses related | ||||||
25 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
26 | costs incidental to
approved electronic monitoring, involved |
| |||||||
| |||||||
1 | in a successful probation program
for the county. The | ||||||
2 | concurrence of the Chief Judge shall be in the form of
an | ||||||
3 | administrative order.
The fees shall be collected by the clerk | ||||||
4 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
5 | all moneys collected from these fees to the county
treasurer | ||||||
6 | who shall use the moneys collected to defray the costs of
drug | ||||||
7 | testing, alcohol testing, and electronic monitoring.
The | ||||||
8 | county treasurer shall deposit the fees collected in the
county | ||||||
9 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
10 | the
Counties Code, as the case may be.
| ||||||
11 | (h) Jurisdiction over an offender may be transferred from | ||||||
12 | the
sentencing court to the court of another circuit with the | ||||||
13 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
14 | jurisdiction are also
authorized in the same manner. The court | ||||||
15 | to which jurisdiction has been
transferred shall have the same | ||||||
16 | powers as the sentencing court.
| ||||||
17 | (i) The court shall impose upon an offender
sentenced to | ||||||
18 | probation after January 1, 1989 or to conditional discharge
| ||||||
19 | after January 1, 1992 or to community service under the | ||||||
20 | supervision of a
probation or court services department after | ||||||
21 | January 1, 2004, as a condition of such probation or | ||||||
22 | conditional
discharge or supervised community service, a fee of | ||||||
23 | $50
for each month of probation or
conditional
discharge | ||||||
24 | supervision or supervised community service ordered by the | ||||||
25 | court, unless after
determining the inability of the person | ||||||
26 | sentenced to probation or conditional
discharge or supervised |
| |||||||
| |||||||
1 | community service to pay the
fee, the court assesses a lesser | ||||||
2 | fee. The court may not impose the fee on a
minor who is made a | ||||||
3 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
4 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
5 | an offender who is actively supervised by the
probation and | ||||||
6 | court services
department. The fee shall be collected by the | ||||||
7 | clerk
of the circuit court. The clerk of the circuit court | ||||||
8 | shall pay all monies
collected from this fee to the county | ||||||
9 | treasurer for deposit in the
probation and court services fund | ||||||
10 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
11 | A circuit court may not impose a probation fee under this | ||||||
12 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
13 | circuit court has adopted, by administrative
order issued by | ||||||
14 | the chief judge, a standard probation fee guide
determining an | ||||||
15 | offender's ability to pay, under guidelines developed by
the | ||||||
16 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
17 | circuit court has authorized, by
administrative order issued by | ||||||
18 | the chief judge, the creation of a Crime
Victim's Services | ||||||
19 | Fund, to be administered by the Chief Judge or his or
her | ||||||
20 | designee, for services to crime victims and their families. Of | ||||||
21 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
22 | collected per month may be used to provide services to crime | ||||||
23 | victims
and their families.
| ||||||
24 | This amendatory Act of the 93rd General Assembly deletes | ||||||
25 | the $10 increase in the fee under this subsection that was | ||||||
26 | imposed by Public Act 93-616. This deletion is intended to |
| |||||||
| |||||||
1 | control over any other Act of the 93rd General Assembly that | ||||||
2 | retains or incorporates that fee increase. | ||||||
3 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
4 | of this Section, in the case of an offender convicted of a | ||||||
5 | felony sex offense (as defined in the Sex Offender Management | ||||||
6 | Board Act) or an offense that the court or probation department | ||||||
7 | has determined to be sexually motivated (as defined in the Sex | ||||||
8 | Offender Management Board Act), the court or the probation | ||||||
9 | department shall assess additional fees to pay for all costs of | ||||||
10 | treatment, assessment, evaluation for risk and treatment, and | ||||||
11 | monitoring the offender, based on that offender's ability to | ||||||
12 | pay those costs either as they occur or under a payment plan. | ||||||
13 | (j) All fines and costs imposed under this Section for any | ||||||
14 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
15 | Code, or a similar
provision of a local ordinance, and any | ||||||
16 | violation of the Child Passenger
Protection Act, or a similar | ||||||
17 | provision of a local ordinance, shall be
collected and | ||||||
18 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
19 | of the Clerks of Courts Act.
| ||||||
20 | (k) Any offender who is sentenced to probation or | ||||||
21 | conditional discharge for a felony sex offense as defined in | ||||||
22 | the Sex Offender Management Board Act or any offense that the | ||||||
23 | court or probation department has determined to be sexually | ||||||
24 | motivated as defined in the Sex Offender Management Board Act | ||||||
25 | shall be required to refrain from any contact, directly or | ||||||
26 | indirectly, with any persons specified by the court and shall |
| |||||||
| |||||||
1 | be available for all evaluations and treatment programs | ||||||
2 | required by the court or the probation department.
| ||||||
3 | (l) (Blank) The court may order an offender who is | ||||||
4 | sentenced to probation or conditional
discharge for a violation | ||||||
5 | of an order of protection be placed under electronic | ||||||
6 | surveillance as provided in Section 5-8A-7 of this Code . | ||||||
7 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
8 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
9 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. | ||||||
10 | 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised | ||||||
11 | 10-20-08.)
| ||||||
12 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||||||
13 | (Text of Section after amendment by P.A. 95-1052 )
| ||||||
14 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
15 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
16 | sentence of county impact
incarceration - Hearing.
| ||||||
17 | (a) Except in cases where
conditional discharge or | ||||||
18 | supervision was imposed for a petty offense as
defined in | ||||||
19 | Section 5-1-17, when a petition is filed charging a violation | ||||||
20 | of
a condition, the court may:
| ||||||
21 | (1) in the case of probation violations, order the | ||||||
22 | issuance of a notice
to the offender to be present by the | ||||||
23 | County Probation Department or such
other agency | ||||||
24 | designated by the court to handle probation matters; and in
| ||||||
25 | the case of conditional discharge or supervision |
| |||||||
| |||||||
1 | violations, such notice
to the offender shall be issued by | ||||||
2 | the Circuit Court Clerk;
and in the case of a violation of | ||||||
3 | a sentence of county impact incarceration,
such notice | ||||||
4 | shall be issued by the Sheriff;
| ||||||
5 | (2) order a summons to the offender to be present for | ||||||
6 | hearing; or
| ||||||
7 | (3) order a warrant for the offender's arrest where | ||||||
8 | there is danger of
his fleeing the jurisdiction or causing | ||||||
9 | serious harm to others or when the
offender fails to answer | ||||||
10 | a summons or notice from the clerk of the court or
Sheriff.
