|
|||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
| ||||||||||||||||||||||||||||
6 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||||||||||||||||||||||||
7 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||||||||||||||||||||||||
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) |
| |||||||
| |||||||
1 | committed on or after August 13, 2007 (the effective date | ||||||
2 | of Public Act 95-134), the following:
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
| ||||||
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,
the rules and regulations shall
| ||||||
26 | provide that a prisoner who is serving a term of
|
| |||||||
| |||||||
1 | imprisonment shall receive one day of good conduct credit | ||||||
2 | for each day of
his or her sentence of imprisonment or | ||||||
3 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
4 | credit shall reduce by one day the prisoner's period
of | ||||||
5 | imprisonment or recommitment under Section 3-3-9.
| ||||||
6 | (2.2) A prisoner serving a term of natural life | ||||||
7 | imprisonment or a
prisoner who has been sentenced to death | ||||||
8 | shall receive no good conduct
credit.
| ||||||
9 | (2.3) The rules and regulations on early release shall | ||||||
10 | provide that
a prisoner who is serving a sentence for | ||||||
11 | reckless homicide as defined in
subsection (e) of Section | ||||||
12 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
13 | January 1, 1999, or aggravated driving under the influence | ||||||
14 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
15 | or compounds, or any combination
thereof as defined in | ||||||
16 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
17 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
18 | no more than 4.5
days of good conduct credit for each month | ||||||
19 | of his or her sentence of
imprisonment.
| ||||||
20 | (2.4) The rules and regulations on early release shall | ||||||
21 | provide with
respect to the offenses of aggravated battery | ||||||
22 | with a machine gun or a firearm
equipped with any device or | ||||||
23 | attachment designed or used for silencing the
report of a | ||||||
24 | firearm or aggravated discharge of a machine gun or a | ||||||
25 | firearm
equipped with any device or attachment designed or | ||||||
26 | used for silencing the
report of a firearm, committed on or |
| |||||||
| |||||||
1 | after
July 15, 1999 (the effective date of Public Act | ||||||
2 | 91-121),
that a prisoner serving a sentence for any of | ||||||
3 | these offenses shall receive no
more than 4.5 days of good | ||||||
4 | conduct credit for each month of his or her sentence
of | ||||||
5 | imprisonment.
| ||||||
6 | (2.5) The rules and regulations on early release shall | ||||||
7 | provide that a
prisoner who is serving a sentence for | ||||||
8 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
9 | effective date of Public Act 92-176) shall receive no more | ||||||
10 | than
4.5 days of good conduct credit for each month of his | ||||||
11 | or her sentence of
imprisonment.
| ||||||
12 | (3) On or after the effective date of this amendatory | ||||||
13 | Act of the 96th General Assembly, the Director shall not | ||||||
14 | award additional good conduct
credit for meritorious | ||||||
15 | service in specific instances. Nothing in this amendatory | ||||||
16 | Act of the 96th General Assembly shall invalidate such | ||||||
17 | award of additional good conduct credit for meritorious | ||||||
18 | service lawfully made before the effective date of this | ||||||
19 | amendatory Act of the 96th General Assembly; nor shall the | ||||||
20 | Department or Director or any employee of the Department be | ||||||
21 | criminally or civilly liable for such award, except in | ||||||
22 | cases of willful and wanton negligence. The rules and | ||||||
23 | regulations shall also provide that
the Director may award | ||||||
24 | up to 180 days additional good conduct
credit for | ||||||
25 | meritorious service in specific instances as the
Director | ||||||
26 | deems proper; except that no more than 90 days
of good |
| |||||||
| |||||||
1 | conduct credit for meritorious service
shall be awarded to | ||||||
2 | any prisoner who is serving a sentence for
conviction of | ||||||
3 | first degree murder, reckless homicide while under the
| ||||||
4 | influence of alcohol or any other drug,
or aggravated | ||||||
5 | driving under the influence of alcohol, other drug or | ||||||
6 | drugs, or
intoxicating compound or compounds, or any | ||||||
7 | combination thereof as defined in
subparagraph (F) of | ||||||
8 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
9 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
10 | predatory criminal sexual assault of a child,
aggravated | ||||||
11 | criminal sexual assault, criminal sexual assault, deviate | ||||||
12 | sexual
assault, aggravated criminal sexual abuse, | ||||||
13 | aggravated indecent liberties
with a child, indecent | ||||||
14 | liberties with a child, child pornography, heinous
| ||||||
15 | battery, aggravated battery of a spouse, aggravated | ||||||
16 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
17 | stalking, aggravated battery of a child,
endangering the | ||||||
18 | life or health of a child, or cruelty to a child. | ||||||
19 | Notwithstanding the foregoing, good conduct credit for
| ||||||
20 | meritorious service shall not be awarded on a
sentence of | ||||||
21 | imprisonment imposed for conviction of: (i) one of the | ||||||
22 | offenses
enumerated in subdivision (a)(2)(i), (ii), or | ||||||
23 | (iii) when the offense is committed on or after
June 19, | ||||||
24 | 1998 or subdivision (a)(2)(iv) when the offense is | ||||||
25 | committed on or after June 23, 2005 (the effective date of | ||||||
26 | Public Act 94-71) or subdivision (a)(2)(v) when the offense |
| |||||||
| |||||||
1 | is committed on or after August 13, 2007 (the effective | ||||||
2 | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||||||
3 | the offense is committed on or after June 1, 2008 (the | ||||||
4 | effective date of Public Act 95-625), (ii) reckless | ||||||
5 | homicide as
defined in subsection (e) of Section 9-3 of the | ||||||
6 | Criminal Code of 1961 when
the offense is committed on or | ||||||
7 | after January 1, 1999,
or aggravated driving under the | ||||||
8 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
9 | compound or compounds, or any combination thereof as | ||||||
10 | defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
11 | (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | ||||||
12 | one of the offenses enumerated in subdivision
(a)(2.4) when | ||||||
13 | the offense is committed on or after
July 15, 1999 (the | ||||||
14 | effective date of Public Act 91-121),
or (iv) aggravated | ||||||
15 | arson when the offense is committed
on or after July 27, | ||||||
16 | 2001 (the effective date of Public Act 92-176).
| ||||||
17 | (4) The rules and regulations shall also provide that | ||||||
18 | the good conduct
credit accumulated and retained under | ||||||
19 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
20 | inmate during specific periods of time in which such
inmate | ||||||
21 | is engaged full-time in substance abuse programs, | ||||||
22 | correctional
industry assignments, or educational programs | ||||||
23 | provided by the Department
under this paragraph (4) and | ||||||
24 | satisfactorily completes the assigned program as
| ||||||
25 | determined by the standards of the Department, shall be | ||||||
26 | multiplied by a factor
of 1.25 for program participation |
| |||||||
| |||||||
1 | before August 11, 1993
and 1.50 for program participation | ||||||
2 | on or after that date.
However, no inmate shall be eligible | ||||||
3 | for the additional good conduct credit
under this paragraph | ||||||
4 | (4) or (4.1) of this subsection (a) while assigned to a | ||||||
5 | boot camp
or electronic detention, or if convicted of an | ||||||
6 | offense enumerated in
subdivision (a)(2)(i), (ii), or | ||||||
7 | (iii) of this Section that is committed on or after June | ||||||
8 | 19,
1998 or subdivision (a)(2)(iv) of this Section that is | ||||||
9 | committed on or after June 23, 2005 (the effective date of | ||||||
10 | Public Act 94-71) or subdivision (a)(2)(v) of this Section | ||||||
11 | that is committed on or after August 13, 2007 (the | ||||||
12 | effective date of Public Act 95-134)
or subdivision | ||||||
13 | (a)(2)(vi) when the offense is committed on or after June | ||||||
14 | 1, 2008 (the effective date of Public Act 95-625), or if | ||||||
15 | convicted of reckless homicide as defined in subsection (e) | ||||||
16 | of
Section 9-3 of the Criminal Code of 1961 if the offense | ||||||
17 | is committed on or
after January 1, 1999,
or aggravated | ||||||
18 | driving under the influence of alcohol, other drug or | ||||||
19 | drugs, or
intoxicating compound or compounds, or any | ||||||
20 | combination thereof as defined in
subparagraph (F) of | ||||||
21 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
22 | Illinois Vehicle Code, or if convicted of an offense | ||||||
23 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
24 | committed on or after
July 15, 1999 (the effective date of | ||||||
25 | Public Act 91-121),
or first degree murder, a Class X | ||||||
26 | felony, criminal sexual
assault, felony criminal sexual |
| |||||||
| |||||||
1 | abuse, aggravated criminal sexual abuse,
aggravated | ||||||
2 | battery with a firearm, or any predecessor or successor | ||||||
3 | offenses
with the same or substantially the same elements, | ||||||
4 | or any inchoate offenses
relating to the foregoing | ||||||
5 | offenses. No inmate shall be eligible for the
additional | ||||||
6 | good conduct credit under this paragraph (4) who (i) has | ||||||
7 | previously
received increased good conduct credit under | ||||||
8 | this paragraph (4) and has
subsequently been convicted of a
| ||||||
9 | felony, or (ii) has previously served more than one prior | ||||||
10 | sentence of
imprisonment for a felony in an adult | ||||||
11 | correctional facility.
