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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:
| ||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-6-3 and 5-4-1 as follows:
| ||||||
6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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7 | Sec. 3-6-3. Rules and Regulations for Early Release.
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8 | (a) (1) The Department of Corrections shall prescribe | ||||||
9 | rules
and regulations for the early release on account of | ||||||
10 | good
conduct of persons committed to the Department which | ||||||
11 | shall
be subject to review by the Prisoner Review Board.
| ||||||
12 | (2) The rules and regulations on early release shall | ||||||
13 | provide, with
respect to offenses listed in clause (i), | ||||||
14 | (ii), or (iii) of this paragraph (2) committed on or after | ||||||
15 | June 19, 1998 or with respect to the offense listed in | ||||||
16 | clause (iv) of this paragraph (2) committed on or after | ||||||
17 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
18 | with
respect to offense listed in clause (vi)
committed on | ||||||
19 | or after June 1, 2008 (the effective date of Public Act | ||||||
20 | 95-625)
or with respect to the offense of being an armed | ||||||
21 | habitual criminal committed on or after August 2, 2005 (the | ||||||
22 | effective date of Public Act 94-398) or with respect to the | ||||||
23 | offenses listed in clause (v) of this paragraph (2) |
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1 | committed on or after August 13, 2007 (the effective date | ||||||
2 | of Public Act 95-134), the following:
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3 | (i) that a prisoner who is serving a term of | ||||||
4 | imprisonment for first
degree murder or for the offense | ||||||
5 | of terrorism shall receive no good conduct
credit and | ||||||
6 | shall serve the entire
sentence imposed by the court;
| ||||||
7 | (ii) that a prisoner serving a sentence for attempt | ||||||
8 | to commit first
degree murder, solicitation of murder, | ||||||
9 | solicitation of murder for hire,
intentional homicide | ||||||
10 | of an unborn child, predatory criminal sexual assault | ||||||
11 | of a
child, aggravated criminal sexual assault, | ||||||
12 | criminal sexual assault, aggravated
kidnapping, | ||||||
13 | aggravated battery with a firearm, heinous battery, | ||||||
14 | being an armed habitual criminal, aggravated
battery | ||||||
15 | of a senior citizen, or aggravated battery of a child | ||||||
16 | shall receive no
more than 4.5 days of good conduct | ||||||
17 | credit for each month of his or her sentence
of | ||||||
18 | imprisonment;
| ||||||
19 | (iii) that a prisoner serving a sentence
for home | ||||||
20 | invasion, armed robbery, aggravated vehicular | ||||||
21 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
22 | violence with a category I weapon
or category II | ||||||
23 | weapon, when the court
has made and entered a finding, | ||||||
24 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
25 | Code, that the conduct leading to conviction for the | ||||||
26 | enumerated offense
resulted in great bodily harm to a |
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1 | victim, shall receive no more than 4.5 days
of good | ||||||
2 | conduct credit for each month of his or her sentence of | ||||||
3 | imprisonment;
| ||||||
4 | (iv) that a prisoner serving a sentence for | ||||||
5 | aggravated discharge of a firearm, whether or not the | ||||||
6 | conduct leading to conviction for the offense resulted | ||||||
7 | in great bodily harm to the victim, shall receive no | ||||||
8 | more than 4.5 days of good conduct credit for each | ||||||
9 | month of his or her sentence of imprisonment;
| ||||||
10 | (v) that a person serving a sentence for | ||||||
11 | gunrunning, narcotics racketeering, controlled | ||||||
12 | substance trafficking, methamphetamine trafficking, | ||||||
13 | drug-induced homicide, aggravated | ||||||
14 | methamphetamine-related child endangerment, money | ||||||
15 | laundering pursuant to clause (c) (4) or (5) of Section | ||||||
16 | 29B-1 of the Criminal Code of 1961, or a Class X felony | ||||||
17 | conviction for delivery of a controlled substance, | ||||||
18 | possession of a controlled substance with intent to | ||||||
19 | manufacture or deliver, calculated criminal drug | ||||||
20 | conspiracy, criminal drug conspiracy, street gang | ||||||
21 | criminal drug conspiracy, participation in | ||||||
22 | methamphetamine manufacturing, aggravated | ||||||
23 | participation in methamphetamine manufacturing, | ||||||
24 | delivery of methamphetamine, possession with intent to | ||||||
25 | deliver methamphetamine, aggravated delivery of | ||||||
26 | methamphetamine, aggravated possession with intent to |
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1 | deliver methamphetamine, methamphetamine conspiracy | ||||||
2 | when the substance containing the controlled substance | ||||||
3 | or methamphetamine is 100 grams or more shall receive | ||||||
4 | no more than 7.5 days good conduct credit for each | ||||||
5 | month of his or her sentence of imprisonment; and
| ||||||
6 | (vi)
that a prisoner serving a sentence for a | ||||||
7 | second or subsequent offense of luring a minor shall | ||||||
8 | receive no more than 4.5 days of good conduct credit | ||||||
9 | for each month of his or her sentence of imprisonment.