| ||||||
11 | Personal service of the petition for violation of probation | ||||||
12 | or
the issuance of such warrant, summons or notice shall toll | ||||||
13 | the period of
probation, conditional discharge, supervision, | ||||||
14 | or sentence of
county impact incarceration until
the final | ||||||
15 | determination of the charge, and the term of probation,
| ||||||
16 | conditional discharge, supervision, or sentence of county | ||||||
17 | impact
incarceration shall not run until the hearing and
| ||||||
18 | disposition of the petition for violation.
| ||||||
19 | (b) The court shall conduct a hearing of the alleged | ||||||
20 | violation. The
court shall admit the offender to bail pending | ||||||
21 | the hearing unless the
alleged violation is itself a criminal | ||||||
22 | offense in which case the
offender shall be admitted to bail on | ||||||
23 | such terms as are provided in the
Code of Criminal Procedure of | ||||||
24 | 1963, as amended. In any case where an
offender remains | ||||||
25 | incarcerated only as a result of his alleged violation of
the | ||||||
26 | court's earlier order of probation, supervision, conditional
|
| |||||||
| |||||||
1 | discharge, or county impact incarceration such hearing shall be | ||||||
2 | held within
14 days of the onset of
said incarceration, unless | ||||||
3 | the alleged violation is the commission of
another offense by | ||||||
4 | the offender during the period of probation, supervision
or | ||||||
5 | conditional discharge in which case such hearing shall be held | ||||||
6 | within
the time limits described in Section 103-5 of the Code | ||||||
7 | of Criminal
Procedure of 1963, as amended.
| ||||||
8 | (c) The State has the burden of going forward with the | ||||||
9 | evidence and
proving the violation by the preponderance of the | ||||||
10 | evidence. The evidence
shall be presented in open court with | ||||||
11 | the right of confrontation,
cross-examination, and | ||||||
12 | representation by counsel.
| ||||||
13 | (d) Probation, conditional discharge, periodic | ||||||
14 | imprisonment and
supervision shall not be revoked for failure | ||||||
15 | to comply with conditions
of a sentence or supervision, which | ||||||
16 | imposes financial obligations upon the
offender unless such | ||||||
17 | failure is due to his willful refusal to pay.
| ||||||
18 | (e) If the court finds that the offender has violated a | ||||||
19 | condition at
any time prior to the expiration or termination of | ||||||
20 | the period, it may
continue him on the existing sentence, with | ||||||
21 | or without modifying or
enlarging the conditions, or may impose | ||||||
22 | any other sentence that was
available under Article 4.5 of | ||||||
23 | Chapter V of this Code or Section 11-501 of the Illinois | ||||||
24 | Vehicle Code at the time of initial sentencing.
If the court | ||||||
25 | finds that the person has failed to successfully complete his | ||||||
26 | or
her sentence to a county impact incarceration program, the |
| |||||||
| |||||||
1 | court may impose any
other sentence that was available under | ||||||
2 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
3 | Illinois Vehicle Code at the time of initial
sentencing,
except | ||||||
4 | for a sentence of probation or conditional discharge. If the | ||||||
5 | court finds that the offender has violated paragraph (8.6) of | ||||||
6 | subsection (a) of Section 5-6-3, the court shall revoke the | ||||||
7 | probation of the offender. If the court finds that the offender | ||||||
8 | has violated subsection (o) of Section 5-6-3.1, the court shall | ||||||
9 | revoke the supervision of the offender.
| ||||||
10 | (f) The conditions of probation, of conditional discharge, | ||||||
11 | of
supervision, or of a sentence of county impact incarceration | ||||||
12 | may be
modified by the court on motion of the supervising | ||||||
13 | agency or on its own motion or at the request of the offender | ||||||
14 | after
notice and a hearing.
| ||||||
15 | (g) A judgment revoking supervision, probation, | ||||||
16 | conditional
discharge, or a sentence of county impact | ||||||
17 | incarceration is a final
appealable order.
| ||||||
18 | (h) Resentencing after revocation of probation, | ||||||
19 | conditional
discharge, supervision, or a sentence of county | ||||||
20 | impact
incarceration shall be under Article 4. The term on
| ||||||
21 | probation, conditional discharge or supervision shall not be | ||||||
22 | credited by
the court against a sentence of imprisonment or | ||||||
23 | periodic imprisonment
unless the court orders otherwise. The | ||||||
24 | amount of credit to be applied against a sentence of | ||||||
25 | imprisonment or periodic imprisonment when the defendant | ||||||
26 | served a term or partial term of periodic imprisonment shall be |
| |||||||
| |||||||
1 | calculated upon the basis of the actual days spent in | ||||||
2 | confinement rather than the duration of the term.
| ||||||
3 | (i) Instead of filing a violation of probation, conditional | ||||||
4 | discharge,
supervision, or a sentence of county impact | ||||||
5 | incarceration, an agent or
employee of the
supervising agency | ||||||
6 | with the concurrence of his or
her
supervisor may serve on the | ||||||
7 | defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||||||
8 | contain the technical violation or violations involved, the | ||||||
9 | date
or dates of the violation or violations, and the | ||||||
10 | intermediate sanctions to be
imposed. Upon receipt of the | ||||||
11 | Notice, the defendant shall immediately accept or
reject the | ||||||
12 | intermediate sanctions. If the sanctions are accepted, they | ||||||
13 | shall
be imposed immediately. If the intermediate sanctions are | ||||||
14 | rejected or the
defendant does not respond to the Notice, a | ||||||
15 | violation of probation, conditional
discharge, supervision, or | ||||||
16 | a sentence of county impact incarceration
shall be immediately | ||||||
17 | filed with the court. The
State's Attorney and the sentencing | ||||||
18 | court shall be notified of the Notice of
Sanctions. Upon | ||||||
19 | successful completion of the intermediate sanctions, a court
| ||||||
20 | may not revoke probation, conditional discharge, supervision, | ||||||
21 | or a
sentence of county impact incarceration or impose
| ||||||
22 | additional sanctions for the same violation.
A notice of | ||||||
23 | intermediate sanctions may not be issued for any violation of
| ||||||
24 | probation, conditional discharge, supervision, or a sentence | ||||||
25 | of county
impact incarceration which could warrant an
| ||||||
26 | additional, separate felony charge.
