99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5974

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3

    Amends the Unified Code of Corrections. Eliminates provisions that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for: (1) the manufacture, delivery, or possession with intent to deliver more than 5 grams but less than 15 grams of a substance containing cocaine, fentanyl, or an analog thereof; (2) 3 or more grams but less than 15 grams of a substance containing heroin or an analog thereof; (3) a Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as a Class 2 or greater felony, within 10 years of the date on which the offender committed the offense for which he or she is being sentenced; or (4) residential burglary.


LRB099 15570 RLC 44975 b

 

 

A BILL FOR

 

HB5974LRB099 15570 RLC 44975 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Unified Code of Corrections is amended by
5changing Section 5-5-3 as follows:
 
6    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
7    Sec. 5-5-3. Disposition.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (1) (Blank).
11    (2) A period of probation, a term of periodic imprisonment
12or conditional discharge shall not be imposed for the following
13offenses. The court shall sentence the offender to not less
14than the minimum term of imprisonment set forth in this Code
15for the following offenses, and may order a fine or restitution
16or both in conjunction with such term of imprisonment:
17        (A) First degree murder where the death penalty is not
18    imposed.
19        (B) Attempted first degree murder.
20        (C) A Class X felony.
21        (D) (Blank). A violation of Section 401.1 or 407 of the
22    Illinois Controlled Substances Act, or a violation of
23    subdivision (c)(1.5) or (c)(2) of Section 401 of that Act

 

 

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1    which relates to more than 5 grams of a substance
2    containing cocaine, fentanyl, or an analog thereof.
3        (D-5) (Blank). A violation of subdivision (c)(1) of
4    Section 401 of the Illinois Controlled Substances Act which
5    relates to 3 or more grams of a substance containing heroin
6    or an analog thereof.
7        (E) A violation of Section 5.1 or 9 of the Cannabis
8    Control Act.
9        (F) (Blank). A Class 2 or greater felony if the
10    offender had been convicted of a Class 2 or greater felony,
11    including any state or federal conviction for an offense
12    that contained, at the time it was committed, the same
13    elements as an offense now (the date of the offense
14    committed after the prior Class 2 or greater felony)
15    classified as a Class 2 or greater felony, within 10 years
16    of the date on which the offender committed the offense for
17    which he or she is being sentenced, except as otherwise
18    provided in Section 40-10 of the Alcoholism and Other Drug
19    Abuse and Dependency Act.
20        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
21    the Criminal Code of 1961 or the Criminal Code of 2012 for
22    which imprisonment is prescribed in those Sections.
23        (G) (Blank). Residential burglary, except as otherwise
24    provided in Section 40-10 of the Alcoholism and Other Drug
25    Abuse and Dependency Act.
26        (H) Criminal sexual assault.

 

 

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1        (I) Aggravated battery of a senior citizen as described
2    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
3    of the Criminal Code of 1961 or the Criminal Code of 2012.
4        (J) A forcible felony if the offense was related to the
5    activities of an organized gang.
6        Before July 1, 1994, for the purposes of this
7    paragraph, "organized gang" means an association of 5 or
8    more persons, with an established hierarchy, that
9    encourages members of the association to perpetrate crimes
10    or provides support to the members of the association who
11    do commit crimes.
12        Beginning July 1, 1994, for the purposes of this
13    paragraph, "organized gang" has the meaning ascribed to it
14    in Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (K) Vehicular hijacking.
17        (L) A second or subsequent conviction for the offense
18    of hate crime when the underlying offense upon which the
19    hate crime is based is felony aggravated assault or felony
20    mob action.
21        (M) A second or subsequent conviction for the offense
22    of institutional vandalism if the damage to the property
23    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.