| ||||||
10 | (2.1) For all offenses, other than those enumerated in | ||||||
11 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
12 | June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||||||
13 | after June 23, 2005 (the effective date of Public Act | ||||||
14 | 94-71) or subdivision (a)(2)(v) committed on or after | ||||||
15 | August 13, 2007 (the effective date of Public Act 95-134)
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16 | or subdivision (a)(2)(vi) committed on or after June 1, | ||||||
17 | 2008 (the effective date of Public Act 95-625), and other | ||||||
18 | than the offense of reckless
homicide as defined in | ||||||
19 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
20 | committed on or after January 1, 1999,
or aggravated | ||||||
21 | driving under the influence of alcohol, other drug or | ||||||
22 | drugs, or
intoxicating compound or compounds, or any | ||||||
23 | combination thereof as defined in
subparagraph (F) of | ||||||
24 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
25 | Illinois Vehicle Code,
and other than the offense of | ||||||
26 | aggravated driving under the influence of alcohol,
other |
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1 | drug or drugs, or intoxicating compound or compounds, or | ||||||
2 | any combination
thereof as defined in subparagraph (C) of | ||||||
3 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
4 | Illinois Vehicle Code committed on or after the effective | ||||||
5 | date of this amendatory Act of the 96th General Assembly, | ||||||
6 | the rules and regulations shall
provide that a prisoner who | ||||||
7 | is serving a term of
imprisonment shall receive one day of | ||||||
8 | good conduct credit for each day of
his or her sentence of | ||||||
9 | imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
10 | of good conduct credit shall reduce by one day the | ||||||
11 | prisoner's period
of imprisonment or recommitment under | ||||||
12 | Section 3-3-9.
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13 | (2.2) A prisoner serving a term of natural life | ||||||
14 | imprisonment or a
prisoner who has been sentenced to death | ||||||
15 | shall receive no good conduct
credit.
| ||||||
16 | (2.3) The rules and regulations on early release shall | ||||||
17 | provide that
a prisoner who is serving a sentence for | ||||||
18 | reckless homicide as defined in
subsection (e) of Section | ||||||
19 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
20 | January 1, 1999, or aggravated driving under the influence | ||||||
21 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
22 | or compounds, or any combination
thereof as defined in | ||||||
23 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
24 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
25 | no more than 4.5
days of good conduct credit for each month | ||||||
26 | of his or her sentence of
imprisonment.
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1 | (2.4) The rules and regulations on early release shall | ||||||
2 | provide with
respect to the offenses of aggravated battery | ||||||
3 | with a machine gun or a firearm
equipped with any device or | ||||||
4 | attachment designed or used for silencing the
report of a | ||||||
5 | firearm or aggravated discharge of a machine gun or a | ||||||
6 | firearm
equipped with any device or attachment designed or | ||||||
7 | used for silencing the
report of a firearm, committed on or | ||||||
8 | after
July 15, 1999 (the effective date of Public Act | ||||||
9 | 91-121),
that a prisoner serving a sentence for any of | ||||||
10 | these offenses shall receive no
more than 4.5 days of good | ||||||
11 | conduct credit for each month of his or her sentence
of | ||||||
12 | imprisonment.
| ||||||
13 | (2.5) The rules and regulations on early release shall | ||||||
14 | provide that a
prisoner who is serving a sentence for | ||||||
15 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
16 | effective date of Public Act 92-176) shall receive no more | ||||||
17 | than
4.5 days of good conduct credit for each month of his | ||||||
18 | or her sentence of
imprisonment.
| ||||||
19 | (2.6) The rules and regulations on early release shall | ||||||
20 | provide that a
prisoner who is serving a sentence for | ||||||
21 | aggravated driving under the influence of alcohol,
other | ||||||
22 | drug or drugs, or intoxicating compound or compounds, or | ||||||
23 | any combination
thereof as defined in subparagraph (C) of | ||||||
24 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
25 | Illinois Vehicle Code committed on or after the effective | ||||||
26 | date of this amendatory Act of the 96th General Assembly, |
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1 | shall receive no more than 4.5
days of good conduct credit | ||||||
2 | for each month of his or her sentence of
imprisonment.
| ||||||
3 | (3) The rules and regulations shall also provide that
| ||||||
4 | the Director may award up to 180 days additional good | ||||||
5 | conduct
credit for meritorious service in specific | ||||||
6 | instances as the
Director deems proper; except that no more | ||||||
7 | than 90 days
of good conduct credit for meritorious service
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8 | shall be awarded to any prisoner who is serving a sentence | ||||||
9 | for
conviction of first degree murder, reckless homicide | ||||||
10 | while under the
influence of alcohol or any other drug,
or | ||||||
11 | aggravated driving under the influence of alcohol, other | ||||||
12 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
13 | any combination thereof as defined in
subparagraph (F) of | ||||||
14 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
15 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
16 | predatory criminal sexual assault of a child,
aggravated | ||||||
17 | criminal sexual assault, criminal sexual assault, deviate | ||||||
18 | sexual
assault, aggravated criminal sexual abuse, | ||||||
19 | aggravated indecent liberties
with a child, indecent | ||||||
20 | liberties with a child, child pornography, heinous
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21 | battery, aggravated battery of a spouse, aggravated | ||||||
22 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
23 | stalking, aggravated battery of a child,
endangering the | ||||||
24 | life or health of a child, or cruelty to a child. | ||||||
25 | Notwithstanding the foregoing, good conduct credit for
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26 | meritorious service shall not be awarded on a
sentence of |
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1 | imprisonment imposed for conviction of: (i) one of the | ||||||
2 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
3 | (iii) when the offense is committed on or after
June 19, | ||||||
4 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
5 | committed on or after June 23, 2005 (the effective date of | ||||||
6 | Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||||||
7 | is committed on or after August 13, 2007 (the effective | ||||||
8 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
9 | the offense is committed on or after June 1, 2008 (the | ||||||
10 | effective date of Public Act 95-625), (ii) reckless | ||||||
11 | homicide as
defined in subsection (e) of Section 9-3 of the | ||||||
12 | Criminal Code of 1961 when
the offense is committed on or | ||||||
13 | after January 1, 1999,
or aggravated driving under the | ||||||
14 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
15 | compound or compounds, or any combination thereof as | ||||||
16 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
17 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
18 | one of the offenses enumerated in subdivision
(a)(2.4) when | ||||||
19 | the offense is committed on or after
July 15, 1999 (the | ||||||
20 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
21 | arson when the offense is committed
on or after July 27, | ||||||
22 | 2001 (the effective date of Public Act 92-176) , or (v) | ||||||
23 | aggravated driving under the influence of alcohol,
other | ||||||
24 | drug or drugs, or intoxicating compound or compounds, or | ||||||
25 | any combination
thereof as defined in subparagraph (C) of | ||||||
26 | paragraph (1) of subsection (d) of
Section 11-501 of the |
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| |||||||
1 | Illinois Vehicle Code committed on or after the effective | ||||||
2 | date of this amendatory Act of the 96th General Assembly .