| ||||||
12 | Educational, vocational, substance abuse and | ||||||
13 | correctional
industry programs under which good conduct | ||||||
14 | credit may be increased under
this paragraph (4) and | ||||||
15 | paragraph (4.1) of this subsection (a) shall be evaluated | ||||||
16 | by the Department on the basis of
documented standards. The | ||||||
17 | Department shall report the results of these
evaluations to | ||||||
18 | the Governor and the General Assembly by September 30th of | ||||||
19 | each
year. The reports shall include data relating to the | ||||||
20 | recidivism rate among
program participants.
| ||||||
21 | Availability of these programs shall be subject to the
| ||||||
22 | limits of fiscal resources appropriated by the General | ||||||
23 | Assembly for these
purposes. Eligible inmates who are | ||||||
24 | denied immediate admission shall be
placed on a waiting | ||||||
25 | list under criteria established by the Department.
The | ||||||
26 | inability of any inmate to become engaged in any such |
| |||||||
| |||||||
1 | programs
by reason of insufficient program resources or for | ||||||
2 | any other reason
established under the rules and | ||||||
3 | regulations of the Department shall not be
deemed a cause | ||||||
4 | of action under which the Department or any employee or
| ||||||
5 | agent of the Department shall be liable for damages to the | ||||||
6 | inmate.
| ||||||
7 | (4.1) The rules and regulations shall also provide that | ||||||
8 | an additional 60 days of good conduct credit shall be | ||||||
9 | awarded to any prisoner who passes the high school level | ||||||
10 | Test of General Educational Development (GED) while the | ||||||
11 | prisoner is incarcerated. The good conduct credit awarded | ||||||
12 | under this paragraph (4.1) shall be in addition to, and | ||||||
13 | shall not affect, the award of good conduct under any other | ||||||
14 | paragraph of this Section, but shall also be pursuant to | ||||||
15 | the guidelines and restrictions set forth in paragraph (4) | ||||||
16 | of subsection (a) of this Section.
The good conduct credit | ||||||
17 | provided for in this paragraph shall be available only to | ||||||
18 | those prisoners who have not previously earned a high | ||||||
19 | school diploma or a GED. If, after an award of the GED good | ||||||
20 | conduct credit has been made and the Department determines | ||||||
21 | that the prisoner was not eligible, then the award shall be | ||||||
22 | revoked.
| ||||||
23 | (4.5) The rules and regulations on early release shall | ||||||
24 | also provide that
when the court's sentencing order | ||||||
25 | recommends a prisoner for substance abuse treatment and the
| ||||||
26 | crime was committed on or after September 1, 2003 (the |
| |||||||
| |||||||
1 | effective date of
Public Act 93-354), the prisoner shall | ||||||
2 | receive no good conduct credit awarded under clause (3) of | ||||||
3 | this subsection (a) unless he or she participates in and
| ||||||
4 | completes a substance abuse treatment program. The | ||||||
5 | Director may waive the requirement to participate in or | ||||||
6 | complete a substance abuse treatment program and award the | ||||||
7 | good conduct credit in specific instances if the prisoner | ||||||
8 | is not a good candidate for a substance abuse treatment | ||||||
9 | program for medical, programming, or operational reasons. | ||||||
10 | Availability of
substance abuse treatment shall be subject | ||||||
11 | to the limits of fiscal resources
appropriated by the | ||||||
12 | General Assembly for these purposes. If treatment is not
| ||||||
13 | available and the requirement to participate and complete | ||||||
14 | the treatment has not been waived by the Director, the | ||||||
15 | prisoner shall be placed on a waiting list under criteria
| ||||||
16 | established by the Department. The Director may allow a | ||||||
17 | prisoner placed on
a waiting list to participate in and | ||||||
18 | complete a substance abuse education class or attend | ||||||
19 | substance
abuse self-help meetings in lieu of a substance | ||||||
20 | abuse treatment program. A prisoner on a waiting list who | ||||||
21 | is not placed in a substance abuse program prior to release | ||||||
22 | may be eligible for a waiver and receive good conduct | ||||||
23 | credit under clause (3) of this subsection (a) at the | ||||||
24 | discretion of the Director.
| ||||||
25 | (4.6) The rules and regulations on early release shall | ||||||
26 | also provide that a prisoner who has been convicted of a |
| |||||||
| |||||||
1 | sex offense as defined in Section 2 of the Sex Offender | ||||||
2 | Registration Act shall receive no good conduct credit | ||||||
3 | unless he or she either has successfully completed or is | ||||||
4 | participating in sex offender treatment as defined by the | ||||||
5 | Sex Offender Management Board. However, prisoners who are | ||||||
6 | waiting to receive such treatment, but who are unable to do | ||||||
7 | so due solely to the lack of resources on the part of the | ||||||
8 | Department, may, at the Director's sole discretion, be | ||||||
9 | awarded good conduct credit at such rate as the Director | ||||||
10 | shall determine.
| ||||||
11 | (5) (Blank) Whenever the Department is to release any | ||||||
12 | inmate earlier than it
otherwise would because of a grant | ||||||
13 | of good conduct credit for meritorious
service given at any | ||||||
14 | time during the term, the Department shall give
reasonable | ||||||
15 | advance notice of the impending release to the State's
| ||||||
16 | Attorney of the county where the prosecution of the inmate | ||||||
17 | took place .
| ||||||
18 | (b) Whenever a person is or has been committed under
| ||||||
19 | several convictions, with separate sentences, the sentences
| ||||||
20 | shall be construed under Section 5-8-4 in granting and
| ||||||
21 | forfeiting of good time.
| ||||||
22 | (c) The Department shall prescribe rules and regulations
| ||||||
23 | for revoking good conduct credit, or suspending or reducing
the | ||||||
24 | rate of accumulation of good conduct credit for specific
rule | ||||||
25 | violations, during imprisonment. These rules and regulations
| ||||||
26 | shall provide that no inmate may be penalized more than one
|
| |||||||
| |||||||
1 | year of good conduct credit for any one infraction.
| ||||||
2 | When the Department seeks to revoke, suspend or reduce
the | ||||||
3 | rate of accumulation of any good conduct credits for
an alleged | ||||||
4 | infraction of its rules, it shall bring charges
therefor | ||||||
5 | against the prisoner sought to be so deprived of
good conduct | ||||||
6 | credits before the Prisoner Review Board as
provided in | ||||||
7 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
8 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
9 | month period, the cumulative amount of
credit revoked exceeds | ||||||
10 | 30 days except where the infraction is committed
or discovered | ||||||
11 | within 60 days of scheduled release. In those cases,
the | ||||||
12 | Department of Corrections may revoke up to 30 days of good | ||||||
13 | conduct credit.