 

 

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1        (O) A violation of Section 12-6.1 or 12-6.5 of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        (P) A violation of paragraph (1), (2), (3), (4), (5),
4    or (7) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) A second or subsequent violation of the
13    Methamphetamine Control and Community Protection Act.
14        (U) A second or subsequent violation of Section 6-303
15    of the Illinois Vehicle Code committed while his or her
16    driver's license, permit, or privilege was revoked because
17    of a violation of Section 9-3 of the Criminal Code of 1961
18    or the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar provision of a law of
20    another state.
21        (V) A violation of paragraph (4) of subsection (c) of
22    Section 11-20.1B or paragraph (4) of subsection (c) of
23    Section 11-20.3 of the Criminal Code of 1961, or paragraph
24    (6) of subsection (a) of Section 11-20.1 of the Criminal
25    Code of 2012 when the victim is under 13 years of age and
26    the defendant has previously been convicted under the laws

 

 

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1    of this State or any other state of the offense of child
2    pornography, aggravated child pornography, aggravated
3    criminal sexual abuse, aggravated criminal sexual assault,
4    predatory criminal sexual assault of a child, or any of the
5    offenses formerly known as rape, deviate sexual assault,
6    indecent liberties with a child, or aggravated indecent
7    liberties with a child where the victim was under the age
8    of 18 years or an offense that is substantially equivalent
9    to those offenses.
10        (W) A violation of Section 24-3.5 of the Criminal Code
11    of 1961 or the Criminal Code of 2012.
12        (X) A violation of subsection (a) of Section 31-1a of
13    the Criminal Code of 1961 or the Criminal Code of 2012.
14        (Y) A conviction for unlawful possession of a firearm
15    by a street gang member when the firearm was loaded or
16    contained firearm ammunition.
17        (Z) A Class 1 felony committed while he or she was
18    serving a term of probation or conditional discharge for a
19    felony.
20        (AA) Theft of property exceeding $500,000 and not
21    exceeding $1,000,000 in value.
22        (BB) Laundering of criminally derived property of a
23    value exceeding $500,000.
24        (CC) Knowingly selling, offering for sale, holding for
25    sale, or using 2,000 or more counterfeit items or
26    counterfeit items having a retail value in the aggregate of

 

 

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1    $500,000 or more.
2        (DD) A conviction for aggravated assault under
3    paragraph (6) of subsection (c) of Section 12-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 if the
5    firearm is aimed toward the person against whom the firearm
6    is being used.
7    (3) (Blank).
8    (4) A minimum term of imprisonment of not less than 10
9consecutive days or 30 days of community service shall be
10imposed for a violation of paragraph (c) of Section 6-303 of
11the Illinois Vehicle Code.
12    (4.1) (Blank).
13    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
14this subsection (c), a minimum of 100 hours of community
15service shall be imposed for a second violation of Section
166-303 of the Illinois Vehicle Code.
17    (4.3) A minimum term of imprisonment of 30 days or 300
18hours of community service, as determined by the court, shall
19be imposed for a second violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21    (4.4) Except as provided in paragraphs (4.5), (4.6), and
22(4.9) of this subsection (c), a minimum term of imprisonment of
2330 days or 300 hours of community service, as determined by the
24court, shall be imposed for a third or subsequent violation of
25Section 6-303 of the Illinois Vehicle Code.
26    (4.5) A minimum term of imprisonment of 30 days shall be

 

 

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1imposed for a third violation of subsection (c) of Section
26-303 of the Illinois Vehicle Code.
3    (4.6) Except as provided in paragraph (4.10) of this
4subsection (c), a minimum term of imprisonment of 180 days
5shall be imposed for a fourth or subsequent violation of
6subsection (c) of Section 6-303 of the Illinois Vehicle Code.
7    (4.7) A minimum term of imprisonment of not less than 30
8consecutive days, or 300 hours of community service, shall be
9imposed for a violation of subsection (a-5) of Section 6-303 of
10the Illinois Vehicle Code, as provided in subsection (b-5) of
11that Section.
12    (4.8) A mandatory prison sentence shall be imposed for a
13second violation of subsection (a-5) of Section 6-303 of the
14Illinois Vehicle Code, as provided in subsection (c-5) of that
15Section. The person's driving privileges shall be revoked for a
16period of not less than 5 years from the date of his or her
17release from prison.
18    (4.9) A mandatory prison sentence of not less than 4 and
19not more than 15 years shall be imposed for a third violation
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle
21Code, as provided in subsection (d-2.5) of that Section. The
22person's driving privileges shall be revoked for the remainder
23of his or her life.
24    (4.10) A mandatory prison sentence for a Class 1 felony
25shall be imposed, and the person shall be eligible for an
26extended term sentence, for a fourth or subsequent violation of