| ||||||
3 | (4) The rules and regulations shall also provide that | ||||||
4 | the good conduct
credit accumulated and retained under | ||||||
5 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
6 | inmate during specific periods of time in which such
inmate | ||||||
7 | is engaged full-time in substance abuse programs, | ||||||
8 | correctional
industry assignments, or educational programs | ||||||
9 | provided by the Department
under this paragraph (4) and | ||||||
10 | satisfactorily completes the assigned program as
| ||||||
11 | determined by the standards of the Department, shall be | ||||||
12 | multiplied by a factor
of 1.25 for program participation | ||||||
13 | before August 11, 1993
and 1.50 for program participation | ||||||
14 | on or after that date.
However, no inmate shall be eligible | ||||||
15 | for the additional good conduct credit
under this paragraph | ||||||
16 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
17 | boot camp
or electronic detention, or if convicted of an | ||||||
18 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
19 | (iii) of this Section that is committed on or after June | ||||||
20 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
21 | committed on or after June 23, 2005 (the effective date of | ||||||
22 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
23 | that is committed on or after August 13, 2007 (the | ||||||
24 | effective date of Public Act 95-134)
or subdivision | ||||||
25 | (a)(2)(vi) when the offense is committed on or after June | ||||||
26 | 1, 2008 (the effective date of Public Act 95-625), or if |
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1 | convicted of reckless homicide as defined in subsection (e) | ||||||
2 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
3 | is committed on or
after January 1, 1999,
or aggravated | ||||||
4 | driving under the influence of alcohol, other drug or | ||||||
5 | drugs, or
intoxicating compound or compounds, or any | ||||||
6 | combination thereof as defined in
subparagraph (F) of | ||||||
7 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
8 | Illinois Vehicle Code, or if convicted of aggravated | ||||||
9 | driving under the influence of alcohol,
other drug or | ||||||
10 | drugs, or intoxicating compound or compounds, or any | ||||||
11 | combination
thereof as defined in subparagraph (C) of | ||||||
12 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
13 | Illinois Vehicle Code committed on or after the effective | ||||||
14 | date of this amendatory Act of the 96th General Assembly, | ||||||
15 | or if convicted of an offense enumerated in paragraph
| ||||||
16 | (a)(2.4) of this Section that is committed on or after
July | ||||||
17 | 15, 1999 (the effective date of Public Act 91-121),
or | ||||||
18 | first degree murder, a Class X felony, criminal sexual
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19 | assault, felony criminal sexual abuse, aggravated criminal | ||||||
20 | sexual abuse,
aggravated battery with a firearm, or any | ||||||
21 | predecessor or successor offenses
with the same or | ||||||
22 | substantially the same elements, or any inchoate offenses
| ||||||
23 | relating to the foregoing offenses. No inmate shall be | ||||||
24 | eligible for the
additional good conduct credit under this | ||||||
25 | paragraph (4) who (i) has previously
received increased | ||||||
26 | good conduct credit under this paragraph (4) and has
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1 | subsequently been convicted of a
felony, or (ii) has | ||||||
2 | previously served more than one prior sentence of
| ||||||
3 | imprisonment for a felony in an adult correctional | ||||||
4 | facility.
| ||||||
5 | Educational, vocational, substance abuse and | ||||||
6 | correctional
industry programs under which good conduct | ||||||
7 | credit may be increased under
this paragraph (4) and | ||||||
8 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
9 | by the Department on the basis of
documented standards. The | ||||||
10 | Department shall report the results of these
evaluations to | ||||||
11 | the Governor and the General Assembly by September 30th of | ||||||
12 | each
year. The reports shall include data relating to the | ||||||
13 | recidivism rate among
program participants.
| ||||||
14 | Availability of these programs shall be subject to the
| ||||||
15 | limits of fiscal resources appropriated by the General | ||||||
16 | Assembly for these
purposes. Eligible inmates who are | ||||||
17 | denied immediate admission shall be
placed on a waiting | ||||||
18 | list under criteria established by the Department.