The Board may subsequently approve the | ||||||
14 | revocation of additional good
conduct credit, if the Department | ||||||
15 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
16 | However, the Board shall not be empowered to review the
| ||||||
17 | Department's decision with respect to the loss of 30 days of | ||||||
18 | good conduct
credit within any calendar year for any prisoner | ||||||
19 | or to increase any penalty
beyond the length requested by the | ||||||
20 | Department.
| ||||||
21 | The Director of the Department of Corrections, in | ||||||
22 | appropriate cases, may
restore up to 30 days good conduct | ||||||
23 | credits which have been revoked, suspended
or reduced. Any | ||||||
24 | restoration of good conduct credits in excess of 30 days shall
| ||||||
25 | be subject to review by the Prisoner Review Board. However, the | ||||||
26 | Board may not
restore good conduct credit in excess of the |
| |||||||
| |||||||
1 | amount requested by the Director.
| ||||||
2 | Nothing contained in this Section shall prohibit the | ||||||
3 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
4 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
5 | sentence imposed by the court that was not served due to the
| ||||||
6 | accumulation of good conduct credit.
| ||||||
7 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
8 | federal court
against the State, the Department of Corrections, | ||||||
9 | or the Prisoner Review Board,
or against any of
their officers | ||||||
10 | or employees, and the court makes a specific finding that a
| ||||||
11 | pleading, motion, or other paper filed by the prisoner is | ||||||
12 | frivolous, the
Department of Corrections shall conduct a | ||||||
13 | hearing to revoke up to
180 days of good conduct credit by | ||||||
14 | bringing charges against the prisoner
sought to be deprived of | ||||||
15 | the good conduct credits before the Prisoner Review
Board as | ||||||
16 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
17 | If the prisoner has not accumulated 180 days of good conduct | ||||||
18 | credit at the
time of the finding, then the Prisoner Review | ||||||
19 | Board may revoke all
good conduct credit accumulated by the | ||||||
20 | prisoner.
| ||||||
21 | For purposes of this subsection (d):
| ||||||
22 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
23 | filing which
purports to be a legal document filed by a | ||||||
24 | prisoner in his or her lawsuit meets
any or all of the | ||||||
25 | following criteria:
| ||||||
26 | (A) it lacks an arguable basis either in law or in |
| |||||||
| |||||||
1 | fact;
| ||||||
2 | (B) it is being presented for any improper purpose, | ||||||
3 | such as to harass or
to cause unnecessary delay or | ||||||
4 | needless increase in the cost of litigation;
| ||||||
5 | (C) the claims, defenses, and other legal | ||||||
6 | contentions therein are not
warranted by existing law | ||||||
7 | or by a nonfrivolous argument for the extension,
| ||||||
8 | modification, or reversal of existing law or the | ||||||
9 | establishment of new law;
| ||||||
10 | (D) the allegations and other factual contentions | ||||||
11 | do not have
evidentiary
support or, if specifically so | ||||||
12 | identified, are not likely to have evidentiary
support | ||||||
13 | after a reasonable opportunity for further | ||||||
14 | investigation or discovery;
or
| ||||||
15 | (E) the denials of factual contentions are not | ||||||
16 | warranted on the
evidence, or if specifically so | ||||||
17 | identified, are not reasonably based on a lack
of | ||||||
18 | information or belief.
| ||||||
19 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
20 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
21 | action under
Article X of the Code of Civil Procedure or | ||||||
22 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
23 | under the Court of Claims Act, an action under the
federal | ||||||
24 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
25 | subsequent petition for post-conviction relief under | ||||||
26 | Article 122 of the Code of Criminal Procedure of 1963 |
| |||||||
| |||||||
1 | whether filed with or without leave of court or a second or | ||||||
2 | subsequent petition for relief from judgment under Section | ||||||
3 | 2-1401 of the Code of Civil Procedure.
| ||||||
4 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
5 | validity of Public Act 89-404.
| ||||||
6 | (f) Whenever the Department is to release any inmate who | ||||||
7 | has been convicted of a violation of an order of protection | ||||||
8 | under Section 12-30 of the Criminal Code of 1961, earlier than | ||||||
9 | it
otherwise would because of a grant of good conduct credit, | ||||||
10 | the Department, as a condition of such early release, shall | ||||||
11 | require that the person, upon release, be placed under | ||||||
12 | electronic surveillance as provided in Section 5-8A-7 of this | ||||||
13 | Code. | ||||||
14 | (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | ||||||
15 | eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | ||||||
16 | eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | ||||||
17 | eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | ||||||
18 | eff. 8-21-08.)
| ||||||
19 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
20 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
21 | (a) Except when the death penalty is
sought under hearing | ||||||
22 | procedures otherwise specified, after a
determination of | ||||||
23 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
24 | prior to the imposition of sentence on an individual being
| ||||||
25 | sentenced for an offense based upon a charge for a violation of |
| |||||||
| |||||||
1 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
2 | provision of a local
ordinance, the individual must undergo a | ||||||
3 | professional evaluation to
determine if an alcohol or other | ||||||
4 | drug abuse problem exists and the extent
of such a problem. | ||||||
5 | Programs conducting these evaluations shall be
licensed by the | ||||||
6 | Department of Human Services. However, if the individual is
not | ||||||
7 | a resident of Illinois, the court
may, in its discretion, | ||||||
8 | accept an evaluation from a program in the state of
such | ||||||
9 | individual's residence. The court may in its sentencing order | ||||||
10 | approve an
eligible defendant for placement in a Department of | ||||||
11 | Corrections impact
incarceration program as provided in | ||||||
12 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
13 | order recommend a defendant for placement in a Department of | ||||||
14 | Corrections substance abuse treatment program as provided in | ||||||
15 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
16 | upon the defendant being accepted in a program by the | ||||||
17 | Department of Corrections. At the
hearing the court
shall:
| ||||||
18 | (1) consider the evidence, if any, received upon the | ||||||
19 | trial;
| ||||||
20 | (2) consider any presentence reports;
| ||||||
21 | (3) consider the financial impact of incarceration | ||||||
22 | based on the
financial impact statement filed with the | ||||||
23 | clerk of the court by the
Department of Corrections;
| ||||||
24 | (4) consider evidence and information offered by the | ||||||
25 | parties in
aggravation and mitigation; | ||||||
26 | (4.5) consider substance abuse treatment, eligibility |
| |||||||
| |||||||
1 | screening, and an assessment, if any, of the defendant by | ||||||
2 | an agent designated by the State of Illinois to provide | ||||||
3 | assessment services for the Illinois courts;
| ||||||
4 | (5) hear arguments as to sentencing alternatives;
| ||||||
5 | (6) afford the defendant the opportunity to make a | ||||||
6 | statement in his
own behalf;
| ||||||
7 | (7) afford the victim of a violent crime or a violation | ||||||
8 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
9 | similar provision of a local
ordinance, or a qualified | ||||||
10 | individual affected by: (i) a violation of Section
405, | ||||||
11 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
12 | Act or a violation of Section 55 or Section 65 of the | ||||||
13 | Methamphetamine Control and Community Protection Act,
or | ||||||
14 | (ii) a Class 4 felony violation of Section 11-14, 11-15, | ||||||
15 | 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||||||
16 | 1961,
committed by the defendant the opportunity to make a | ||||||
17 | statement
concerning the impact on the victim and to offer | ||||||
18 | evidence in aggravation or
mitigation; provided that the | ||||||
19 | statement and evidence offered in aggravation
or | ||||||
20 | mitigation must first be prepared in writing in conjunction | ||||||
21 | with the
State's Attorney before it may be presented orally | ||||||
22 | at the hearing. Any
sworn testimony offered by the victim | ||||||
23 | is subject to the defendant's right
to cross-examine. All | ||||||
24 | statements and evidence offered under this paragraph
(7) | ||||||
25 | shall become part of the record of the court. For the | ||||||
26 | purpose of this
paragraph (7), "qualified individual" |
| |||||||
| |||||||
1 | means any person who (i) lived or worked
within the | ||||||
2 | territorial jurisdiction where the offense took place when | ||||||
3 | the
offense took place;
and (ii) is familiar with various | ||||||
4 | public places within the territorial
jurisdiction where
| ||||||
5 | the offense took place when the offense took place. For the | ||||||
6 | purposes of
this paragraph (7), "qualified individual" | ||||||
7 | includes any peace officer,
or any member of any duly | ||||||
8 | organized State, county, or municipal peace unit
assigned | ||||||
9 | to the territorial jurisdiction where the offense took | ||||||
10 | place when the
offense took
place;
| ||||||
11 | (8) in cases of reckless homicide afford the victim's | ||||||
12 | spouse,
guardians, parents or other immediate family | ||||||
13 | members an opportunity to make
oral statements; and
| ||||||
14 | (9) in cases involving a felony sex offense as defined | ||||||
15 | under the Sex
Offender
Management Board Act, consider the | ||||||
16 | results of the sex offender evaluation
conducted pursuant | ||||||
17 | to Section 5-3-2 of this Act.