The intermediate sanctions |
| |||||||
| |||||||
1 | shall include a term of home detention as provided
in Article | ||||||
2 | 8A of Chapter V of this Code for multiple or repeat violations | ||||||
3 | of
the terms and conditions of a sentence of probation, | ||||||
4 | conditional discharge, or
supervision. | ||||||
5 | (j) When an offender is re-sentenced after revocation of | ||||||
6 | probation that was imposed in combination with a sentence of | ||||||
7 | imprisonment for the same offense, the aggregate of the | ||||||
8 | sentences may not exceed the maximum term authorized under | ||||||
9 | Article 8 of this Chapter.
| ||||||
10 | (Source: P.A. 94-161, eff. 7-11-05; 95-35, eff. 1-1-08; | ||||||
11 | 95-1052, eff. 7-1-09.)
| ||||||
12 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
13 | (Text of Section after amendment by P.A. 95-983 )
| ||||||
14 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
| ||||||
15 | (a) Except as otherwise provided in the statute defining | ||||||
16 | the offense, a
sentence of imprisonment for a felony shall be a | ||||||
17 | determinate sentence set by
the court under this Section, | ||||||
18 | according to the following limitations:
| ||||||
19 | (1) for first degree murder,
| ||||||
20 | (a) a term shall be not less than 20 years
and not | ||||||
21 | more than 60 years, or
| ||||||
22 | (b) if a trier of fact finds beyond a reasonable
| ||||||
23 | doubt that the murder was accompanied by exceptionally
| ||||||
24 | brutal or heinous behavior indicative of wanton | ||||||
25 | cruelty or, except as set forth
in subsection (a)(1)(c) |
| |||||||
| |||||||
1 | of this Section, that any of the aggravating factors
| ||||||
2 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
3 | Code of 1961 are
present, the court may sentence the | ||||||
4 | defendant to a term of natural life
imprisonment, or
| ||||||
5 | (c) the court shall sentence the defendant to a | ||||||
6 | term of natural life
imprisonment when the death | ||||||
7 | penalty is not imposed if the defendant,
| ||||||
8 | (i) has previously been convicted of first | ||||||
9 | degree murder under
any state or federal law, or
| ||||||
10 | (ii) is a person who, at the time of the | ||||||
11 | commission of the murder,
had attained the age of | ||||||
12 | 17 or more and is found guilty of murdering an
| ||||||
13 | individual under 12 years of age; or, irrespective | ||||||
14 | of the defendant's age at
the time of the | ||||||
15 | commission of the offense, is found guilty of | ||||||
16 | murdering more
than one victim, or
| ||||||
17 | (iii) is found guilty of murdering a peace | ||||||
18 | officer, fireman, or emergency management worker | ||||||
19 | when
the peace officer, fireman, or emergency | ||||||
20 | management worker was killed in the course of | ||||||
21 | performing his
official duties, or to prevent the | ||||||
22 | peace officer or fireman from
performing his | ||||||
23 | official duties, or in retaliation for the peace | ||||||
24 | officer,
fireman, or emergency management worker | ||||||
25 | from performing his official duties, and the | ||||||
26 | defendant knew or should
have known that the |
| |||||||
| |||||||
1 | murdered individual was a peace officer, fireman, | ||||||
2 | or emergency management worker, or
| ||||||
3 | (iv) is found guilty of murdering an employee | ||||||
4 | of an institution or
facility of the Department of | ||||||
5 | Corrections, or any similar local
correctional | ||||||
6 | agency, when the employee was killed in the course | ||||||
7 | of
performing his official duties, or to prevent | ||||||
8 | the employee from performing
his official duties, | ||||||
9 | or in retaliation for the employee performing his
| ||||||
10 | official duties, or
| ||||||
11 | (v) is found guilty of murdering an emergency | ||||||
12 | medical
technician - ambulance, emergency medical | ||||||
13 | technician - intermediate, emergency
medical | ||||||
14 | technician - paramedic, ambulance driver or other | ||||||
15 | medical assistance or
first aid person while | ||||||
16 | employed by a municipality or other governmental | ||||||
17 | unit
when the person was killed in the course of | ||||||
18 | performing official duties or
to prevent the | ||||||
19 | person from performing official duties or in | ||||||
20 | retaliation
for performing official duties and the | ||||||
21 | defendant knew or should have known
that the | ||||||
22 | murdered individual was an emergency medical | ||||||
23 | technician - ambulance,
emergency medical | ||||||
24 | technician - intermediate, emergency medical
| ||||||
25 | technician - paramedic, ambulance driver, or other | ||||||
26 | medical
assistant or first aid personnel, or
|
| |||||||
| |||||||
1 | (vi) is a person who, at the time of the | ||||||
2 | commission of the murder,
had not attained the age | ||||||
3 | of 17, and is found guilty of murdering a person | ||||||
4 | under
12 years of age and the murder is committed | ||||||
5 | during the course of aggravated
criminal sexual | ||||||
6 | assault, criminal sexual assault, or aggravated | ||||||
7 | kidnaping,
or
| ||||||
8 | (vii) is found guilty of first degree murder | ||||||
9 | and the murder was
committed by reason of any | ||||||
10 | person's activity as a community policing | ||||||
11 | volunteer
or to prevent any person from engaging in | ||||||
12 | activity as a community policing
volunteer. For | ||||||
13 | the purpose of this Section, "community policing | ||||||
14 | volunteer"
has the meaning ascribed to it in | ||||||
15 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
16 | For purposes of clause (v), "emergency medical | ||||||
17 | technician - ambulance",
"emergency medical technician - | ||||||
18 | intermediate", "emergency medical technician -
| ||||||
19 | paramedic", have the meanings ascribed to them in the | ||||||
20 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
21 | (d) (i) if the person committed the offense while | ||||||
22 | armed with a
firearm, 15 years shall be added to | ||||||
23 | the term of imprisonment imposed by the
court;
| ||||||
24 | (ii) if, during the commission of the offense, | ||||||
25 | the person
personally discharged a firearm, 20 | ||||||
26 | years shall be added to the term of
imprisonment |
| |||||||
| |||||||
1 | imposed by the court;
| ||||||
2 | (iii) if, during the commission of the | ||||||
3 | offense, the person
personally discharged a | ||||||
4 | firearm that proximately caused great bodily harm,
| ||||||
5 | permanent disability, permanent disfigurement, or | ||||||
6 | death to another person, 25
years or up to a term | ||||||
7 | of natural life shall be added to the term of
| ||||||
8 | imprisonment imposed by the court.
| ||||||
9 | (1.5) for second degree murder, a term shall be not | ||||||
10 | less than 4 years
and not more than 20 years;
| ||||||
11 | (2) for a person adjudged a habitual criminal under | ||||||
12 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
13 | sentence shall be a term of
natural life imprisonment;
| ||||||
14 | (2.5) for a person convicted under the circumstances | ||||||
15 | described in
paragraph (3) of subsection (b) of Section | ||||||
16 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
17 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
18 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
19 | Criminal Code of 1961, the sentence shall be a term of | ||||||
20 | natural life
imprisonment;
| ||||||
21 | (3) except as otherwise provided in the statute | ||||||
22 | defining the
offense, for a Class X felony, the sentence | ||||||
23 | shall be not less than 6
years and not more than 30 years;
| ||||||
24 | (4) for a Class 1 felony, other than second degree | ||||||
25 | murder, the sentence
shall be not less than 4 years and not | ||||||
26 | more than 15 years;
|
| |||||||
| |||||||
1 | (5) for a Class 2 felony, the sentence shall be not | ||||||
2 | less than 3
years and not more than 7 years;
| ||||||
3 | (6) for a Class 3 felony, the sentence shall be not | ||||||
4 | less than 2
years and not more than 5 years;
| ||||||
5 | (7) for a Class 4 felony, the sentence shall be not | ||||||
6 | less than 1 year
and not more than 3 years.