The | ||||||
19 | inability of any inmate to become engaged in any such | ||||||
20 | programs
by reason of insufficient program resources or for | ||||||
21 | any other reason
established under the rules and | ||||||
22 | regulations of the Department shall not be
deemed a cause | ||||||
23 | of action under which the Department or any employee or
| ||||||
24 | agent of the Department shall be liable for damages to the | ||||||
25 | inmate.
| ||||||
26 | (4.1) The rules and regulations shall also provide that |
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| |||||||
1 | an additional 60 days of good conduct credit shall be | ||||||
2 | awarded to any prisoner who passes the high school level | ||||||
3 | Test of General Educational Development (GED) while the | ||||||
4 | prisoner is incarcerated. The good conduct credit awarded | ||||||
5 | under this paragraph (4.1) shall be in addition to, and | ||||||
6 | shall not affect, the award of good conduct under any other | ||||||
7 | paragraph of this Section, but shall also be pursuant to | ||||||
8 | the guidelines and restrictions set forth in paragraph (4) | ||||||
9 | of subsection (a) of this Section.
The good conduct credit | ||||||
10 | provided for in this paragraph shall be available only to | ||||||
11 | those prisoners who have not previously earned a high | ||||||
12 | school diploma or a GED. If, after an award of the GED good | ||||||
13 | conduct credit has been made and the Department determines | ||||||
14 | that the prisoner was not eligible, then the award shall be | ||||||
15 | revoked.
| ||||||
16 | (4.5) The rules and regulations on early release shall | ||||||
17 | also provide that
when the court's sentencing order | ||||||
18 | recommends a prisoner for substance abuse treatment and the
| ||||||
19 | crime was committed on or after September 1, 2003 (the | ||||||
20 | effective date of
Public Act 93-354), the prisoner shall | ||||||
21 | receive no good conduct credit awarded under clause (3) of | ||||||
22 | this subsection (a) unless he or she participates in and
| ||||||
23 | completes a substance abuse treatment program. The | ||||||
24 | Director may waive the requirement to participate in or | ||||||
25 | complete a substance abuse treatment program and award the | ||||||
26 | good conduct credit in specific instances if the prisoner |
| |||||||
| |||||||
1 | is not a good candidate for a substance abuse treatment | ||||||
2 | program for medical, programming, or operational reasons. | ||||||
3 | Availability of
substance abuse treatment shall be subject | ||||||
4 | to the limits of fiscal resources
appropriated by the | ||||||
5 | General Assembly for these purposes. If treatment is not
| ||||||
6 | available and the requirement to participate and complete | ||||||
7 | the treatment has not been waived by the Director, the | ||||||
8 | prisoner shall be placed on a waiting list under criteria
| ||||||
9 | established by the Department. The Director may allow a | ||||||
10 | prisoner placed on
a waiting list to participate in and | ||||||
11 | complete a substance abuse education class or attend | ||||||
12 | substance
abuse self-help meetings in lieu of a substance | ||||||
13 | abuse treatment program. A prisoner on a waiting list who | ||||||
14 | is not placed in a substance abuse program prior to release | ||||||
15 | may be eligible for a waiver and receive good conduct | ||||||
16 | credit under clause (3) of this subsection (a) at the | ||||||
17 | discretion of the Director.
| ||||||
18 | (4.6) The rules and regulations on early release shall | ||||||
19 | also provide that a prisoner who has been convicted of a | ||||||
20 | sex offense as defined in Section 2 of the Sex Offender | ||||||
21 | Registration Act shall receive no good conduct credit | ||||||
22 | unless he or she either has successfully completed or is | ||||||
23 | participating in sex offender treatment as defined by the | ||||||
24 | Sex Offender Management Board. However, prisoners who are | ||||||
25 | waiting to receive such treatment, but who are unable to do | ||||||
26 | so due solely to the lack of resources on the part of the |
| |||||||
| |||||||
1 | Department, may, at the Director's sole discretion, be | ||||||
2 | awarded good conduct credit at such rate as the Director | ||||||
3 | shall determine.
| ||||||
4 | (5) Whenever the Department is to release any inmate | ||||||
5 | earlier than it
otherwise would because of a grant of good | ||||||
6 | conduct credit for meritorious
service given at any time | ||||||
7 | during the term, the Department shall give
reasonable | ||||||
8 | advance notice of the impending release to the State's
| ||||||
9 | Attorney of the county where the prosecution of the inmate | ||||||
10 | took place.
| ||||||
11 | (b) Whenever a person is or has been committed under
| ||||||
12 | several convictions, with separate sentences, the sentences
| ||||||
13 | shall be construed under Section 5-8-4 in granting and
| ||||||
14 | forfeiting of good time.
| ||||||
15 | (c) The Department shall prescribe rules and regulations
| ||||||
16 | for revoking good conduct credit, or suspending or reducing
the | ||||||
17 | rate of accumulation of good conduct credit for specific
rule | ||||||
18 | violations, during imprisonment. These rules and regulations
| ||||||
19 | shall provide that no inmate may be penalized more than one
| ||||||
20 | year of good conduct credit for any one infraction.
| ||||||
21 | When the Department seeks to revoke, suspend or reduce
the | ||||||
22 | rate of accumulation of any good conduct credits for
an alleged | ||||||
23 | infraction of its rules, it shall bring charges
therefor | ||||||
24 | against the prisoner sought to be so deprived of
good conduct | ||||||
25 | credits before the Prisoner Review Board as
provided in | ||||||
26 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
| |||||||
| |||||||
1 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
2 | month period, the cumulative amount of
credit revoked exceeds | ||||||
3 | 30 days except where the infraction is committed
or discovered | ||||||
4 | within 60 days of scheduled release. In those cases,
the | ||||||
5 | Department of Corrections may revoke up to 30 days of good | ||||||
6 | conduct credit.
