103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1053

 

Introduced 1/12/2023, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 715/3  from Ch. 56 1/2, par. 1703
625 ILCS 5/6-106.1  from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-508  from Ch. 95 1/2, par. 6-508
720 ILCS 5/33A-3  from Ch. 38, par. 33A-3
720 ILCS 5/24-1.7 rep.
725 ILCS 5/110-6.1  from Ch. 38, par. 110-6.1
725 ILCS 5/111-3  from Ch. 38, par. 111-3
730 ILCS 5/3-2-2  from Ch. 38, par. 1003-2-2
730 ILCS 5/3-3-3  from Ch. 38, par. 1003-3-3
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4.5-95 rep.

    Amends the Criminal Code of 2012. Repeals the armed habitual criminal statute. Amends the Unified Code of Corrections. Repeals the general recidivism and habitual criminal provisions of the Code. Provides that notwithstanding any provision of law to the contrary, a person convicted before the repeal of the armed habitual criminal statute and the general recidivism and habitual criminal provisions of the Code shall not be eligible for consideration of conditions of parole or mandatory supervised release if any of his or her convictions under those statutes was first degree murder, second degree murder, or any sex offense under the Sex Offenses Article of the Criminal Code of 2012. Amends the Intergovernmental Drug Laws Enforcement Act, the Illinois Vehicle Code, and the Code of Criminal Procedure of 1963 to make conforming changes.


LRB103 00063 RLC 45063 b

 

 

A BILL FOR

 

HB1053LRB103 00063 RLC 45063 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 5. The Intergovernmental Drug Laws Enforcement Act
5is amended by changing Section 3 as follows:
 
6    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
7    Sec. 3. A Metropolitan Enforcement Group which meets the
8minimum criteria established in this Section is eligible to
9receive State grants to help defray the costs of operation. To
10be eligible a MEG must:
11        (1) Be established and operating pursuant to
12    intergovernmental contracts written and executed in
13    conformity with the Intergovernmental Cooperation Act, and
14    involve 2 or more units of local government.
15        (2) Establish a MEG Policy Board composed of an
16    elected official, or his designee, and the chief law
17    enforcement officer, or his designee, from each
18    participating unit of local government to oversee the
19    operations of the MEG and make such reports to the
20    Illinois State Police as the Illinois State Police may
21    require.
22        (3) Designate a single appropriate elected official of
23    a participating unit of local government to act as the

 

 

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1    financial officer of the MEG for all participating units
2    of local government and to receive funds for the operation
3    of the MEG.
4        (4) Limit its operations to enforcement of drug laws;
5    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
6    24-1.2-5, 24-1.5, 24-1.7 before the effective date of this
7    amendatory Act of the 103rd General Assembly, 24-1.8,
8    24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4,
9    24-3.5, 24-3.7, 24-3.8, 24-3.9, 24-3A, 24-3B, 24-4, and
10    24-5 of the Criminal Code of 2012; Sections 2, 3, 6.1, and
11    14 of the Firearm Owners Identification Card Act; and the
12    investigation of streetgang related offenses.
13        (5) Cooperate with the Illinois State Police in order
14    to assure compliance with this Act and to enable the
15    Illinois State Police to fulfill its duties under this
16    Act, and supply the Illinois State Police with all
17    information the Illinois State Police deems necessary
18    therefor.
19        (6) Receive funding of at least 50% of the total
20    operating budget of the MEG from the participating units
21    of local government.
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22.)
 
24    Section 10. The Illinois Vehicle Code is amended by
25changing Sections 6-106.1 and 6-508 as follows:
 

 

 