| ||||||
7 | (b) The sentencing judge in each felony conviction shall | ||||||
8 | set forth
his reasons for imposing the particular sentence he | ||||||
9 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
10 | Those reasons may include
any mitigating or aggravating factors | ||||||
11 | specified in this Code, or the
lack of any such circumstances, | ||||||
12 | as well as any other such factors as the
judge shall set forth | ||||||
13 | on the record that are consistent with the
purposes and | ||||||
14 | principles of sentencing set out in this Code.
| ||||||
15 | (c) A motion to reduce a sentence may be made, or the court | ||||||
16 | may reduce
a sentence without motion, within 30 days after the | ||||||
17 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
18 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
19 | be made by a written motion filed within 30 days
following the | ||||||
20 | imposition of sentence. However, the court may not increase a
| ||||||
21 | sentence once it is imposed.
| ||||||
22 | If a motion filed pursuant to this subsection is timely | ||||||
23 | filed within 30 days
after the sentence is imposed, the | ||||||
24 | proponent of the motion shall exercise due
diligence in seeking | ||||||
25 | a determination on the motion and the court shall
thereafter | ||||||
26 | decide such motion within a reasonable time.
|
| |||||||
| |||||||
1 | If a motion filed pursuant to this subsection is timely | ||||||
2 | filed within 30 days
after the sentence is imposed, then for | ||||||
3 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
4 | considered to have been entered until the motion to
reduce a | ||||||
5 | sentence has been decided by order entered by the trial court.
| ||||||
6 | A motion filed pursuant to this subsection shall not be | ||||||
7 | considered to have
been timely
filed unless it is filed with | ||||||
8 | the circuit court clerk within 30 days after
the sentence is | ||||||
9 | imposed together with a notice of motion, which notice of
| ||||||
10 | motion shall set the motion on the court's calendar on a date | ||||||
11 | certain within
a reasonable time after the date of filing.
| ||||||
12 | (d) Except where a term of natural life is imposed, every | ||||||
13 | sentence
shall include as though written therein a term in | ||||||
14 | addition to the term
of imprisonment. For those sentenced under | ||||||
15 | the law in effect prior to
February 1, 1978, such term shall be | ||||||
16 | identified as a parole
term. For those sentenced on or after | ||||||
17 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
18 | supervised release term. Subject to
earlier termination under | ||||||
19 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
20 | shall be as follows:
| ||||||
21 | (1) for first degree murder or a Class X felony except | ||||||
22 | for the offenses of predatory criminal sexual assault of a | ||||||
23 | child, aggravated criminal sexual assault, and criminal | ||||||
24 | sexual assault if committed on or after the effective date | ||||||
25 | of this amendatory Act of the 94th General Assembly and | ||||||
26 | except for the offense of aggravated child pornography |
| |||||||
| |||||||
1 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
2 | committed on or after January 1, 2009, 3 years;
| ||||||
3 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
4 | the offense of criminal sexual assault if committed on or | ||||||
5 | after the effective date of this amendatory Act of the 94th | ||||||
6 | General Assembly and except for the offenses of manufacture | ||||||
7 | and dissemination of child pornography under clauses | ||||||
8 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
9 | of 1961, if committed on or after January 1, 2009, 2 years;
| ||||||
10 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
11 | (4) for defendants who commit the offense of predatory | ||||||
12 | criminal sexual assault of a child, aggravated criminal | ||||||
13 | sexual assault, or criminal sexual assault, on or after the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly, or who commit the offense of aggravated child | ||||||
16 | pornography, manufacture of child pornography, or | ||||||
17 | dissemination of child pornography after January 1, 2009, | ||||||
18 | the term of mandatory supervised release shall range from a | ||||||
19 | minimum of 3 years to a maximum of the natural life of the | ||||||
20 | defendant;
| ||||||
21 | (5) if the victim is under 18 years of age, for a | ||||||
22 | second or subsequent
offense of aggravated criminal sexual | ||||||
23 | abuse or felony criminal sexual abuse,
4 years , at least | ||||||
24 | the first 2 years of which the defendant shall serve in an
| ||||||
25 | electronic home detention program under Article 8A of | ||||||
26 | Chapter V of this Code .
|
| |||||||
| |||||||
1 | (e) A defendant who has a previous and unexpired sentence | ||||||
2 | of
imprisonment imposed by another state or by any district | ||||||
3 | court of the
United States and who, after sentence for a
crime | ||||||
4 | in Illinois, must return to serve the unexpired prior sentence | ||||||
5 | may
have his sentence by the Illinois court ordered to be | ||||||
6 | concurrent with
the prior sentence in the other state. The | ||||||
7 | court may order that any time
served on the unexpired portion | ||||||
8 | of the sentence in the other state,
prior to his return to | ||||||
9 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
10 | state shall be furnished with a copy of the order
imposing | ||||||
11 | sentence which shall provide that, when the offender is
| ||||||
12 | released from confinement of the other state, whether by parole | ||||||
13 | or by
termination of sentence, the offender shall be | ||||||
14 | transferred by the
Sheriff of the committing county to the | ||||||
15 | Illinois Department of
Corrections. The court shall cause the | ||||||
16 | Department of Corrections to be
notified of such sentence at | ||||||
17 | the time of commitment and to be provided
with copies of all | ||||||
18 | records regarding the sentence.
| ||||||
19 | (f) A defendant who has a previous and unexpired sentence | ||||||
20 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
21 | crime in this State and who is
subsequently sentenced to a term | ||||||
22 | of imprisonment by another state or by
any district court of | ||||||
23 | the United States and who has served a term of
imprisonment | ||||||
24 | imposed by the other state or district court of the United
| ||||||
25 | States, and must return to serve the unexpired prior sentence | ||||||
26 | imposed by
the Illinois Circuit Court may apply to the court |
| |||||||
| |||||||
1 | which imposed sentence to
have his sentence reduced.
| ||||||
2 | The circuit court may order that any time served on the | ||||||
3 | sentence imposed
by the other state or district court of the | ||||||
4 | United States be credited on
his Illinois sentence. Such | ||||||
5 | application for reduction of a sentence under
this subsection | ||||||
6 | (f) shall be made within 30 days after the defendant has
| ||||||
7 | completed the sentence imposed by the other state or district | ||||||
8 | court of the
United States.