The Board may subsequently approve the | ||||||
7 | revocation of additional good
conduct credit, if the Department | ||||||
8 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
9 | However, the Board shall not be empowered to review the
| ||||||
10 | Department's decision with respect to the loss of 30 days of | ||||||
11 | good conduct
credit within any calendar year for any prisoner | ||||||
12 | or to increase any penalty
beyond the length requested by the | ||||||
13 | Department.
| ||||||
14 | The Director of the Department of Corrections, in | ||||||
15 | appropriate cases, may
restore up to 30 days good conduct | ||||||
16 | credits which have been revoked, suspended
or reduced. Any | ||||||
17 | restoration of good conduct credits in excess of 30 days shall
| ||||||
18 | be subject to review by the Prisoner Review Board. However, the | ||||||
19 | Board may not
restore good conduct credit in excess of the | ||||||
20 | amount requested by the Director.
| ||||||
21 | Nothing contained in this Section shall prohibit the | ||||||
22 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
23 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
24 | sentence imposed by the court that was not served due to the
| ||||||
25 | accumulation of good conduct credit.
| ||||||
26 | (d) If a lawsuit is filed by a prisoner in an Illinois or |
| |||||||
| |||||||
1 | federal court
against the State, the Department of Corrections, | ||||||
2 | or the Prisoner Review Board,
or against any of
their officers | ||||||
3 | or employees, and the court makes a specific finding that a
| ||||||
4 | pleading, motion, or other paper filed by the prisoner is | ||||||
5 | frivolous, the
Department of Corrections shall conduct a | ||||||
6 | hearing to revoke up to
180 days of good conduct credit by | ||||||
7 | bringing charges against the prisoner
sought to be deprived of | ||||||
8 | the good conduct credits before the Prisoner Review
Board as | ||||||
9 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
10 | If the prisoner has not accumulated 180 days of good conduct | ||||||
11 | credit at the
time of the finding, then the Prisoner Review | ||||||
12 | Board may revoke all
good conduct credit accumulated by the | ||||||
13 | prisoner.
| ||||||
14 | For purposes of this subsection (d):
| ||||||
15 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
16 | filing which
purports to be a legal document filed by a | ||||||
17 | prisoner in his or her lawsuit meets
any or all of the | ||||||
18 | following criteria:
| ||||||
19 | (A) it lacks an arguable basis either in law or in | ||||||
20 | fact;
| ||||||
21 | (B) it is being presented for any improper purpose, | ||||||
22 | such as to harass or
to cause unnecessary delay or | ||||||
23 | needless increase in the cost of litigation;
| ||||||
24 | (C) the claims, defenses, and other legal | ||||||
25 | contentions therein are not
warranted by existing law | ||||||
26 | or by a nonfrivolous argument for the extension,
|
| |||||||
| |||||||
1 | modification, or reversal of existing law or the | ||||||
2 | establishment of new law;
| ||||||
3 | (D) the allegations and other factual contentions | ||||||
4 | do not have
evidentiary
support or, if specifically so | ||||||
5 | identified, are not likely to have evidentiary
support | ||||||
6 | after a reasonable opportunity for further | ||||||
7 | investigation or discovery;
or
| ||||||
8 | (E) the denials of factual contentions are not | ||||||
9 | warranted on the
evidence, or if specifically so | ||||||
10 | identified, are not reasonably based on a lack
of | ||||||
11 | information or belief.
| ||||||
12 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
13 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
14 | action under
Article X of the Code of Civil Procedure or | ||||||
15 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
16 | under the Court of Claims Act, an action under the
federal | ||||||
17 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
18 | subsequent petition for post-conviction relief under | ||||||
19 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
20 | whether filed with or without leave of court or a second or | ||||||
21 | subsequent petition for relief from judgment under Section | ||||||
22 | 2-1401 of the Code of Civil Procedure.
| ||||||
23 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
24 | validity of Public Act 89-404.
| ||||||
25 | (f) Whenever the Department is to release any inmate who | ||||||
26 | has been convicted of a violation of an order of protection |
| |||||||
| |||||||
1 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
2 | it
otherwise would because of a grant of good conduct credit, | ||||||
3 | the Department, as a condition of such early release, shall | ||||||
4 | require that the person, upon release, be placed under | ||||||
5 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
6 | Code. | ||||||
7 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
8 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
9 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
10 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
11 | eff. 8-21-08.)