| ||||||
18 | (b) All sentences shall be imposed by the judge based upon | ||||||
19 | his
independent assessment of the elements specified above and | ||||||
20 | any agreement
as to sentence reached by the parties. The judge | ||||||
21 | who presided at the
trial or the judge who accepted the plea of | ||||||
22 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
23 | as a judge in that court. Where
the judge does not impose | ||||||
24 | sentence at the same time on all defendants
who are convicted | ||||||
25 | as a result of being involved in the same offense, the
| ||||||
26 | defendant or the State's Attorney may advise the sentencing |
| |||||||
| |||||||
1 | court of the
disposition of any other defendants who have been | ||||||
2 | sentenced.
| ||||||
3 | (c) In imposing a sentence for a violent crime or for an | ||||||
4 | offense of
operating or being in physical control of a vehicle | ||||||
5 | while under the
influence of alcohol, any other drug or any | ||||||
6 | combination thereof, or a
similar provision of a local | ||||||
7 | ordinance, when such offense resulted in the
personal injury to | ||||||
8 | someone other than the defendant, the trial judge shall
specify | ||||||
9 | on the record the particular evidence, information, factors in
| ||||||
10 | mitigation and aggravation or other reasons that led to his | ||||||
11 | sentencing
determination. The full verbatim record of the | ||||||
12 | sentencing hearing shall be
filed with the clerk of the court | ||||||
13 | and shall be a public record.
| ||||||
14 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
15 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
16 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
17 | firearm, or armed violence with a category I weapon
or category | ||||||
18 | II weapon,
the trial judge shall make a finding as to whether | ||||||
19 | the conduct leading to
conviction for the offense resulted in | ||||||
20 | great bodily harm to a victim, and
shall enter that finding and | ||||||
21 | the basis for that finding in the record.
| ||||||
22 | (c-2) If the defendant is sentenced to prison, other than | ||||||
23 | when a sentence of
natural life imprisonment or a sentence of | ||||||
24 | death is imposed, at the time
the sentence is imposed the judge | ||||||
25 | shall
state on the record in open court the approximate period | ||||||
26 | of time the defendant
will serve in custody according to the |
| |||||||
| |||||||
1 | then current statutory rules and
regulations for early release | ||||||
2 | found in Section 3-6-3 and other related
provisions of this | ||||||
3 | Code. This statement is intended solely to inform the
public, | ||||||
4 | has no legal effect on the defendant's actual release, and may | ||||||
5 | not be
relied on by the defendant on appeal.
| ||||||
6 | The judge's statement, to be given after pronouncing the | ||||||
7 | sentence , other than
when the sentence is imposed for one of | ||||||
8 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3 , | ||||||
9 | shall include the following:
| ||||||
10 | "The purpose of this statement is to inform the public of | ||||||
11 | the actual period
of time this defendant is likely to spend in | ||||||
12 | prison as a result of this
sentence. The actual period of | ||||||
13 | prison time served is determined by the
statutes of Illinois as | ||||||
14 | applied to this sentence by the Illinois Department of
| ||||||
15 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
16 | case, assuming the defendant
receives all of his or her good | ||||||
17 | conduct credit, the period of estimated actual
custody is ... | ||||||
18 | years and ... months , less up to 180 days additional good
| ||||||
19 | conduct credit for meritorious service . If the defendant, | ||||||
20 | because of his or
her own misconduct or failure to comply with | ||||||
21 | the institutional regulations,
does not receive those credits, | ||||||
22 | the actual time served in prison will be
longer. The defendant | ||||||
23 | may also receive an additional one-half day good conduct
credit | ||||||
24 | for each day of participation in vocational, industry, | ||||||
25 | substance abuse,
and educational programs as provided for by | ||||||
26 | Illinois statute."
|
| |||||||
| |||||||
1 | When the sentence is imposed for one of the offenses | ||||||
2 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
3 | when the sentence is imposed for one of the
offenses enumerated | ||||||
4 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
5 | 19, 1998, and other than when the sentence is imposed for
| ||||||
6 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
7 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
8 | after January 1, 1999, and
other than when the sentence is | ||||||
9 | imposed for aggravated arson if the offense was
committed on or | ||||||
10 | after July 27, 2001 (the effective date of Public Act
92-176), | ||||||
11 | the
judge's statement, to be given after pronouncing the | ||||||
12 | sentence, shall include
the following:
| ||||||
13 | "The purpose of this statement is to inform the public of | ||||||
14 | the actual period
of time this defendant is likely to spend in | ||||||
15 | prison as a result of this
sentence. The actual period of | ||||||
16 | prison time served is determined by the
statutes of Illinois as | ||||||
17 | applied to this sentence by the Illinois Department of
| ||||||
18 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
19 | case,
assuming the defendant
receives all of his or her good | ||||||
20 | conduct credit, the period of estimated actual
custody is ... | ||||||
21 | years and ... months, less up to 90 days additional good
| ||||||
22 | conduct credit for meritorious service. If the defendant, | ||||||
23 | because of his or
her own misconduct or failure to comply with | ||||||
24 | the institutional regulations,
does not receive those credits, | ||||||
25 | the actual time served in prison will be
longer. The defendant | ||||||
26 | may also receive an additional one-half day good conduct
credit |
| |||||||
| |||||||
1 | for each day of participation in vocational, industry, | ||||||
2 | substance abuse,
and educational programs as provided for by | ||||||
3 | Illinois statute."
| ||||||
4 | When the sentence is imposed for one of the offenses | ||||||
5 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
6 | first degree murder, and the offense was
committed on or after | ||||||
7 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
8 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
9 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
10 | January 1, 1999,
and when the sentence is imposed for | ||||||
11 | aggravated driving under the influence
of alcohol, other drug | ||||||
12 | or drugs, or intoxicating compound or compounds, or
any | ||||||
13 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
14 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
15 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
16 | the offense was committed
on or after July 27, 2001 (the | ||||||
17 | effective date of Public Act 92-176), the judge's
statement, to | ||||||
18 | be given after pronouncing the sentence, shall include the
| ||||||
19 | following:
| ||||||
20 | "The purpose of this statement is to inform the public of | ||||||
21 | the actual period
of time this defendant is likely to spend in | ||||||
22 | prison as a result of this
sentence. The actual period of | ||||||
23 | prison time served is determined by the
statutes of Illinois as | ||||||
24 | applied to this sentence by the Illinois Department of
| ||||||
25 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
26 | case,
the defendant is entitled to no more than 4 1/2 days of |
| |||||||
| |||||||
1 | good conduct credit for
each month of his or her sentence of | ||||||
2 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
3 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
4 | days credit for each month of his or her sentence, the period
| ||||||
5 | of estimated actual custody is ... years and ... months. If the | ||||||
6 | defendant,
because of his or her own misconduct or failure to | ||||||
7 | comply with the
institutional regulations receives lesser | ||||||
8 | credit, the actual time served in
prison will be longer."
| ||||||
9 | When a sentence of imprisonment is imposed for first degree | ||||||
10 | murder and
the offense was committed on or after June 19, 1998, | ||||||
11 | the judge's statement,
to be given after pronouncing the | ||||||
12 | sentence, shall include the following:
| ||||||
13 | "The purpose of this statement is to inform the public of | ||||||
14 | the actual period
of time this defendant is likely to spend in | ||||||
15 | prison as a result of this
sentence. The actual period of | ||||||
16 | prison time served is determined by the
statutes of Illinois as | ||||||
17 | applied to this sentence by the Illinois Department
of | ||||||
18 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
19 | case, the
defendant is not entitled to good conduct credit. | ||||||
20 | Therefore, this defendant
will serve 100% of his or her | ||||||
21 | sentence."