 

 

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1subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
2as provided in subsection (d-3.5) of that Section. The person's
3driving privileges shall be revoked for the remainder of his or
4her life.
5    (5) The court may sentence a corporation or unincorporated
6association convicted of any offense to:
7        (A) a period of conditional discharge;
8        (B) a fine;
9        (C) make restitution to the victim under Section 5-5-6
10    of this Code.
11    (5.1) In addition to any other penalties imposed, and
12except as provided in paragraph (5.2) or (5.3), a person
13convicted of violating subsection (c) of Section 11-907 of the
14Illinois Vehicle Code shall have his or her driver's license,
15permit, or privileges suspended for at least 90 days but not
16more than one year, if the violation resulted in damage to the
17property of another person.
18    (5.2) In addition to any other penalties imposed, and
19except as provided in paragraph (5.3), a person convicted of
20violating subsection (c) of Section 11-907 of the Illinois
21Vehicle Code shall have his or her driver's license, permit, or
22privileges suspended for at least 180 days but not more than 2
23years, if the violation resulted in injury to another person.
24    (5.3) In addition to any other penalties imposed, a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

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1permit, or privileges suspended for 2 years, if the violation
2resulted in the death of another person.
3    (5.4) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code shall have his or her driver's license, permit, or
6privileges suspended for 3 months and until he or she has paid
7a reinstatement fee of $100.
8    (5.5) In addition to any other penalties imposed, a person
9convicted of violating Section 3-707 of the Illinois Vehicle
10Code during a period in which his or her driver's license,
11permit, or privileges were suspended for a previous violation
12of that Section shall have his or her driver's license, permit,
13or privileges suspended for an additional 6 months after the
14expiration of the original 3-month suspension and until he or
15she has paid a reinstatement fee of $100.
16    (6) (Blank).
17    (7) (Blank).
18    (8) (Blank).
19    (9) A defendant convicted of a second or subsequent offense
20of ritualized abuse of a child may be sentenced to a term of
21natural life imprisonment.
22    (10) (Blank).
23    (11) The court shall impose a minimum fine of $1,000 for a
24first offense and $2,000 for a second or subsequent offense
25upon a person convicted of or placed on supervision for battery
26when the individual harmed was a sports official or coach at

 

 

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1any level of competition and the act causing harm to the sports
2official or coach occurred within an athletic facility or
3within the immediate vicinity of the athletic facility at which
4the sports official or coach was an active participant of the
5athletic contest held at the athletic facility. For the
6purposes of this paragraph (11), "sports official" means a
7person at an athletic contest who enforces the rules of the
8contest, such as an umpire or referee; "athletic facility"
9means an indoor or outdoor playing field or recreational area
10where sports activities are conducted; and "coach" means a
11person recognized as a coach by the sanctioning authority that
12conducted the sporting event.
13    (12) A person may not receive a disposition of court
14supervision for a violation of Section 5-16 of the Boat
15Registration and Safety Act if that person has previously
16received a disposition of court supervision for a violation of
17that Section.
18    (13) A person convicted of or placed on court supervision
19for an assault or aggravated assault when the victim and the
20offender are family or household members as defined in Section
21103 of the Illinois Domestic Violence Act of 1986 or convicted
22of domestic battery or aggravated domestic battery may be
23required to attend a Partner Abuse Intervention Program under
24protocols set forth by the Illinois Department of Human
25Services under such terms and conditions imposed by the court.
26The costs of such classes shall be paid by the offender.