| ||||||
12 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
13 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
14 | (a) Except when the death penalty is
sought under hearing | ||||||
15 | procedures otherwise specified, after a
determination of | ||||||
16 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
17 | prior to the imposition of sentence on an individual being
| ||||||
18 | sentenced for an offense based upon a charge for a violation of | ||||||
19 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
20 | provision of a local
ordinance, the individual must undergo a | ||||||
21 | professional evaluation to
determine if an alcohol or other | ||||||
22 | drug abuse problem exists and the extent
of such a problem. | ||||||
23 | Programs conducting these evaluations shall be
licensed by the | ||||||
24 | Department of Human Services. However, if the individual is
not | ||||||
25 | a resident of Illinois, the court
may, in its discretion, |
| |||||||
| |||||||
1 | accept an evaluation from a program in the state of
such | ||||||
2 | individual's residence. The court may in its sentencing order | ||||||
3 | approve an
eligible defendant for placement in a Department of | ||||||
4 | Corrections impact
incarceration program as provided in | ||||||
5 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
6 | order recommend a defendant for placement in a Department of | ||||||
7 | Corrections substance abuse treatment program as provided in | ||||||
8 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
9 | upon the defendant being accepted in a program by the | ||||||
10 | Department of Corrections. At the
hearing the court
shall:
| ||||||
11 | (1) consider the evidence, if any, received upon the | ||||||
12 | trial;
| ||||||
13 | (2) consider any presentence reports;
| ||||||
14 | (3) consider the financial impact of incarceration | ||||||
15 | based on the
financial impact statement filed with the | ||||||
16 | clerk of the court by the
Department of Corrections;
| ||||||
17 | (4) consider evidence and information offered by the | ||||||
18 | parties in
aggravation and mitigation; | ||||||
19 | (4.5) consider substance abuse treatment, eligibility | ||||||
20 | screening, and an assessment, if any, of the defendant by | ||||||
21 | an agent designated by the State of Illinois to provide | ||||||
22 | assessment services for the Illinois courts;
| ||||||
23 | (5) hear arguments as to sentencing alternatives;
| ||||||
24 | (6) afford the defendant the opportunity to make a | ||||||
25 | statement in his
own behalf;
| ||||||
26 | (7) afford the victim of a violent crime or a violation |
| |||||||
| |||||||
1 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
2 | similar provision of a local
ordinance, or a qualified | ||||||
3 | individual affected by: (i) a violation of Section
405, | ||||||
4 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
5 | Act or a violation of Section 55 or Section 65 of the | ||||||
6 | Methamphetamine Control and Community Protection Act,
or | ||||||
7 | (ii) a Class 4 felony violation of Section 11-14, 11-15, | ||||||
8 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
9 | 1961,
committed by the defendant the opportunity to make a | ||||||
10 | statement
concerning the impact on the victim and to offer | ||||||
11 | evidence in aggravation or
mitigation; provided that the | ||||||
12 | statement and evidence offered in aggravation
or | ||||||
13 | mitigation must first be prepared in writing in conjunction | ||||||
14 | with the
State's Attorney before it may be presented orally | ||||||
15 | at the hearing. Any
sworn testimony offered by the victim | ||||||
16 | is subject to the defendant's right
to cross-examine. All | ||||||
17 | statements and evidence offered under this paragraph
(7) | ||||||
18 | shall become part of the record of the court. For the | ||||||
19 | purpose of this
paragraph (7), "qualified individual" | ||||||
20 | means any person who (i) lived or worked
within the | ||||||
21 | territorial jurisdiction where the offense took place when | ||||||
22 | the
offense took place;
and (ii) is familiar with various | ||||||
23 | public places within the territorial
jurisdiction where
| ||||||
24 | the offense took place when the offense took place. For the | ||||||
25 | purposes of
this paragraph (7), "qualified individual" | ||||||
26 | includes any peace officer,
or any member of any duly |
| |||||||
| |||||||
1 | organized State, county, or municipal peace unit
assigned | ||||||
2 | to the territorial jurisdiction where the offense took | ||||||
3 | place when the
offense took
place;
| ||||||
4 | (8) in cases of reckless homicide afford the victim's | ||||||
5 | spouse,
guardians, parents or other immediate family | ||||||
6 | members an opportunity to make
oral statements; and
| ||||||
7 | (9) in cases involving a felony sex offense as defined | ||||||
8 | under the Sex
Offender
Management Board Act, consider the | ||||||
9 | results of the sex offender evaluation
conducted pursuant | ||||||
10 | to Section 5-3-2 of this Act.
| ||||||
11 | (b) All sentences shall be imposed by the judge based upon | ||||||
12 | his
independent assessment of the elements specified above and | ||||||
13 | any agreement
as to sentence reached by the parties. The judge | ||||||
14 | who presided at the
trial or the judge who accepted the plea of | ||||||
15 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
16 | as a judge in that court. Where
the judge does not impose | ||||||
17 | sentence at the same time on all defendants
who are convicted | ||||||
18 | as a result of being involved in the same offense, the
| ||||||
19 | defendant or the State's Attorney may advise the sentencing | ||||||
20 | court of the
disposition of any other defendants who have been | ||||||
21 | sentenced.
| ||||||
22 | (c) In imposing a sentence for a violent crime or for an | ||||||
23 | offense of
operating or being in physical control of a vehicle | ||||||
24 | while under the
influence of alcohol, any other drug or any | ||||||
25 | combination thereof, or a
similar provision of a local | ||||||
26 | ordinance, when such offense resulted in the
personal injury to |
| |||||||
| |||||||
1 | someone other than the defendant, the trial judge shall
specify | ||||||
2 | on the record the particular evidence, information, factors in
| ||||||
3 | mitigation and aggravation or other reasons that led to his | ||||||
4 | sentencing
determination. The full verbatim record of the | ||||||
5 | sentencing hearing shall be
filed with the clerk of the court | ||||||
6 | and shall be a public record.
| ||||||
7 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
8 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
9 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
10 | firearm, or armed violence with a category I weapon
or category | ||||||
11 | II weapon,
the trial judge shall make a finding as to whether | ||||||
12 | the conduct leading to
conviction for the offense resulted in | ||||||
13 | great bodily harm to a victim, and
shall enter that finding and | ||||||
14 | the basis for that finding in the record.
| ||||||
15 | (c-2) If the defendant is sentenced to prison, other than | ||||||
16 | when a sentence of
natural life imprisonment or a sentence of | ||||||
17 | death is imposed, at the time
the sentence is imposed the judge | ||||||
18 | shall
state on the record in open court the approximate period | ||||||
19 | of time the defendant
will serve in custody according to the | ||||||
20 | then current statutory rules and
regulations for early release | ||||||
21 | found in Section 3-6-3 and other related
provisions of this | ||||||
22 | Code. This statement is intended solely to inform the
public, | ||||||
23 | has no legal effect on the defendant's actual release, and may | ||||||
24 | not be
relied on by the defendant on appeal.