| ||||||
22 | When the sentencing order recommends placement in a | ||||||
23 | substance abuse program for any offense that results in | ||||||
24 | incarceration
in a Department of Corrections facility and the | ||||||
25 | crime was
committed on or after September 1, 2003 (the | ||||||
26 | effective date of Public Act
93-354), the judge's
statement, in |
| |||||||
| |||||||
1 | addition to any other judge's statement required under this
| ||||||
2 | Section, to be given after pronouncing the sentence, shall | ||||||
3 | include the
following:
| ||||||
4 | "The purpose of this statement is to inform the public of
| ||||||
5 | the actual period of time this defendant is likely to spend in
| ||||||
6 | prison as a result of this sentence. The actual period of
| ||||||
7 | prison time served is determined by the statutes of Illinois as
| ||||||
8 | applied to this sentence by the Illinois Department of
| ||||||
9 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
10 | case, the defendant shall receive no good conduct credit under | ||||||
11 | clause (3) of subsection (a) of Section 3-6-3 until he or
she | ||||||
12 | participates in and completes a substance abuse treatment | ||||||
13 | program or receives a waiver from the Director of Corrections | ||||||
14 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3. "
| ||||||
15 | (c-4) Before the sentencing hearing and as part of the | ||||||
16 | presentence investigation under Section 5-3-1, the court shall | ||||||
17 | inquire of the defendant whether the defendant is currently | ||||||
18 | serving in or is a veteran of the Armed Forces of the United | ||||||
19 | States.
If the defendant is currently serving in the Armed | ||||||
20 | Forces of the United States or is a veteran of the Armed Forces | ||||||
21 | of the United States and has been diagnosed as having a mental | ||||||
22 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
23 | physician, the court may: | ||||||
24 | (1) order that the officer preparing the presentence | ||||||
25 | report consult with the United States Department of | ||||||
26 | Veterans Affairs, Illinois Department of Veterans' |
| |||||||
| |||||||
1 | Affairs, or another agency or person with suitable | ||||||
2 | knowledge or experience for the purpose of providing the | ||||||
3 | court with information regarding treatment options | ||||||
4 | available to the defendant, including federal, State, and | ||||||
5 | local programming; and | ||||||
6 | (2) consider the treatment recommendations of any | ||||||
7 | diagnosing or treating mental health professionals | ||||||
8 | together with the treatment options available to the | ||||||
9 | defendant in imposing sentence. | ||||||
10 | For the purposes of this subsection (c-4), "qualified | ||||||
11 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
12 | to practice medicine in all its branches, who has specialized | ||||||
13 | in the diagnosis and treatment of mental and nervous disorders | ||||||
14 | for a period of not less than 5 years. | ||||||
15 | (d) When the defendant is committed to the Department of
| ||||||
16 | Corrections, the State's Attorney shall and counsel for the | ||||||
17 | defendant
may file a statement with the clerk of the court to | ||||||
18 | be transmitted to
the department, agency or institution to | ||||||
19 | which the defendant is
committed to furnish such department, | ||||||
20 | agency or institution with the
facts and circumstances of the | ||||||
21 | offense for which the person was
committed together with all | ||||||
22 | other factual information accessible to them
in regard to the | ||||||
23 | person prior to his commitment relative to his habits,
| ||||||
24 | associates, disposition and reputation and any other facts and
| ||||||
25 | circumstances which may aid such department, agency or | ||||||
26 | institution
during its custody of such person. The clerk shall |
| |||||||
| |||||||
1 | within 10 days after
receiving any such statements transmit a | ||||||
2 | copy to such department, agency
or institution and a copy to | ||||||
3 | the other party, provided, however, that
this shall not be | ||||||
4 | cause for delay in conveying the person to the
department, | ||||||
5 | agency or institution to which he has been committed.
| ||||||
6 | (e) The clerk of the court shall transmit to the | ||||||
7 | department,
agency or institution, if any, to which the | ||||||
8 | defendant is committed, the
following:
| ||||||
9 | (1) the sentence imposed;
| ||||||
10 | (2) any statement by the court of the basis for | ||||||
11 | imposing the sentence;
| ||||||
12 | (3) any presentence reports;
| ||||||
13 | (3.5) any sex offender evaluations;
| ||||||
14 | (3.6) any substance abuse treatment eligibility | ||||||
15 | screening and assessment of the defendant by an agent | ||||||
16 | designated by the State of Illinois to provide assessment | ||||||
17 | services for the Illinois courts;
| ||||||
18 | (4) the number of days, if any, which the defendant has | ||||||
19 | been in
custody and for which he is entitled to credit | ||||||
20 | against the sentence,
which information shall be provided | ||||||
21 | to the clerk by the sheriff;
| ||||||
22 | (4.1) any finding of great bodily harm made by the | ||||||
23 | court with respect
to an offense enumerated in subsection | ||||||
24 | (c-1);
| ||||||
25 | (5) all statements filed under subsection (d) of this | ||||||
26 | Section;
|
| |||||||
| |||||||
1 | (6) any medical or mental health records or summaries | ||||||
2 | of the defendant;
| ||||||
3 | (7) the municipality where the arrest of the offender | ||||||
4 | or the commission
of the offense has occurred, where such | ||||||
5 | municipality has a population of
more than 25,000 persons;
| ||||||
6 | (8) all statements made and evidence offered under | ||||||
7 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
8 | (9) all additional matters which the court directs the | ||||||
9 | clerk to
transmit.
| ||||||
10 | (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
| ||||||
11 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
12 | Sec. 5-5-3. Disposition.
| ||||||
13 | (a) (Blank).
| ||||||
14 | (b) (Blank).
| ||||||
15 | (c) (1) (Blank).
| ||||||
16 | (2) A period of probation, a term of periodic | ||||||
17 | imprisonment or
conditional discharge shall not be imposed | ||||||
18 | for the following offenses.
The court shall sentence the | ||||||
19 | offender to not less than the minimum term
of imprisonment | ||||||
20 | set forth in this Code for the following offenses, and
may | ||||||
21 | order a fine or restitution or both in conjunction with | ||||||
22 | such term of
imprisonment:
| ||||||
23 | (A) First degree murder where the death penalty is | ||||||
24 | not imposed.
| ||||||
25 | (B) Attempted first degree murder.
|
| |||||||
| |||||||
1 | (C) A Class X felony.
| ||||||
2 | (D) A violation of Section 401.1 or 407 of the
| ||||||
3 | Illinois Controlled Substances Act, or a violation of | ||||||
4 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
5 | of that Act which relates to more than 5 grams of a | ||||||
6 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
7 | analog thereof.
| ||||||
8 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
9 | Control
Act.
| ||||||
10 | (F) A Class 2 or greater felony if the offender had | ||||||
11 | been convicted
of a Class 2 or greater felony, | ||||||
12 | including any state or federal conviction for an | ||||||
13 | offense that contained, at the time it was committed, | ||||||
14 | the same elements as an offense now (the date of the | ||||||
15 | offense committed after the prior Class 2 or greater | ||||||
16 | felony) classified as a Class 2 or greater felony, | ||||||
17 | within 10 years of the date on which the
offender
| ||||||
18 | committed the offense for which he or she is being | ||||||
19 | sentenced, except as
otherwise provided in Section | ||||||
20 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
21 | Dependency Act.
| ||||||
22 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
23 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
24 | imprisonment is prescribed in those Sections.
| ||||||
25 | (G) Residential burglary, except as otherwise | ||||||
26 | provided in Section 40-10
of the Alcoholism and Other |
| |||||||
| |||||||
1 | Drug Abuse and Dependency Act.
| ||||||
2 | (H) Criminal sexual assault.
| ||||||
3 | (I) Aggravated battery of a senior citizen.
| ||||||
4 | (J) A forcible felony if the offense was related to | ||||||
5 | the activities of an
organized gang.