| ||||||
9 | (g) On and after the effective date of this amendatory Act | ||||||
10 | of the 96th General Assembly, a person charged with or | ||||||
11 | convicted of an offense may not be placed in an electronic home | ||||||
12 | detention program. | ||||||
13 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
14 | 94-715, eff. 12-13-05; 95-983, eff. 6-1-09.)
| ||||||
15 | (Text of Section after amendment by P.A. 95-1052 ) | ||||||
16 | Sec. 5-8-1. Natural life imprisonment; mandatory | ||||||
17 | supervised release.
| ||||||
18 | (a) Except as otherwise provided in the statute defining | ||||||
19 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
20 | imprisonment for a felony shall be a determinate sentence set | ||||||
21 | by
the court under this Section, according to the following | ||||||
22 | limitations:
| ||||||
23 | (1) for first degree murder,
| ||||||
24 | (a) (blank),
| ||||||
25 | (b) if a trier of fact finds beyond a reasonable
|
| |||||||
| |||||||
1 | doubt that the murder was accompanied by exceptionally
| ||||||
2 | brutal or heinous behavior indicative of wanton | ||||||
3 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
4 | of this Section, that any of the aggravating factors
| ||||||
5 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
6 | Code of 1961 are
present, the court may sentence the | ||||||
7 | defendant to a term of natural life
imprisonment, or
| ||||||
8 | (c) the court shall sentence the defendant to a | ||||||
9 | term of natural life
imprisonment when the death | ||||||
10 | penalty is not imposed if the defendant,
| ||||||
11 | (i) has previously been convicted of first | ||||||
12 | degree murder under
any state or federal law, or
| ||||||
13 | (ii) is a person who, at the time of the | ||||||
14 | commission of the murder,
had attained the age of | ||||||
15 | 17 or more and is found guilty of murdering an
| ||||||
16 | individual under 12 years of age; or, irrespective | ||||||
17 | of the defendant's age at
the time of the | ||||||
18 | commission of the offense, is found guilty of | ||||||
19 | murdering more
than one victim, or
| ||||||
20 | (iii) is found guilty of murdering a peace | ||||||
21 | officer, fireman, or emergency management worker | ||||||
22 | when
the peace officer, fireman, or emergency | ||||||
23 | management worker was killed in the course of | ||||||
24 | performing his
official duties, or to prevent the | ||||||
25 | peace officer or fireman from
performing his | ||||||
26 | official duties, or in retaliation for the peace |
| |||||||
| |||||||
1 | officer,
fireman, or emergency management worker | ||||||
2 | from performing his official duties, and the | ||||||
3 | defendant knew or should
have known that the | ||||||
4 | murdered individual was a peace officer, fireman, | ||||||
5 | or emergency management worker, or
| ||||||
6 | (iv) is found guilty of murdering an employee | ||||||
7 | of an institution or
facility of the Department of | ||||||
8 | Corrections, or any similar local
correctional | ||||||
9 | agency, when the employee was killed in the course | ||||||
10 | of
performing his official duties, or to prevent | ||||||
11 | the employee from performing
his official duties, | ||||||
12 | or in retaliation for the employee performing his
| ||||||
13 | official duties, or
| ||||||
14 | (v) is found guilty of murdering an emergency | ||||||
15 | medical
technician - ambulance, emergency medical | ||||||
16 | technician - intermediate, emergency
medical | ||||||
17 | technician - paramedic, ambulance driver or other | ||||||
18 | medical assistance or
first aid person while | ||||||
19 | employed by a municipality or other governmental | ||||||
20 | unit
when the person was killed in the course of | ||||||
21 | performing official duties or
to prevent the | ||||||
22 | person from performing official duties or in | ||||||
23 | retaliation
for performing official duties and the | ||||||
24 | defendant knew or should have known
that the | ||||||
25 | murdered individual was an emergency medical | ||||||
26 | technician - ambulance,
emergency medical |
| |||||||
| |||||||
1 | technician - intermediate, emergency medical
| ||||||
2 | technician - paramedic, ambulance driver, or other | ||||||
3 | medical
assistant or first aid personnel, or
| ||||||
4 | (vi) is a person who, at the time of the | ||||||
5 | commission of the murder,
had not attained the age | ||||||
6 | of 17, and is found guilty of murdering a person | ||||||
7 | under
12 years of age and the murder is committed | ||||||
8 | during the course of aggravated
criminal sexual | ||||||
9 | assault, criminal sexual assault, or aggravated | ||||||
10 | kidnaping,
or
| ||||||
11 | (vii) is found guilty of first degree murder | ||||||
12 | and the murder was
committed by reason of any | ||||||
13 | person's activity as a community policing | ||||||
14 | volunteer
or to prevent any person from engaging in | ||||||
15 | activity as a community policing
volunteer. For | ||||||
16 | the purpose of this Section, "community policing | ||||||
17 | volunteer"
has the meaning ascribed to it in | ||||||
18 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
19 | For purposes of clause (v), "emergency medical | ||||||
20 | technician - ambulance",
"emergency medical technician - | ||||||
21 | intermediate", "emergency medical technician -
| ||||||
22 | paramedic", have the meanings ascribed to them in the | ||||||
23 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
24 | (d) (i) if the person committed the offense while | ||||||
25 | armed with a
firearm, 15 years shall be added to | ||||||
26 | the term of imprisonment imposed by the
court;
|
| |||||||
| |||||||
1 | (ii) if, during the commission of the offense, | ||||||
2 | the person
personally discharged a firearm, 20 | ||||||
3 | years shall be added to the term of
imprisonment | ||||||
4 | imposed by the court;
| ||||||
5 | (iii) if, during the commission of the | ||||||
6 | offense, the person
personally discharged a | ||||||
7 | firearm that proximately caused great bodily harm,
| ||||||
8 | permanent disability, permanent disfigurement, or | ||||||
9 | death to another person, 25
years or up to a term | ||||||
10 | of natural life shall be added to the term of
| ||||||
11 | imprisonment imposed by the court.
| ||||||
12 | (2) (blank);
| ||||||
13 | (2.5) for a person convicted under the circumstances | ||||||
14 | described in
paragraph (3) of subsection (b) of Section | ||||||
15 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
16 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
17 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
18 | Criminal Code of 1961, the sentence shall be a term of | ||||||
19 | natural life
imprisonment.
| ||||||
20 | (b) (Blank.)
| ||||||
21 | (c) (Blank.)