| ||||||
25 | The judge's statement, to be given after pronouncing the | ||||||
26 | sentence, other than
when the sentence is imposed for one of |
| |||||||
| |||||||
1 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
2 | shall include the following:
| ||||||
3 | "The purpose of this statement is to inform the public of | ||||||
4 | the actual period
of time this defendant is likely to spend in | ||||||
5 | prison as a result of this
sentence. The actual period of | ||||||
6 | prison time served is determined by the
statutes of Illinois as | ||||||
7 | applied to this sentence by the Illinois Department of
| ||||||
8 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
9 | case, assuming the defendant
receives all of his or her good | ||||||
10 | conduct credit, the period of estimated actual
custody is ... | ||||||
11 | years and ... months, less up to 180 days additional good
| ||||||
12 | conduct credit for meritorious service. If the defendant, | ||||||
13 | because of his or
her own misconduct or failure to comply with | ||||||
14 | the institutional regulations,
does not receive those credits, | ||||||
15 | the actual time served in prison will be
longer. The defendant | ||||||
16 | may also receive an additional one-half day good conduct
credit | ||||||
17 | for each day of participation in vocational, industry, | ||||||
18 | substance abuse,
and educational programs as provided for by | ||||||
19 | Illinois statute."
| ||||||
20 | When the sentence is imposed for one of the offenses | ||||||
21 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
22 | when the sentence is imposed for one of the
offenses enumerated | ||||||
23 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
24 | 19, 1998, and other than when the sentence is imposed for
| ||||||
25 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
26 | of the Criminal
Code of 1961 if the offense was committed on or |
| |||||||
| |||||||
1 | after January 1, 1999, and
other than when the sentence is | ||||||
2 | imposed for aggravated arson if the offense was
committed on or | ||||||
3 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
4 | and
other than when the sentence is imposed for aggravated | ||||||
5 | driving under the influence of alcohol,
other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination
thereof | ||||||
7 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
8 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
9 | or after the effective date of this amendatory Act of the 96th | ||||||
10 | General Assembly, the
judge's statement, to be given after | ||||||
11 | pronouncing the sentence, shall include
the following:
| ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period
of time this defendant is likely to spend in | ||||||
14 | prison as a result of this
sentence. The actual period of | ||||||
15 | prison time served is determined by the
statutes of Illinois as | ||||||
16 | applied to this sentence by the Illinois Department of
| ||||||
17 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
18 | case,
assuming the defendant
receives all of his or her good | ||||||
19 | conduct credit, the period of estimated actual
custody is ... | ||||||
20 | years and ... months, less up to 90 days additional good
| ||||||
21 | conduct credit for meritorious service. If the defendant, | ||||||
22 | because of his or
her own misconduct or failure to comply with | ||||||
23 | the institutional regulations,
does not receive those credits, | ||||||
24 | the actual time served in prison will be
longer. The defendant | ||||||
25 | may also receive an additional one-half day good conduct
credit | ||||||
26 | for each day of participation in vocational, industry, |
| |||||||
| |||||||
1 | substance abuse,
and educational programs as provided for by | ||||||
2 | Illinois statute."
| ||||||
3 | When the sentence is imposed for one of the offenses | ||||||
4 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
5 | first degree murder, and the offense was
committed on or after | ||||||
6 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
7 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
8 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
9 | January 1, 1999,
and when the sentence is imposed for | ||||||
10 | aggravated driving under the influence
of alcohol, other drug | ||||||
11 | or drugs, or intoxicating compound or compounds, or
any | ||||||
12 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
13 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
14 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
15 | the offense was committed
on or after July 27, 2001 (the | ||||||
16 | effective date of Public Act 92-176), and when
the sentence is | ||||||
17 | imposed for aggravated driving under the influence of alcohol,
| ||||||
18 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
19 | any combination
thereof as defined in subparagraph (C) of | ||||||
20 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
21 | Illinois Vehicle Code committed on or after the effective date | ||||||
22 | of this amendatory Act of the 96th General Assembly, the | ||||||
23 | judge's
statement, to be given after pronouncing the sentence, | ||||||
24 | shall include the
following:
| ||||||
25 | "The purpose of this statement is to inform the public of | ||||||
26 | the actual period
of time this defendant is likely to spend in |
| |||||||
| |||||||
1 | prison as a result of this
sentence. The actual period of | ||||||
2 | prison time served is determined by the
statutes of Illinois as | ||||||
3 | applied to this sentence by the Illinois Department of
| ||||||
4 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
5 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
6 | good conduct credit for
each month of his or her sentence of | ||||||
7 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
8 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
9 | days credit for each month of his or her sentence, the period
| ||||||
10 | of estimated actual custody is ... years and ... months. If the | ||||||
11 | defendant,
because of his or her own misconduct or failure to | ||||||
12 | comply with the
institutional regulations receives lesser | ||||||
13 | credit, the actual time served in
prison will be longer."
| ||||||
14 | When a sentence of imprisonment is imposed for first degree | ||||||
15 | murder and
the offense was committed on or after June 19, 1998, | ||||||
16 | the judge's statement,
to be given after pronouncing the | ||||||
17 | sentence, shall include the following:
| ||||||
18 | "The purpose of this statement is to inform the public of | ||||||
19 | the actual period
of time this defendant is likely to spend in | ||||||
20 | prison as a result of this
sentence. The actual period of | ||||||
21 | prison time served is determined by the
statutes of Illinois as | ||||||
22 | applied to this sentence by the Illinois Department
of | ||||||
23 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
24 | case, the
defendant is not entitled to good conduct credit. | ||||||
25 | Therefore, this defendant
will serve 100% of his or her | ||||||
26 | sentence."