| ||||||
6 | Before July 1, 1994, for the purposes of this | ||||||
7 | paragraph, "organized
gang" means an association of 5 | ||||||
8 | or more persons, with an established hierarchy,
that | ||||||
9 | encourages members of the association to perpetrate | ||||||
10 | crimes or provides
support to the members of the | ||||||
11 | association who do commit crimes.
| ||||||
12 | Beginning July 1, 1994, for the purposes of this | ||||||
13 | paragraph,
"organized gang" has the meaning ascribed | ||||||
14 | to it in Section 10 of the Illinois
Streetgang | ||||||
15 | Terrorism Omnibus Prevention Act.
| ||||||
16 | (K) Vehicular hijacking.
| ||||||
17 | (L) A second or subsequent conviction for the | ||||||
18 | offense of hate crime
when the underlying offense upon | ||||||
19 | which the hate crime is based is felony
aggravated
| ||||||
20 | assault or felony mob action.
| ||||||
21 | (M) A second or subsequent conviction for the | ||||||
22 | offense of institutional
vandalism if the damage to the | ||||||
23 | property exceeds $300.
| ||||||
24 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
25 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
26 | Identification Card Act.
|
| |||||||
| |||||||
1 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
2 | Code of 1961.
| ||||||
3 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
4 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
5 | Criminal Code of 1961.
| ||||||
6 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
7 | Criminal Code of
1961.
| ||||||
8 | (R) A violation of Section 24-3A of the Criminal | ||||||
9 | Code of
1961.
| ||||||
10 | (S) (Blank).
| ||||||
11 | (T) A second or subsequent violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act.
| ||||||
13 | (U) A second or subsequent violation of Section | ||||||
14 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
15 | or her driver's license, permit, or privilege was | ||||||
16 | revoked because of a violation of Section 9-3 of the | ||||||
17 | Criminal Code of 1961, relating to the offense of | ||||||
18 | reckless homicide, or a similar provision of a law of | ||||||
19 | another state.
| ||||||
20 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
21 | of Section 11-20.3 of the Criminal Code of 1961. | ||||||
22 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
23 | Code of 1961.
| ||||||
24 | (X) A violation of subsection (a) of Section 31-1a | ||||||
25 | of the Criminal Code of 1961. | ||||||
26 | (Y) A conviction for unlawful possession of a |
| |||||||
| |||||||
1 | firearm by a street gang member when the firearm was | ||||||
2 | loaded or contained firearm ammunition.
| ||||||
3 | (3) (Blank).
| ||||||
4 | (4) A minimum term of imprisonment of not less than 10
| ||||||
5 | consecutive days or 30 days of community service shall be | ||||||
6 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
7 | of the Illinois Vehicle Code.
| ||||||
8 | (4.1) (Blank).
| ||||||
9 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
10 | of this subsection (c), a
minimum of
100 hours of community | ||||||
11 | service shall be imposed for a second violation of
Section | ||||||
12 | 6-303
of the Illinois Vehicle Code.
| ||||||
13 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
14 | hours of community
service, as determined by the court, | ||||||
15 | shall
be imposed for a second violation of subsection (c) | ||||||
16 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
17 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
18 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
19 | imprisonment of 30 days or 300 hours of community service, | ||||||
20 | as
determined by the court, shall
be imposed
for a third or | ||||||
21 | subsequent violation of Section 6-303 of the Illinois | ||||||
22 | Vehicle
Code.
| ||||||
23 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
24 | be imposed for a third violation of subsection (c) of
| ||||||
25 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
26 | (4.6) Except as provided in paragraph (4.10) of this |
| |||||||
| |||||||
1 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
2 | shall be imposed for a
fourth or subsequent violation of | ||||||
3 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
4 | Code.
| ||||||
5 | (4.7) A minimum term of imprisonment of not less than | ||||||
6 | 30 consecutive days, or 300 hours of community service, | ||||||
7 | shall be imposed for a violation of subsection (a-5) of | ||||||
8 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
9 | subsection (b-5) of that Section.
| ||||||
10 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
11 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
12 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
13 | of that Section. The person's driving privileges shall be | ||||||
14 | revoked for a period of not less than 5 years from the date | ||||||
15 | of his or her release from prison.
| ||||||
16 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
17 | and not more than 15 years shall be imposed for a third | ||||||
18 | violation of subsection (a-5) of Section 6-303 of the | ||||||
19 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
20 | that Section. The person's driving privileges shall be | ||||||
21 | revoked for the remainder of his or her life.
| ||||||
22 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
23 | shall be imposed, and the person shall be eligible for an | ||||||
24 | extended term sentence, for a fourth or subsequent | ||||||
25 | violation of subsection (a-5) of Section 6-303 of the | ||||||
26 | Illinois Vehicle Code, as provided in subsection (d-3.5) of |
| |||||||
| |||||||
1 | that Section. The person's driving privileges shall be | ||||||
2 | revoked for the remainder of his or her life.
| ||||||
3 | (5) The court may sentence a corporation or | ||||||
4 | unincorporated
association convicted of any offense to:
| ||||||
5 | (A) a period of conditional discharge;
| ||||||
6 | (B) a fine;
| ||||||
7 | (C) make restitution to the victim under Section | ||||||
8 | 5-5-6 of this Code.
| ||||||
9 | (5.1) In addition to any other penalties imposed, and | ||||||
10 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
11 | convicted of violating subsection (c) of Section 11-907 of | ||||||
12 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
13 | license, permit, or privileges
suspended for at least 90 | ||||||
14 | days but not more than one year, if the violation
resulted | ||||||
15 | in damage to the property of another person.
| ||||||
16 | (5.2) In addition to any other penalties imposed, and | ||||||
17 | except as provided in paragraph (5.3), a person convicted
| ||||||
18 | of violating subsection (c) of Section 11-907 of the | ||||||
19 | Illinois Vehicle Code
shall have his or her driver's | ||||||
20 | license, permit, or privileges suspended for at
least 180 | ||||||
21 | days but not more than 2 years, if the violation resulted | ||||||
22 | in injury
to
another person.
| ||||||
23 | (5.3) In addition to any other penalties imposed, a | ||||||
24 | person convicted of violating subsection (c) of Section
| ||||||
25 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
26 | driver's license,
permit, or privileges suspended for 2 |
| |||||||
| |||||||
1 | years, if the violation resulted in the
death of another | ||||||
2 | person.
| ||||||
3 | (5.4) In addition to any other penalties imposed, a | ||||||
4 | person convicted of violating Section 3-707 of the Illinois | ||||||
5 | Vehicle Code shall have his or her driver's license, | ||||||
6 | permit, or privileges suspended for 3 months and until he | ||||||
7 | or she has paid a reinstatement fee of $100. | ||||||
8 | (5.5) In addition to any other penalties imposed, a | ||||||
9 | person convicted of violating Section 3-707 of the Illinois | ||||||
10 | Vehicle Code during a period in which his or her driver's | ||||||
11 | license, permit, or privileges were suspended for a | ||||||
12 | previous violation of that Section shall have his or her | ||||||
13 | driver's license, permit, or privileges suspended for an | ||||||
14 | additional 6 months after the expiration of the original | ||||||
15 | 3-month suspension and until he or she has paid a | ||||||
16 | reinstatement fee of $100.
| ||||||
17 | (6) (Blank).
| ||||||
18 | (7) (Blank).
| ||||||
19 | (8) (Blank).
| ||||||
20 | (9) A defendant convicted of a second or subsequent | ||||||
21 | offense of ritualized
abuse of a child may be sentenced to | ||||||
22 | a term of natural life imprisonment.
| ||||||
23 | (10) (Blank).