 

 

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1    (d) In any case in which a sentence originally imposed is
2vacated, the case shall be remanded to the trial court. The
3trial court shall hold a hearing under Section 5-4-1 of the
4Unified Code of Corrections which may include evidence of the
5defendant's life, moral character and occupation during the
6time since the original sentence was passed. The trial court
7shall then impose sentence upon the defendant. The trial court
8may impose any sentence which could have been imposed at the
9original trial subject to Section 5-5-4 of the Unified Code of
10Corrections. If a sentence is vacated on appeal or on
11collateral attack due to the failure of the trier of fact at
12trial to determine beyond a reasonable doubt the existence of a
13fact (other than a prior conviction) necessary to increase the
14punishment for the offense beyond the statutory maximum
15otherwise applicable, either the defendant may be re-sentenced
16to a term within the range otherwise provided or, if the State
17files notice of its intention to again seek the extended
18sentence, the defendant shall be afforded a new trial.
19    (e) In cases where prosecution for aggravated criminal
20sexual abuse under Section 11-1.60 or 12-16 of the Criminal
21Code of 1961 or the Criminal Code of 2012 results in conviction
22of a defendant who was a family member of the victim at the
23time of the commission of the offense, the court shall consider
24the safety and welfare of the victim and may impose a sentence
25of probation only where:
26        (1) the court finds (A) or (B) or both are appropriate:

 

 

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1            (A) the defendant is willing to undergo a court
2        approved counseling program for a minimum duration of 2
3        years; or
4            (B) the defendant is willing to participate in a
5        court approved plan including but not limited to the
6        defendant's:
7                (i) removal from the household;
8                (ii) restricted contact with the victim;
9                (iii) continued financial support of the
10            family;
11                (iv) restitution for harm done to the victim;
12            and
13                (v) compliance with any other measures that
14            the court may deem appropriate; and
15        (2) the court orders the defendant to pay for the
16    victim's counseling services, to the extent that the court
17    finds, after considering the defendant's income and
18    assets, that the defendant is financially capable of paying
19    for such services, if the victim was under 18 years of age
20    at the time the offense was committed and requires
21    counseling as a result of the offense.
22    Probation may be revoked or modified pursuant to Section
235-6-4; except where the court determines at the hearing that
24the defendant violated a condition of his or her probation
25restricting contact with the victim or other family members or
26commits another offense with the victim or other family

 

 

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1members, the court shall revoke the defendant's probation and
2impose a term of imprisonment.
3    For the purposes of this Section, "family member" and
4"victim" shall have the meanings ascribed to them in Section
511-0.1 of the Criminal Code of 2012.
6    (f) (Blank).
7    (g) Whenever a defendant is convicted of an offense under
8Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
911-14.3, 11-14.4 except for an offense that involves keeping a
10place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
13Criminal Code of 2012, the defendant shall undergo medical
14testing to determine whether the defendant has any sexually
15transmissible disease, including a test for infection with
16human immunodeficiency virus (HIV) or any other identified
17causative agent of acquired immunodeficiency syndrome (AIDS).
18Any such medical test shall be performed only by appropriately
19licensed medical practitioners and may include an analysis of
20any bodily fluids as well as an examination of the defendant's
21person. Except as otherwise provided by law, the results of
22such test shall be kept strictly confidential by all medical
23personnel involved in the testing and must be personally
24delivered in a sealed envelope to the judge of the court in
25which the conviction was entered for the judge's inspection in
26camera. Acting in accordance with the best interests of the

 

 

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1victim and the public, the judge shall have the discretion to
2determine to whom, if anyone, the results of the testing may be
3revealed. The court shall notify the defendant of the test
4results. The court shall also notify the victim if requested by
5the victim, and if the victim is under the age of 15 and if
6requested by the victim's parents or legal guardian, the court
7shall notify the victim's parents or legal guardian of the test
8results. The court shall provide information on the
9availability of HIV testing and counseling at Department of
10Public Health facilities to all parties to whom the results of
11the testing are revealed and shall direct the State's Attorney
12to provide the information to the victim when possible. A
13State's Attorney may petition the court to obtain the results
14of any HIV test administered under this Section, and the court
15shall grant the disclosure if the State's Attorney shows it is
16relevant in order to prosecute a charge of criminal
17transmission of HIV under Section 12-5.01 or 12-16.2 of the
18Criminal Code of 1961 or the Criminal Code of 2012 against the
19defendant. The court shall order that the cost of any such test
20shall be paid by the county and may be taxed as costs against
21the convicted defendant.
22    (g-5) When an inmate is tested for an airborne communicable
23disease, as determined by the Illinois Department of Public
24Health including but not limited to tuberculosis, the results
25of the test shall be personally delivered by the warden or his
26or her designee in a sealed envelope to the judge of the court