| ||||||
22 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
23 | parole or mandatory
supervised release term shall be as | ||||||
24 | follows:
| ||||||
25 | (1) for first degree murder or a Class X felony except | ||||||
26 | for the offenses of predatory criminal sexual assault of a |
| |||||||
| |||||||
1 | child, aggravated criminal sexual assault, and criminal | ||||||
2 | sexual assault if committed on or after the effective date | ||||||
3 | of this amendatory Act of the 94th General Assembly and | ||||||
4 | except for the offense of aggravated child pornography | ||||||
5 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
6 | committed on or after January 1, 2009, 3 years;
| ||||||
7 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
8 | the offense of criminal sexual assault if committed on or | ||||||
9 | after the effective date of this amendatory Act of the 94th | ||||||
10 | General Assembly and except for the offenses of manufacture | ||||||
11 | and dissemination of child pornography under clauses | ||||||
12 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
13 | of 1961, if committed on or after January 1, 2009, 2 years;
| ||||||
14 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
15 | (4) for defendants who commit the offense of predatory | ||||||
16 | criminal sexual assault of a child, aggravated criminal | ||||||
17 | sexual assault, or criminal sexual assault, on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly, or who commit the offense of aggravated child | ||||||
20 | pornography, manufacture of child pornography, or | ||||||
21 | dissemination of child pornography after January 1, 2009, | ||||||
22 | the term of mandatory supervised release shall range from a | ||||||
23 | minimum of 3 years to a maximum of the natural life of the | ||||||
24 | defendant;
| ||||||
25 | (5) if the victim is under 18 years of age, for a | ||||||
26 | second or subsequent
offense of aggravated criminal sexual |
| |||||||
| |||||||
1 | abuse or felony criminal sexual abuse,
4 years , at least | ||||||
2 | the first 2 years of which the defendant shall serve in an
| ||||||
3 | electronic home detention program under Article 8A of | ||||||
4 | Chapter V of this Code .
| ||||||
5 | (e) (Blank.)
| ||||||
6 | (f) (Blank.)
| ||||||
7 | (g) On and after the effective date of this amendatory Act | ||||||
8 | of the 96th General Assembly, a person charged with or | ||||||
9 | convicted of an offense may not be placed in an electronic home | ||||||
10 | detention program. | ||||||
11 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
12 | 94-715, eff. 12-13-05; 95-983, eff. 6-1-09; 95-1052, eff. | ||||||
13 | 7-1-09.) | ||||||
14 | (730 ILCS 5/Ch. V Art. 8A rep.)
| ||||||
15 | Section 50. The Unified Code of Corrections is amended by | ||||||
16 | repealing Article 8A of Chapter V. | ||||||
17 | Section 55. The Probation and Probation Officers Act is | ||||||
18 | amended by changing Section 15 as follows:
| ||||||
19 | (730 ILCS 110/15) (from Ch. 38, par. 204-7)
| ||||||
20 | Sec. 15. (1) The Supreme Court of Illinois may establish a | ||||||
21 | Division of
Probation Services whose purpose shall be the | ||||||
22 | development, establishment,
promulgation, and enforcement of | ||||||
23 | uniform standards for probation services in
this State, and to |
| |||||||
| |||||||
1 | otherwise carry out the intent of this Act. The Division
may:
| ||||||
2 | (a) establish qualifications for chief probation | ||||||
3 | officers and other
probation and court services personnel | ||||||
4 | as to hiring, promotion, and training.
| ||||||
5 | (b) make available, on a timely basis, lists of those | ||||||
6 | applicants whose
qualifications meet the regulations | ||||||
7 | referred to herein, including on said
lists all candidates | ||||||
8 | found qualified.
| ||||||
9 | (c) establish a means of verifying the conditions for | ||||||
10 | reimbursement
under this Act and develop criteria for | ||||||
11 | approved costs for reimbursement.
| ||||||
12 | (d) develop standards and approve employee | ||||||
13 | compensation schedules for
probation and court services | ||||||
14 | departments.
| ||||||
15 | (e) employ sufficient personnel in the Division to | ||||||
16 | carry out the
functions of the Division.
| ||||||
17 | (f) establish a system of training and establish | ||||||
18 | standards for personnel
orientation and training.
| ||||||
19 | (g) develop standards for a system of record keeping | ||||||
20 | for cases and
programs, gather statistics, establish a | ||||||
21 | system of uniform forms, and
develop research for planning | ||||||
22 | of Probation
Services.
| ||||||
23 | (h) develop standards to assure adequate support | ||||||
24 | personnel, office
space, equipment and supplies, travel | ||||||
25 | expenses, and other essential items
necessary for | ||||||
26 | Probation and Court Services
Departments to carry out their
|
| |||||||
| |||||||
1 | duties.
| ||||||
2 | (i) review and approve annual plans submitted by
| ||||||
3 | Probation and Court
Services Departments.
| ||||||
4 | (j) monitor and evaluate all programs operated by
| ||||||
5 | Probation and Court
Services Departments, and may include | ||||||
6 | in the program evaluation criteria
such factors as the | ||||||
7 | percentage of Probation sentences for felons convicted
of | ||||||
8 | Probationable offenses.
| ||||||
9 | (k) seek the cooperation of local and State government | ||||||
10 | and private
agencies to improve the quality of probation | ||||||
11 | and
court services.
| ||||||
12 | (l) where appropriate, establish programs and | ||||||
13 | corresponding standards
designed to generally improve the | ||||||
14 | quality of
probation and court services
and reduce the rate | ||||||
15 | of adult or juvenile offenders committed to the
Department | ||||||
16 | of Corrections.
| ||||||
17 | (m) establish such other standards and regulations and | ||||||
18 | do all acts
necessary to carry out the intent and purposes | ||||||
19 | of this Act.
| ||||||
20 | (n) (Blank) develop standards to implement the | ||||||
21 | Domestic Violence Surveillance Program established under | ||||||
22 | Section 5-8A-7 of the Unified Code of Corrections including | ||||||
23 | (i) procurement of equipment and other services necessary | ||||||
24 | to implement the program and (ii) development of uniform | ||||||
25 | standards for the delivery of the program through county | ||||||
26 | probation departments . |
| |||||||
| |||||||
1 | The Division shall establish a model list of structured | ||||||
2 | intermediate
sanctions that may be imposed by a probation | ||||||
3 | agency for violations of terms and
conditions of a sentence of | ||||||
4 | probation, conditional discharge, or supervision.
| ||||||
5 | The State of Illinois shall provide for the costs of | ||||||
6 | personnel, travel,
equipment, telecommunications, postage, | ||||||
7 | commodities, printing, space,
contractual services and other | ||||||
8 | related costs necessary to carry out the
intent of this Act.