| ||||||
24 | (11) The court shall impose a minimum fine of $1,000 | ||||||
25 | for a first offense
and $2,000 for a second or subsequent | ||||||
26 | offense upon a person convicted of or
placed on supervision |
| |||||||
| |||||||
1 | for battery when the individual harmed was a sports
| ||||||
2 | official or coach at any level of competition and the act | ||||||
3 | causing harm to the
sports
official or coach occurred | ||||||
4 | within an athletic facility or within the immediate | ||||||
5 | vicinity
of the athletic facility at which the sports | ||||||
6 | official or coach was an active
participant
of the athletic | ||||||
7 | contest held at the athletic facility. For the purposes of
| ||||||
8 | this paragraph (11), "sports official" means a person at an | ||||||
9 | athletic contest
who enforces the rules of the contest, | ||||||
10 | such as an umpire or referee; "athletic facility" means an | ||||||
11 | indoor or outdoor playing field or recreational area where | ||||||
12 | sports activities are conducted;
and "coach" means a person | ||||||
13 | recognized as a coach by the sanctioning
authority that | ||||||
14 | conducted the sporting event. | ||||||
15 | (12) A person may not receive a disposition of court | ||||||
16 | supervision for a
violation of Section 5-16 of the Boat | ||||||
17 | Registration and Safety Act if that
person has previously | ||||||
18 | received a disposition of court supervision for a
violation | ||||||
19 | of that Section.
| ||||||
20 | (13) A person convicted of or placed on court | ||||||
21 | supervision for an assault or aggravated assault when the | ||||||
22 | victim and the offender are family or household members as | ||||||
23 | defined in Section 103 of the Illinois Domestic Violence | ||||||
24 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
25 | domestic battery may be required to attend a Partner Abuse | ||||||
26 | Intervention Program under protocols set forth by the |
| |||||||
| |||||||
1 | Illinois Department of Human Services under such terms and | ||||||
2 | conditions imposed by the court. The costs of such classes | ||||||
3 | shall be paid by the offender.
| ||||||
4 | (d) In any case in which a sentence originally imposed is | ||||||
5 | vacated,
the case shall be remanded to the trial court. The | ||||||
6 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
7 | Unified Code of Corrections
which may include evidence of the | ||||||
8 | defendant's life, moral character and
occupation during the | ||||||
9 | time since the original sentence was passed. The
trial court | ||||||
10 | shall then impose sentence upon the defendant. The trial
court | ||||||
11 | may impose any sentence which could have been imposed at the
| ||||||
12 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
13 | Corrections.
If a sentence is vacated on appeal or on | ||||||
14 | collateral attack due to the
failure of the trier of fact at | ||||||
15 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
16 | fact (other than a prior conviction) necessary to increase the
| ||||||
17 | punishment for the offense beyond the statutory maximum | ||||||
18 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
19 | to a term within the range otherwise
provided or, if the State | ||||||
20 | files notice of its intention to again seek the
extended | ||||||
21 | sentence, the defendant shall be afforded a new trial.
| ||||||
22 | (e) In cases where prosecution for
aggravated criminal | ||||||
23 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
24 | results in conviction of a defendant
who was a family member of | ||||||
25 | the victim at the time of the commission of the
offense, the | ||||||
26 | court shall consider the safety and welfare of the victim and
|
| |||||||
| |||||||
1 | may impose a sentence of probation only where:
| ||||||
2 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
3 | (A) the defendant is willing to undergo a court | ||||||
4 | approved counseling
program for a minimum duration of 2 | ||||||
5 | years; or
| ||||||
6 | (B) the defendant is willing to participate in a | ||||||
7 | court approved plan
including but not limited to the | ||||||
8 | defendant's:
| ||||||
9 | (i) removal from the household;
| ||||||
10 | (ii) restricted contact with the victim;
| ||||||
11 | (iii) continued financial support of the | ||||||
12 | family;
| ||||||
13 | (iv) restitution for harm done to the victim; | ||||||
14 | and
| ||||||
15 | (v) compliance with any other measures that | ||||||
16 | the court may
deem appropriate; and
| ||||||
17 | (2) the court orders the defendant to pay for the | ||||||
18 | victim's counseling
services, to the extent that the court | ||||||
19 | finds, after considering the
defendant's income and | ||||||
20 | assets, that the defendant is financially capable of
paying | ||||||
21 | for such services, if the victim was under 18 years of age | ||||||
22 | at the
time the offense was committed and requires | ||||||
23 | counseling as a result of the
offense.
| ||||||
24 | Probation may be revoked or modified pursuant to Section | ||||||
25 | 5-6-4; except
where the court determines at the hearing that | ||||||
26 | the defendant violated a
condition of his or her probation |
| |||||||
| |||||||
1 | restricting contact with the victim or
other family members or | ||||||
2 | commits another offense with the victim or other
family | ||||||
3 | members, the court shall revoke the defendant's probation and
| ||||||
4 | impose a term of imprisonment.
| ||||||
5 | For the purposes of this Section, "family member" and | ||||||
6 | "victim" shall have
the meanings ascribed to them in Section | ||||||
7 | 12-12 of the Criminal Code of
1961.
| ||||||
8 | (f) (Blank).
| ||||||
9 | (g) Whenever a defendant is convicted of an offense under | ||||||
10 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
11 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
12 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
13 | medical testing to
determine whether the defendant has any | ||||||
14 | sexually transmissible disease,
including a test for infection | ||||||
15 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
16 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
17 | Any such medical test shall be performed only by appropriately
| ||||||
18 | licensed medical practitioners and may include an analysis of | ||||||
19 | any bodily
fluids as well as an examination of the defendant's | ||||||
20 | person.
Except as otherwise provided by law, the results of | ||||||
21 | such test shall be kept
strictly confidential by all medical | ||||||
22 | personnel involved in the testing and must
be personally | ||||||
23 | delivered in a sealed envelope to the judge of the court in | ||||||
24 | which
the conviction was entered for the judge's inspection in | ||||||
25 | camera. Acting in
accordance with the best interests of the | ||||||
26 | victim and the public, the judge
shall have the discretion to |
| |||||||
| |||||||
1 | determine to whom, if anyone, the results of the
testing may be | ||||||
2 | revealed. The court shall notify the defendant
of the test | ||||||
3 | results. The court shall
also notify the victim if requested by | ||||||
4 | the victim, and if the victim is under
the age of 15 and if | ||||||
5 | requested by the victim's parents or legal guardian, the
court | ||||||
6 | shall notify the victim's parents or legal guardian of the test
| ||||||
7 | results.
The court shall provide information on the | ||||||
8 | availability of HIV testing
and counseling at Department of | ||||||
9 | Public Health facilities to all parties to
whom the results of | ||||||
10 | the testing are revealed and shall direct the State's
Attorney | ||||||
11 | to provide the information to the victim when possible.
A | ||||||
12 | State's Attorney may petition the court to obtain the results | ||||||
13 | of any HIV test
administered under this Section, and the court | ||||||
14 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
15 | relevant in order to prosecute a charge of
criminal | ||||||
16 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
17 | of 1961
against the defendant. The court shall order that the | ||||||
18 | cost of any such test
shall be paid by the county and may be | ||||||
19 | taxed as costs against the convicted
defendant.
| ||||||
20 | (g-5) When an inmate is tested for an airborne communicable | ||||||
21 | disease, as
determined by the Illinois Department of Public | ||||||
22 | Health including but not
limited to tuberculosis, the results | ||||||
23 | of the test shall be
personally delivered by the warden or his | ||||||
24 | or her designee in a sealed envelope
to the judge of the court | ||||||
25 | in which the inmate must appear for the judge's
inspection in | ||||||
26 | camera if requested by the judge. Acting in accordance with the
|
| |||||||
| |||||||
1 | best interests of those in the courtroom, the judge shall have | ||||||
2 | the discretion
to determine what if any precautions need to be | ||||||
3 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
4 | (h) Whenever a defendant is convicted of an offense under | ||||||
5 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
6 | defendant shall undergo
medical testing to determine whether | ||||||
7 | the defendant has been exposed to human
immunodeficiency virus | ||||||
8 | (HIV) or any other identified causative agent of
acquired | ||||||
9 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
10 | by
law, the results of such test shall be kept strictly | ||||||
11 | confidential by all
medical personnel involved in the testing | ||||||
12 | and must be personally delivered in a
sealed envelope to the | ||||||
13 | judge of the court in which the conviction was entered
for the | ||||||
14 | judge's inspection in camera. Acting in accordance with the | ||||||
15 | best
interests of the public, the judge shall have the | ||||||
16 | discretion to determine to
whom, if anyone, the results of the | ||||||
17 | testing may be revealed. The court shall
notify the defendant | ||||||
18 | of a positive test showing an infection with the human
| ||||||
19 | immunodeficiency virus (HIV). The court shall provide | ||||||
20 | information on the
availability of HIV testing and counseling | ||||||
21 | at Department of Public Health
facilities to all parties to | ||||||
22 | whom the results of the testing are revealed and
shall direct | ||||||
23 | the State's Attorney to provide the information to the victim | ||||||
24 | when
possible. A State's Attorney may petition the court to | ||||||
25 | obtain the results of
any HIV test administered under this | ||||||
26 | Section, and the court shall grant the
disclosure if the |
| |||||||
| |||||||
1 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
2 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
3 | the Criminal
Code of 1961 against the defendant. The court | ||||||
4 | shall order that the cost of any
such test shall be paid by the | ||||||
5 | county and may be taxed as costs against the
convicted | ||||||
6 | defendant.