 

 

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1in which the inmate must appear for the judge's inspection in
2camera if requested by the judge. Acting in accordance with the
3best interests of those in the courtroom, the judge shall have
4the discretion to determine what if any precautions need to be
5taken to prevent transmission of the disease in the courtroom.
6    (h) Whenever a defendant is convicted of an offense under
7Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
8defendant shall undergo medical testing to determine whether
9the defendant has been exposed to human immunodeficiency virus
10(HIV) or any other identified causative agent of acquired
11immunodeficiency syndrome (AIDS). Except as otherwise provided
12by law, the results of such test shall be kept strictly
13confidential by all medical personnel involved in the testing
14and must be personally delivered in a sealed envelope to the
15judge of the court in which the conviction was entered for the
16judge's inspection in camera. Acting in accordance with the
17best interests of the public, the judge shall have the
18discretion to determine to whom, if anyone, the results of the
19testing may be revealed. The court shall notify the defendant
20of a positive test showing an infection with the human
21immunodeficiency virus (HIV). The court shall provide
22information on the availability of HIV testing and counseling
23at Department of Public Health facilities to all parties to
24whom the results of the testing are revealed and shall direct
25the State's Attorney to provide the information to the victim
26when possible. A State's Attorney may petition the court to

 

 

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1obtain the results of any HIV test administered under this
2Section, and the court shall grant the disclosure if the
3State's Attorney shows it is relevant in order to prosecute a
4charge of criminal transmission of HIV under Section 12-5.01 or
512-16.2 of the Criminal Code of 1961 or the Criminal Code of
62012 against the defendant. The court shall order that the cost
7of any such test shall be paid by the county and may be taxed as
8costs against the convicted defendant.
9    (i) All fines and penalties imposed under this Section for
10any violation of Chapters 3, 4, 6, and 11 of the Illinois
11Vehicle Code, or a similar provision of a local ordinance, and
12any violation of the Child Passenger Protection Act, or a
13similar provision of a local ordinance, shall be collected and
14disbursed by the circuit clerk as provided under Section 27.5
15of the Clerks of Courts Act.
16    (j) In cases when prosecution for any violation of Section
1711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
22Code of 2012, any violation of the Illinois Controlled
23Substances Act, any violation of the Cannabis Control Act, or
24any violation of the Methamphetamine Control and Community
25Protection Act results in conviction, a disposition of court
26supervision, or an order of probation granted under Section 10

 

 

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1of the Cannabis Control Act, Section 410 of the Illinois
2Controlled Substances Act, or Section 70 of the Methamphetamine
3Control and Community Protection Act of a defendant, the court
4shall determine whether the defendant is employed by a facility
5or center as defined under the Child Care Act of 1969, a public
6or private elementary or secondary school, or otherwise works
7with children under 18 years of age on a daily basis. When a
8defendant is so employed, the court shall order the Clerk of
9the Court to send a copy of the judgment of conviction or order
10of supervision or probation to the defendant's employer by
11certified mail. If the employer of the defendant is a school,
12the Clerk of the Court shall direct the mailing of a copy of
13the judgment of conviction or order of supervision or probation
14to the appropriate regional superintendent of schools. The
15regional superintendent of schools shall notify the State Board
16of Education of any notification under this subsection.
17    (j-5) A defendant at least 17 years of age who is convicted
18of a felony and who has not been previously convicted of a
19misdemeanor or felony and who is sentenced to a term of
20imprisonment in the Illinois Department of Corrections shall as
21a condition of his or her sentence be required by the court to
22attend educational courses designed to prepare the defendant
23for a high school diploma and to work toward a high school
24diploma or to work toward passing high school equivalency
25testing or to work toward completing a vocational training
26program offered by the Department of Corrections. If a

 

 