| ||||||
9 | (2) (a) The chief judge of each circuit shall provide
| ||||||
10 | full-time probation services for all counties
within the | ||||||
11 | circuit, in a
manner consistent with the annual probation plan,
| ||||||
12 | the standards, policies,
and regulations established by the | ||||||
13 | Supreme Court. A
probation district of
two or more counties | ||||||
14 | within a circuit may be created for the purposes of
providing | ||||||
15 | full-time probation services. Every
county or group of
counties | ||||||
16 | within a circuit shall maintain a
probation department which | ||||||
17 | shall
be under the authority of the Chief Judge of the circuit | ||||||
18 | or some other
judge designated by the Chief Judge. The Chief | ||||||
19 | Judge, through the
Probation and Court Services Department | ||||||
20 | shall
submit annual plans to the
Division for probation and | ||||||
21 | related services.
| ||||||
22 | (b) The Chief Judge of each circuit shall appoint the Chief
| ||||||
23 | Probation
Officer and all other probation officers for his
or | ||||||
24 | her circuit from lists
of qualified applicants supplied by the | ||||||
25 | Supreme Court. Candidates for chief
managing officer and other | ||||||
26 | probation officer
positions must apply with both
the Chief |
| |||||||
| |||||||
1 | Judge of the circuit and the Supreme Court.
| ||||||
2 | (3) A Probation and Court Service Department
shall apply to | ||||||
3 | the
Supreme Court for funds for basic services, and may apply | ||||||
4 | for funds for new
and expanded programs or Individualized | ||||||
5 | Services and Programs. Costs shall
be reimbursed monthly based | ||||||
6 | on a plan and budget approved by the Supreme
Court. No | ||||||
7 | Department may be reimbursed for costs which exceed or are not
| ||||||
8 | provided for in the approved annual plan and budget. After the | ||||||
9 | effective
date of this amendatory Act of 1985, each county must | ||||||
10 | provide basic
services in accordance with the annual plan and | ||||||
11 | standards created by the
division. No department may receive | ||||||
12 | funds for new or expanded programs or
individualized services | ||||||
13 | and programs unless they are in compliance with
standards as | ||||||
14 | enumerated in paragraph (h) of subsection (1) of this Section,
| ||||||
15 | the annual plan, and standards for basic services.
| ||||||
16 | (4) The Division shall reimburse the county or counties for
| ||||||
17 | probation
services as follows:
| ||||||
18 | (a) 100% of the salary of all chief managing officers | ||||||
19 | designated as such
by the Chief Judge and the division.
| ||||||
20 | (b) 100% of the salary for all probation
officer and | ||||||
21 | supervisor
positions approved for reimbursement by the | ||||||
22 | division after April 1, 1984,
to meet workload standards | ||||||
23 | and to implement intensive sanction and
probation
| ||||||
24 | supervision
programs and other basic services as defined in | ||||||
25 | this Act.
| ||||||
26 | (c) 100% of the salary for all secure detention |
| |||||||
| |||||||
1 | personnel and non-secure
group home personnel approved for | ||||||
2 | reimbursement after December 1, 1990.
For all such | ||||||
3 | positions approved for reimbursement
before
December 1, | ||||||
4 | 1990, the counties shall be reimbursed $1,250 per month | ||||||
5 | beginning
July 1, 1995, and an additional $250 per month | ||||||
6 | beginning each July 1st
thereafter until the positions | ||||||
7 | receive 100% salary reimbursement.
Allocation of such | ||||||
8 | positions will be based on comparative need considering
| ||||||
9 | capacity, staff/resident ratio, physical plant and | ||||||
10 | program.
| ||||||
11 | (d) $1,000 per month for salaries for the remaining
| ||||||
12 | probation officer
positions engaged in basic services and | ||||||
13 | new or expanded services. All such
positions shall be | ||||||
14 | approved by the division in accordance with this Act and
| ||||||
15 | division standards.
| ||||||
16 | (e) 100% of the travel expenses in accordance with | ||||||
17 | Division standards
for all Probation positions approved | ||||||
18 | under
paragraph (b) of subsection 4
of this Section.
| ||||||
19 | (f) If the amount of funds reimbursed to the county | ||||||
20 | under paragraphs
(a) through (e) of subsection 4 of this | ||||||
21 | Section on an annual basis is less
than the amount the | ||||||
22 | county had received during the 12 month period
immediately | ||||||
23 | prior to the effective date of this amendatory Act of 1985,
| ||||||
24 | then the Division shall reimburse the amount of the | ||||||
25 | difference to the
county. The effect of paragraph (b) of | ||||||
26 | subsection 7 of this Section shall
be considered in |
| |||||||
| |||||||
1 | implementing this supplemental reimbursement provision.
| ||||||
2 | (5) The Division shall provide funds beginning on April 1, | ||||||
3 | 1987 for the
counties to provide Individualized Services and | ||||||
4 | Programs as provided in
Section 16 of this Act.
| ||||||
5 | (6) A Probation and Court Services Department
in order to | ||||||
6 | be eligible
for the reimbursement must submit to the Supreme | ||||||
7 | Court an application
containing such information and in such a | ||||||
8 | form and by such dates as the
Supreme Court may require. | ||||||
9 | Departments to be eligible for funding must
satisfy the | ||||||
10 | following conditions:
| ||||||
11 | (a) The Department shall have on file with the Supreme
| ||||||
12 | Court an annual Probation plan for continuing,
improved, | ||||||
13 | and
new Probation and Court Services Programs
approved by | ||||||
14 | the Supreme Court or its
designee. This plan shall indicate | ||||||
15 | the manner in which
Probation and Court
Services will be | ||||||
16 | delivered and improved, consistent with the minimum
| ||||||
17 | standards and regulations for Probation and Court
| ||||||
18 | Services, as established
by the Supreme Court. In counties | ||||||
19 | with more than one
Probation and Court
Services Department | ||||||
20 | eligible to receive funds, all Departments within that
| ||||||
21 | county must submit plans which are approved by the Supreme | ||||||
22 | Court.
| ||||||
23 | (b) The annual probation plan shall seek to
generally | ||||||
24 | improve the
quality of probation services and to reduce the
| ||||||
25 | commitment of adult offenders to the Department of | ||||||
26 | Corrections and to reduce the
commitment of juvenile |
| |||||||
| |||||||
1 | offenders to the Department of Juvenile Justice and shall | ||||||
2 | require, when
appropriate, coordination with the | ||||||
3 | Department of Corrections, the Department of Juvenile | ||||||
4 | Justice, and the
Department of Children and Family Services | ||||||
5 | in the development and use of
community resources, | ||||||
6 | information systems, case review and permanency
planning | ||||||
7 | systems to avoid the duplication of services.
| ||||||
8 | (c) The Department shall be in compliance with | ||||||
9 | standards developed by the
Supreme Court for basic, new and | ||||||
10 | expanded services, training, personnel
hiring and | ||||||
11 | promotion.