| ||||||
7 | (i) All fines and penalties imposed under this Section for | ||||||
8 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
9 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
10 | any violation
of the Child Passenger Protection Act, or a | ||||||
11 | similar provision of a local
ordinance, shall be collected and | ||||||
12 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
13 | of the Clerks of Courts Act.
| ||||||
14 | (j) In cases when prosecution for any violation of Section | ||||||
15 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
16 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
17 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
18 | Code of 1961, any violation of the Illinois Controlled | ||||||
19 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
20 | any violation of the Methamphetamine Control and Community | ||||||
21 | Protection Act results in conviction, a
disposition of court | ||||||
22 | supervision, or an order of probation granted under
Section 10 | ||||||
23 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
24 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
25 | Control and Community Protection Act of a defendant, the court | ||||||
26 | shall determine whether the
defendant is employed by a facility |
| |||||||
| |||||||
1 | or center as defined under the Child Care
Act of 1969, a public | ||||||
2 | or private elementary or secondary school, or otherwise
works | ||||||
3 | with children under 18 years of age on a daily basis. When a | ||||||
4 | defendant
is so employed, the court shall order the Clerk of | ||||||
5 | the Court to send a copy of
the judgment of conviction or order | ||||||
6 | of supervision or probation to the
defendant's employer by | ||||||
7 | certified mail.
If the employer of the defendant is a school, | ||||||
8 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
9 | the judgment of conviction or order of
supervision or probation | ||||||
10 | to the appropriate regional superintendent of schools.
The | ||||||
11 | regional superintendent of schools shall notify the State Board | ||||||
12 | of
Education of any notification under this subsection.
| ||||||
13 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
14 | of a felony and
who has not been previously convicted of a | ||||||
15 | misdemeanor or felony and who is
sentenced to a term of | ||||||
16 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
17 | a condition of his or her sentence be required by the court to | ||||||
18 | attend
educational courses designed to prepare the defendant | ||||||
19 | for a high school diploma
and to work toward a high school | ||||||
20 | diploma or to work toward passing the high
school level Test of | ||||||
21 | General Educational Development (GED) or to work toward
| ||||||
22 | completing a vocational training program offered by the | ||||||
23 | Department of
Corrections. If a defendant fails to complete the | ||||||
24 | educational training
required by his or her sentence during the | ||||||
25 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
26 | condition of mandatory supervised release, require the
|
| |||||||
| |||||||
1 | defendant, at his or her own expense, to pursue a course of | ||||||
2 | study toward a high
school diploma or passage of the GED test. | ||||||
3 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
4 | release of a defendant who wilfully fails to
comply with this | ||||||
5 | subsection (j-5) upon his or her release from confinement in a
| ||||||
6 | penal institution while serving a mandatory supervised release | ||||||
7 | term; however,
the inability of the defendant after making a | ||||||
8 | good faith effort to obtain
financial aid or pay for the | ||||||
9 | educational training shall not be deemed a wilful
failure to | ||||||
10 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
11 | whose mandatory supervised release term has been revoked under | ||||||
12 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
13 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
14 | school diploma or has successfully passed the GED
test. This | ||||||
15 | subsection (j-5) does not apply to a defendant who is | ||||||
16 | determined by
the court to be developmentally disabled or | ||||||
17 | otherwise mentally incapable of
completing the educational or | ||||||
18 | vocational program.
| ||||||
19 | (k) (Blank).
| ||||||
20 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
21 | (l), whenever a defendant,
who is an alien as defined by | ||||||
22 | the Immigration and Nationality Act, is convicted
of any | ||||||
23 | felony or misdemeanor offense, the court after sentencing | ||||||
24 | the defendant
may, upon motion of the State's Attorney, | ||||||
25 | hold sentence in abeyance and remand
the defendant to the | ||||||
26 | custody of the Attorney General of
the United States or his |
| |||||||
| |||||||
1 | or her designated agent to be deported when:
| ||||||
2 | (1) a final order of deportation has been issued | ||||||
3 | against the defendant
pursuant to proceedings under | ||||||
4 | the Immigration and Nationality Act, and
| ||||||
5 | (2) the deportation of the defendant would not | ||||||
6 | deprecate the seriousness
of the defendant's conduct | ||||||
7 | and would not be inconsistent with the ends of
justice.
| ||||||
8 | Otherwise, the defendant shall be sentenced as | ||||||
9 | provided in this Chapter V.
| ||||||
10 | (B) If the defendant has already been sentenced for a | ||||||
11 | felony or
misdemeanor
offense, or has been placed on | ||||||
12 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
13 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
14 | Section 70 of the Methamphetamine Control and Community | ||||||
15 | Protection Act, the court
may, upon motion of the State's | ||||||
16 | Attorney to suspend the
sentence imposed, commit the | ||||||
17 | defendant to the custody of the Attorney General
of the | ||||||
18 | United States or his or her designated agent when:
| ||||||
19 | (1) a final order of deportation has been issued | ||||||
20 | against the defendant
pursuant to proceedings under | ||||||
21 | the Immigration and Nationality Act, and
| ||||||
22 | (2) the deportation of the defendant would not | ||||||
23 | deprecate the seriousness
of the defendant's conduct | ||||||
24 | and would not be inconsistent with the ends of
justice.
| ||||||
25 | (C) This subsection (l) does not apply to offenders who | ||||||
26 | are subject to the
provisions of paragraph (2) of |
| |||||||
| |||||||
1 | subsection (a) of Section 3-6-3.
| ||||||
2 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
3 | sentenced under
this Section returns to the jurisdiction of | ||||||
4 | the United States, the defendant
shall be recommitted to | ||||||
5 | the custody of the county from which he or she was
| ||||||
6 | sentenced.
Thereafter, the defendant shall be brought | ||||||
7 | before the sentencing court, which
may impose any sentence | ||||||
8 | that was available under Section 5-5-3 at the time of
| ||||||
9 | initial sentencing. In addition, the defendant shall not be | ||||||
10 | eligible for
additional good conduct credit for | ||||||
11 | meritorious service as provided under
Section 3-6-6.
| ||||||
12 | (m) A person convicted of criminal defacement of property | ||||||
13 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
14 | property damage exceeds $300
and the property damaged is a | ||||||
15 | school building, shall be ordered to perform
community service | ||||||
16 | that may include cleanup, removal, or painting over the
| ||||||
17 | defacement.
| ||||||
18 | (n) The court may sentence a person convicted of a | ||||||
19 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
20 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
21 | person is otherwise eligible for that program
under Section | ||||||
22 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
23 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
24 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
25 | program licensed under that
Act. | ||||||
26 | (o) Whenever a person is convicted of a sex offense as |
| |||||||
| |||||||
1 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
2 | defendant's driver's license or permit shall be subject to | ||||||
3 | renewal on an annual basis in accordance with the provisions of | ||||||
4 | license renewal established by the Secretary of State.
| ||||||
5 | (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | ||||||
6 | 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | ||||||
7 | 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | ||||||
8 | 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | ||||||
9 | eff. 12-3-09.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|