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1    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
2    Sec. 6-106.1. School bus driver permit.
3    (a) The Secretary of State shall issue a school bus driver
4permit to those applicants who have met all the requirements
5of the application and screening process under this Section to
6insure the welfare and safety of children who are transported
7on school buses throughout the State of Illinois. Applicants
8shall obtain the proper application required by the Secretary
9of State from their prospective or current employer and submit
10the completed application to the prospective or current
11employer along with the necessary fingerprint submission as
12required by the Illinois State Police to conduct fingerprint
13based criminal background checks on current and future
14information available in the state system and current
15information available through the Federal Bureau of
16Investigation's system. Applicants who have completed the
17fingerprinting requirements shall not be subjected to the
18fingerprinting process when applying for subsequent permits or
19submitting proof of successful completion of the annual
20refresher course. Individuals who on July 1, 1995 (the
21effective date of Public Act 88-612) possess a valid school
22bus driver permit that has been previously issued by the
23appropriate Regional School Superintendent are not subject to
24the fingerprinting provisions of this Section as long as the
25permit remains valid and does not lapse. The applicant shall

 

 

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1be required to pay all related application and fingerprinting
2fees as established by rule including, but not limited to, the
3amounts established by the Illinois State Police and the
4Federal Bureau of Investigation to process fingerprint based
5criminal background investigations. All fees paid for
6fingerprint processing services under this Section shall be
7deposited into the State Police Services Fund for the cost
8incurred in processing the fingerprint based criminal
9background investigations. All other fees paid under this
10Section shall be deposited into the Road Fund for the purpose
11of defraying the costs of the Secretary of State in
12administering this Section. All applicants must:
13        1. be 21 years of age or older;
14        2. possess a valid and properly classified driver's
15    license issued by the Secretary of State;
16        3. possess a valid driver's license, which has not
17    been revoked, suspended, or canceled for 3 years
18    immediately prior to the date of application, or have not
19    had his or her commercial motor vehicle driving privileges
20    disqualified within the 3 years immediately prior to the
21    date of application;
22        4. successfully pass a written test, administered by
23    the Secretary of State, on school bus operation, school
24    bus safety, and special traffic laws relating to school
25    buses and submit to a review of the applicant's driving
26    habits by the Secretary of State at the time the written

 

 

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1    test is given;
2        5. demonstrate ability to exercise reasonable care in
3    the operation of school buses in accordance with rules
4    promulgated by the Secretary of State;
5        6. demonstrate physical fitness to operate school
6    buses by submitting the results of a medical examination,
7    including tests for drug use for each applicant not
8    subject to such testing pursuant to federal law, conducted
9    by a licensed physician, a licensed advanced practice
10    registered nurse, or a licensed physician assistant within
11    90 days of the date of application according to standards
12    promulgated by the Secretary of State;
13        7. affirm under penalties of perjury that he or she
14    has not made a false statement or knowingly concealed a
15    material fact in any application for permit;
16        8. have completed an initial classroom course,
17    including first aid procedures, in school bus driver
18    safety as promulgated by the Secretary of State; and after
19    satisfactory completion of said initial course an annual
20    refresher course; such courses and the agency or
21    organization conducting such courses shall be approved by
22    the Secretary of State; failure to complete the annual
23    refresher course, shall result in cancellation of the
24    permit until such course is completed;
25        9. not have been under an order of court supervision
26    for or convicted of 2 or more serious traffic offenses, as

 

 

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1    defined by rule, within one year prior to the date of
2    application that may endanger the life or safety of any of
3    the driver's passengers within the duration of the permit
4    period;
5        10. not have been under an order of court supervision
6    for or convicted of reckless driving, aggravated reckless
7    driving, driving while under the influence of alcohol,
8    other drug or drugs, intoxicating compound or compounds or
9    any combination thereof, or reckless homicide resulting
10    from the operation of a motor vehicle within 3 years of the
11    date of application;
12        11. not have been convicted of committing or
13    attempting to commit any one or more of the following
14    offenses: (i) those offenses defined in Sections 8-1,
15    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
16    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
17    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
18    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
19    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
20    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
21    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
22    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
23    12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
24    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
25    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
26    12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,

 

 