|
| |||||||
| |||||||
1 | When the sentencing order recommends placement in a | ||||||
2 | substance abuse program for any offense that results in | ||||||
3 | incarceration
in a Department of Corrections facility and the | ||||||
4 | crime was
committed on or after September 1, 2003 (the | ||||||
5 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
6 | addition to any other judge's statement required under this
| ||||||
7 | Section, to be given after pronouncing the sentence, shall | ||||||
8 | include the
following:
| ||||||
9 | "The purpose of this statement is to inform the public of
| ||||||
10 | the actual period of time this defendant is likely to spend in
| ||||||
11 | prison as a result of this sentence. The actual period of
| ||||||
12 | prison time served is determined by the statutes of Illinois as
| ||||||
13 | applied to this sentence by the Illinois Department of
| ||||||
14 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
15 | case, the defendant shall receive no good conduct credit under | ||||||
16 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
17 | participates in and completes a substance abuse treatment | ||||||
18 | program or receives a waiver from the Director of Corrections | ||||||
19 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
20 | (c-4) Before the sentencing hearing and as part of the | ||||||
21 | presentence investigation under Section 5-3-1, the court shall | ||||||
22 | inquire of the defendant whether the defendant is currently | ||||||
23 | serving in or is a veteran of the Armed Forces of the United | ||||||
24 | States.
If the defendant is currently serving in the Armed | ||||||
25 | Forces of the United States or is a veteran of the Armed Forces | ||||||
26 | of the United States and has been diagnosed as having a mental |
| |||||||
| |||||||
1 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
2 | physician, the court may: | ||||||
3 | (1) order that the officer preparing the presentence | ||||||
4 | report consult with the United States Department of | ||||||
5 | Veterans Affairs, Illinois Department of Veterans' | ||||||
6 | Affairs, or another agency or person with suitable | ||||||
7 | knowledge or experience for the purpose of providing the | ||||||
8 | court with information regarding treatment options | ||||||
9 | available to the defendant, including federal, State, and | ||||||
10 | local programming; and | ||||||
11 | (2) consider the treatment recommendations of any | ||||||
12 | diagnosing or treating mental health professionals | ||||||
13 | together with the treatment options available to the | ||||||
14 | defendant in imposing sentence. | ||||||
15 | For the purposes of this subsection (c-4), "qualified | ||||||
16 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
17 | to practice medicine in all its branches, who has specialized | ||||||
18 | in the diagnosis and treatment of mental and nervous disorders | ||||||
19 | for a period of not less than 5 years. | ||||||
20 | (d) When the defendant is committed to the Department of
| ||||||
21 | Corrections, the State's Attorney shall and counsel for the | ||||||
22 | defendant
may file a statement with the clerk of the court to | ||||||
23 | be transmitted to
the department, agency or institution to | ||||||
24 | which the defendant is
committed to furnish such department, | ||||||
25 | agency or institution with the
facts and circumstances of the | ||||||
26 | offense for which the person was
committed together with all |
| |||||||
| |||||||
1 | other factual information accessible to them
in regard to the | ||||||
2 | person prior to his commitment relative to his habits,
| ||||||
3 | associates, disposition and reputation and any other facts and
| ||||||
4 | circumstances which may aid such department, agency or | ||||||
5 | institution
during its custody of such person. The clerk shall | ||||||
6 | within 10 days after
receiving any such statements transmit a | ||||||
7 | copy to such department, agency
or institution and a copy to | ||||||
8 | the other party, provided, however, that
this shall not be | ||||||
9 | cause for delay in conveying the person to the
department, | ||||||
10 | agency or institution to which he has been committed.
| ||||||
11 | (e) The clerk of the court shall transmit to the | ||||||
12 | department,
agency or institution, if any, to which the | ||||||
13 | defendant is committed, the
following:
| ||||||
14 | (1) the sentence imposed;
| ||||||
15 | (2) any statement by the court of the basis for | ||||||
16 | imposing the sentence;
| ||||||
17 | (3) any presentence reports;
| ||||||
18 | (3.5) any sex offender evaluations;
| ||||||
19 | (3.6) any substance abuse treatment eligibility | ||||||
20 | screening and assessment of the defendant by an agent | ||||||
21 | designated by the State of Illinois to provide assessment | ||||||
22 | services for the Illinois courts;
| ||||||
23 | (4) the number of days, if any, which the defendant has | ||||||
24 | been in
custody and for which he is entitled to credit | ||||||
25 | against the sentence,
which information shall be provided | ||||||
26 | to the clerk by the sheriff;
|
| |||||||
| |||||||
1 | (4.1) any finding of great bodily harm made by the | ||||||
2 | court with respect
to an offense enumerated in subsection | ||||||
3 | (c-1);
| ||||||
4 | (5) all statements filed under subsection (d) of this | ||||||
5 | Section;
| ||||||
6 | (6) any medical or mental health records or summaries | ||||||
7 | of the defendant;
| ||||||
8 | (7) the municipality where the arrest of the offender | ||||||
9 | or the commission
of the offense has occurred, where such | ||||||
10 | municipality has a population of
more than 25,000 persons;
| ||||||
11 | (8) all statements made and evidence offered under | ||||||
12 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
13 | (9) all additional matters which the court directs the | ||||||
14 | clerk to
transmit.
| ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
|