| ||||||
12 | (d) The Department shall in its annual plan indicate | ||||||
13 | the manner in which
it will support the rights of crime | ||||||
14 | victims and in which manner it will
implement Article I, | ||||||
15 | Section 8.1 of the Illinois Constitution and in what
manner | ||||||
16 | it will coordinate crime victims' support services with | ||||||
17 | other criminal
justice agencies within its jurisdiction, | ||||||
18 | including but not limited to, the
State's Attorney, the | ||||||
19 | Sheriff and any municipal police department.
| ||||||
20 | (7) No statement shall be verified by the Supreme Court or | ||||||
21 | its
designee or vouchered by the Comptroller unless each of the | ||||||
22 | following
conditions have been met:
| ||||||
23 | (a) The probation officer is a full-time
employee | ||||||
24 | appointed by the Chief
Judge to provide probation services.
| ||||||
25 | (b) The probation officer, in order to be
eligible for | ||||||
26 | State
reimbursement, is receiving a salary of at least |
| |||||||
| |||||||
1 | $17,000 per year.
| ||||||
2 | (c) The probation officer is appointed or
was | ||||||
3 | reappointed in accordance
with minimum qualifications or | ||||||
4 | criteria established by the Supreme
Court; however, all | ||||||
5 | probation officers appointed
prior to January 1, 1978,
| ||||||
6 | shall be exempted from the minimum requirements | ||||||
7 | established by the Supreme
Court. Payments shall be made to | ||||||
8 | counties employing these exempted
probation officers as | ||||||
9 | long as they are employed
in the position held on the
| ||||||
10 | effective date of this amendatory Act of 1985. Promotions | ||||||
11 | shall be
governed by minimum qualifications established by | ||||||
12 | the Supreme Court.
| ||||||
13 | (d) The Department has an established compensation | ||||||
14 | schedule approved by
the Supreme Court. The compensation | ||||||
15 | schedule shall include salary ranges
with necessary | ||||||
16 | increments to compensate each employee. The increments
| ||||||
17 | shall, within the salary ranges, be based on such factors | ||||||
18 | as bona fide
occupational qualifications, performance, and | ||||||
19 | length of service. Each
position in the Department shall be | ||||||
20 | placed on the compensation schedule
according to job duties | ||||||
21 | and responsibilities of such position. The policy
and | ||||||
22 | procedures of the compensation schedule shall be made | ||||||
23 | available to each
employee.
| ||||||
24 | (8) In order to obtain full reimbursement of all approved | ||||||
25 | costs, each
Department must continue to employ at least the | ||||||
26 | same number of
probation
officers and probation managers as |
| |||||||
| |||||||
1 | were
authorized for employment for the
fiscal year which | ||||||
2 | includes January 1, 1985. This number shall be designated
as | ||||||
3 | the base amount of the Department. No positions approved by the | ||||||
4 | Division
under paragraph (b) of subsection 4 will be included | ||||||
5 | in the base amount.
In the event that the Department employs | ||||||
6 | fewer
Probation officers and
Probation managers than the base | ||||||
7 | amount for a
period of 90 days, funding
received by the | ||||||
8 | Department under subsection 4 of this
Section may be reduced on | ||||||
9 | a monthly basis by the amount of the current
salaries of any | ||||||
10 | positions below the base amount.
| ||||||
11 | (9) Before the 15th day of each month, the treasurer of any | ||||||
12 | county which
has a Probation and Court Services Department, or
| ||||||
13 | the treasurer of the most
populous county, in the case of a | ||||||
14 | Probation or
Court Services Department
funded by more than one | ||||||
15 | county, shall submit an itemized statement of all
approved | ||||||
16 | costs incurred in the delivery of Basic
Probation and Court
| ||||||
17 | Services under this Act to the Supreme Court.
The treasurer may | ||||||
18 | also submit an itemized statement of all approved costs
| ||||||
19 | incurred in the delivery of new and expanded
Probation and | ||||||
20 | Court Services
as well as Individualized Services and Programs. | ||||||
21 | The Supreme Court or
its designee shall verify compliance with | ||||||
22 | this Section and shall examine
and audit the monthly statement | ||||||
23 | and, upon finding them to be correct, shall
forward them to the | ||||||
24 | Comptroller for payment to the county treasurer. In the
case of | ||||||
25 | payment to a treasurer of a county which is the most populous | ||||||
26 | of
counties sharing the salary and expenses of a
Probation and |
| |||||||
| |||||||
1 | Court Services
Department, the treasurer shall divide the money | ||||||
2 | between the counties in a
manner that reflects each county's | ||||||
3 | share of the cost incurred by the
Department.
| ||||||
4 | (10) The county treasurer must certify that funds received | ||||||
5 | under this
Section shall be used solely to maintain and improve
| ||||||
6 | Probation and Court
Services. The county or circuit shall | ||||||
7 | remain in compliance with all
standards, policies and | ||||||
8 | regulations established by the Supreme Court.
If at any time | ||||||
9 | the Supreme Court determines that a county or circuit is not
in | ||||||
10 | compliance, the Supreme Court shall immediately notify the | ||||||
11 | Chief Judge,
county board chairman and the Director of Court | ||||||
12 | Services Chief
Probation Officer. If after 90 days of written
| ||||||
13 | notice the noncompliance
still exists, the Supreme Court shall | ||||||
14 | be required to reduce the amount of
monthly reimbursement by | ||||||
15 | 10%. An additional 10% reduction of monthly
reimbursement shall | ||||||
16 | occur for each consecutive month of noncompliance.
Except as | ||||||
17 | provided in subsection 5 of Section 15, funding to counties | ||||||
18 | shall
commence on April 1, 1986. Funds received under this Act | ||||||
19 | shall be used to
provide for Probation Department expenses
| ||||||
20 | including those required under
Section 13 of this Act. The | ||||||
21 | Mandatory
Arbitration Fund may be used to provide for Probation | ||||||
22 | Department expenses,
including those required under Section 13 | ||||||
23 | of this Act.
| ||||||
24 | (11) The respective counties shall be responsible for | ||||||
25 | capital and space
costs, fringe benefits, clerical costs, | ||||||
26 | equipment, telecommunications,
postage, commodities and |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | printing.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (12) For purposes of this Act only, probation officers | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | shall be
considered
peace officers. In the
exercise of their | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | official duties, probation
officers, sheriffs, and police
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | officers may, anywhere within the State, arrest any probationer | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | who is in
violation of any of the conditions of his or her | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | probation, conditional
discharge, or supervision, and it shall | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | be the
duty of the officer making the arrest to take the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | probationer
before the
Court having jurisdiction over the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | probationer for further order.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 94-91, eff. 7-1-05; 94-696, eff. 6-1-06; 94-839, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | eff. 6-6-06; 95-707, eff. 1-11-08; 95-773, eff. 1-1-09.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | becoming law.
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