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1    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
2    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
3    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
4    24-1.7 before the effective date of this amendatory Act of
5    the 103rd General Assembly, 24-2.1, 24-3.3, 24-3.5,
6    24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection
7    (A), clauses (a) and (b), of Section 24-3, and those
8    offenses contained in Article 29D of the Criminal Code of
9    1961 or the Criminal Code of 2012; (ii) those offenses
10    defined in the Cannabis Control Act except those offenses
11    defined in subsections (a) and (b) of Section 4, and
12    subsection (a) of Section 5 of the Cannabis Control Act;
13    (iii) those offenses defined in the Illinois Controlled
14    Substances Act; (iv) those offenses defined in the
15    Methamphetamine Control and Community Protection Act; and
16    (v) any offense committed or attempted in any other state
17    or against the laws of the United States, which if
18    committed or attempted in this State would be punishable
19    as one or more of the foregoing offenses; (vi) the
20    offenses defined in Section 4.1 and 5.1 of the Wrongs to
21    Children Act or Section 11-9.1A of the Criminal Code of
22    1961 or the Criminal Code of 2012; (vii) those offenses
23    defined in Section 6-16 of the Liquor Control Act of 1934;
24    and (viii) those offenses defined in the Methamphetamine
25    Precursor Control Act;
26        12. not have been repeatedly involved as a driver in

 

 

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1    motor vehicle collisions or been repeatedly convicted of
2    offenses against laws and ordinances regulating the
3    movement of traffic, to a degree which indicates lack of
4    ability to exercise ordinary and reasonable care in the
5    safe operation of a motor vehicle or disrespect for the
6    traffic laws and the safety of other persons upon the
7    highway;
8        13. not have, through the unlawful operation of a
9    motor vehicle, caused an accident resulting in the death
10    of any person;
11        14. not have, within the last 5 years, been adjudged
12    to be afflicted with or suffering from any mental
13    disability or disease;
14        15. consent, in writing, to the release of results of
15    reasonable suspicion drug and alcohol testing under
16    Section 6-106.1c of this Code by the employer of the
17    applicant to the Secretary of State; and
18        16. not have been convicted of committing or
19    attempting to commit within the last 20 years: (i) an
20    offense defined in subsection (c) of Section 4, subsection
21    (b) of Section 5, and subsection (a) of Section 8 of the
22    Cannabis Control Act; or (ii) any offenses in any other
23    state or against the laws of the United States that, if
24    committed or attempted in this State, would be punishable
25    as one or more of the foregoing offenses.
26    (b) A school bus driver permit shall be valid for a period

 

 

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1specified by the Secretary of State as set forth by rule. It
2shall be renewable upon compliance with subsection (a) of this
3Section.
4    (c) A school bus driver permit shall contain the holder's
5driver's license number, legal name, residence address, zip
6code, and date of birth, a brief description of the holder and
7a space for signature. The Secretary of State may require a
8suitable photograph of the holder.
9    (d) The employer shall be responsible for conducting a
10pre-employment interview with prospective school bus driver
11candidates, distributing school bus driver applications and
12medical forms to be completed by the applicant, and submitting
13the applicant's fingerprint cards to the Illinois State Police
14that are required for the criminal background investigations.
15The employer shall certify in writing to the Secretary of
16State that all pre-employment conditions have been
17successfully completed including the successful completion of
18an Illinois specific criminal background investigation through
19the Illinois State Police and the submission of necessary
20fingerprints to the Federal Bureau of Investigation for
21criminal history information available through the Federal
22Bureau of Investigation system. The applicant shall present
23the certification to the Secretary of State at the time of
24submitting the school bus driver permit application.
25    (e) Permits shall initially be provisional upon receiving
26certification from the employer that all pre-employment

 

 

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1conditions have been successfully completed, and upon
2successful completion of all training and examination
3requirements for the classification of the vehicle to be
4operated, the Secretary of State shall provisionally issue a
5School Bus Driver Permit. The permit shall remain in a
6provisional status pending the completion of the Federal
7Bureau of Investigation's criminal background investigation
8based upon fingerprinting specimens submitted to the Federal
9Bureau of Investigation by the Illinois State Police. The
10Federal Bureau of Investigation shall report the findings
11directly to the Secretary of State. The Secretary of State
12shall remove the bus driver permit from provisional status
13upon the applicant's successful completion of the Federal
14Bureau of Investigation's criminal background investigation.
15    (f) A school bus driver permit holder shall notify the
16employer and the Secretary of State if he or she is issued an
17order of court supervision for or convicted in another state
18of an offense that would make him or her ineligible for a
19permit under subsection (a) of this Section. The written
20notification shall be made within 5 days of the entry of the
21order of court supervision or conviction. Failure of the
22permit holder to provide the notification is punishable as a
23petty offense for a first violation and a Class B misdemeanor
24for a second or subsequent violation.
25    (g) Cancellation; suspension; notice and procedure.
26        (1) The Secretary of State shall cancel a school bus