HB5974- 18 -LRB099 15570 RLC 44975 b

1defendant fails to complete the educational training required
2by his or her sentence during the term of incarceration, the
3Prisoner Review Board shall, as a condition of mandatory
4supervised release, require the defendant, at his or her own
5expense, to pursue a course of study toward a high school
6diploma or passage of high school equivalency testing. The
7Prisoner Review Board shall revoke the mandatory supervised
8release of a defendant who wilfully fails to comply with this
9subsection (j-5) upon his or her release from confinement in a
10penal institution while serving a mandatory supervised release
11term; however, the inability of the defendant after making a
12good faith effort to obtain financial aid or pay for the
13educational training shall not be deemed a wilful failure to
14comply. The Prisoner Review Board shall recommit the defendant
15whose mandatory supervised release term has been revoked under
16this subsection (j-5) as provided in Section 3-3-9. This
17subsection (j-5) does not apply to a defendant who has a high
18school diploma or has successfully passed high school
19equivalency testing. This subsection (j-5) does not apply to a
20defendant who is determined by the court to be a person with a
21developmental disability or otherwise mentally incapable of
22completing the educational or vocational program.
23    (k) (Blank).
24    (l) (A) Except as provided in paragraph (C) of subsection
25(l), whenever a defendant, who is an alien as defined by the
26Immigration and Nationality Act, is convicted of any felony or

 

 

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1misdemeanor offense, the court after sentencing the defendant
2may, upon motion of the State's Attorney, hold sentence in
3abeyance and remand the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent to be deported when:
6        (1) a final order of deportation has been issued
7    against the defendant pursuant to proceedings under the
8    Immigration and Nationality Act, and
9        (2) the deportation of the defendant would not
10    deprecate the seriousness of the defendant's conduct and
11    would not be inconsistent with the ends of justice.
12    Otherwise, the defendant shall be sentenced as provided in
13this Chapter V.
14    (B) If the defendant has already been sentenced for a
15felony or misdemeanor offense, or has been placed on probation
16under Section 10 of the Cannabis Control Act, Section 410 of
17the Illinois Controlled Substances Act, or Section 70 of the
18Methamphetamine Control and Community Protection Act, the
19court may, upon motion of the State's Attorney to suspend the
20sentence imposed, commit the defendant to the custody of the
21Attorney General of the United States or his or her designated
22agent when:
23        (1) a final order of deportation has been issued
24    against the defendant pursuant to proceedings under the
25    Immigration and Nationality Act, and
26        (2) the deportation of the defendant would not

 

 

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1    deprecate the seriousness of the defendant's conduct and
2    would not be inconsistent with the ends of justice.
3    (C) This subsection (l) does not apply to offenders who are
4subject to the provisions of paragraph (2) of subsection (a) of
5Section 3-6-3.
6    (D) Upon motion of the State's Attorney, if a defendant
7sentenced under this Section returns to the jurisdiction of the
8United States, the defendant shall be recommitted to the
9custody of the county from which he or she was sentenced.
10Thereafter, the defendant shall be brought before the
11sentencing court, which may impose any sentence that was
12available under Section 5-5-3 at the time of initial
13sentencing. In addition, the defendant shall not be eligible
14for additional sentence credit for good conduct as provided
15under Section 3-6-3.
16    (m) A person convicted of criminal defacement of property
17under Section 21-1.3 of the Criminal Code of 1961 or the
18Criminal Code of 2012, in which the property damage exceeds
19$300 and the property damaged is a school building, shall be
20ordered to perform community service that may include cleanup,
21removal, or painting over the defacement.
22    (n) The court may sentence a person convicted of a
23violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
24subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
25of 1961 or the Criminal Code of 2012 (i) to an impact
26incarceration program if the person is otherwise eligible for

 

 

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1that program under Section 5-8-1.1, (ii) to community service,
2or (iii) if the person is an addict or alcoholic, as defined in
3the Alcoholism and Other Drug Abuse and Dependency Act, to a
4substance or alcohol abuse program licensed under that Act.
5    (o) Whenever a person is convicted of a sex offense as
6defined in Section 2 of the Sex Offender Registration Act, the
7defendant's driver's license or permit shall be subject to
8renewal on an annual basis in accordance with the provisions of
9license renewal established by the Secretary of State.
10(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1199-143, eff. 7-27-15.)