 

 

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1    driver permit of an applicant whose criminal background
2    investigation discloses that he or she is not in
3    compliance with the provisions of subsection (a) of this
4    Section.
5        (2) The Secretary of State shall cancel a school bus
6    driver permit when he or she receives notice that the
7    permit holder fails to comply with any provision of this
8    Section or any rule promulgated for the administration of
9    this Section.
10        (3) The Secretary of State shall cancel a school bus
11    driver permit if the permit holder's restricted commercial
12    or commercial driving privileges are withdrawn or
13    otherwise invalidated.
14        (4) The Secretary of State may not issue a school bus
15    driver permit for a period of 3 years to an applicant who
16    fails to obtain a negative result on a drug test as
17    required in item 6 of subsection (a) of this Section or
18    under federal law.
19        (5) The Secretary of State shall forthwith suspend a
20    school bus driver permit for a period of 3 years upon
21    receiving notice that the holder has failed to obtain a
22    negative result on a drug test as required in item 6 of
23    subsection (a) of this Section or under federal law.
24        (6) The Secretary of State shall suspend a school bus
25    driver permit for a period of 3 years upon receiving
26    notice from the employer that the holder failed to perform

 

 

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1    the inspection procedure set forth in subsection (a) or
2    (b) of Section 12-816 of this Code.
3        (7) The Secretary of State shall suspend a school bus
4    driver permit for a period of 3 years upon receiving
5    notice from the employer that the holder refused to submit
6    to an alcohol or drug test as required by Section 6-106.1c
7    or has submitted to a test required by that Section which
8    disclosed an alcohol concentration of more than 0.00 or
9    disclosed a positive result on a National Institute on
10    Drug Abuse five-drug panel, utilizing federal standards
11    set forth in 49 CFR 40.87.
12    The Secretary of State shall notify the State
13Superintendent of Education and the permit holder's
14prospective or current employer that the applicant has (1) has
15failed a criminal background investigation or (2) is no longer
16eligible for a school bus driver permit; and of the related
17cancellation of the applicant's provisional school bus driver
18permit. The cancellation shall remain in effect pending the
19outcome of a hearing pursuant to Section 2-118 of this Code.
20The scope of the hearing shall be limited to the issuance
21criteria contained in subsection (a) of this Section. A
22petition requesting a hearing shall be submitted to the
23Secretary of State and shall contain the reason the individual
24feels he or she is entitled to a school bus driver permit. The
25permit holder's employer shall notify in writing to the
26Secretary of State that the employer has certified the removal

 

 

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1of the offending school bus driver from service prior to the
2start of that school bus driver's next workshift. An employing
3school board that fails to remove the offending school bus
4driver from service is subject to the penalties defined in
5Section 3-14.23 of the School Code. A school bus contractor
6who violates a provision of this Section is subject to the
7penalties defined in Section 6-106.11.
8    All valid school bus driver permits issued under this
9Section prior to January 1, 1995, shall remain effective until
10their expiration date unless otherwise invalidated.
11    (h) When a school bus driver permit holder who is a service
12member is called to active duty, the employer of the permit
13holder shall notify the Secretary of State, within 30 days of
14notification from the permit holder, that the permit holder
15has been called to active duty. Upon notification pursuant to
16this subsection, (i) the Secretary of State shall characterize
17the permit as inactive until a permit holder renews the permit
18as provided in subsection (i) of this Section, and (ii) if a
19permit holder fails to comply with the requirements of this
20Section while called to active duty, the Secretary of State
21shall not characterize the permit as invalid.
22    (i) A school bus driver permit holder who is a service
23member returning from active duty must, within 90 days, renew
24a permit characterized as inactive pursuant to subsection (h)
25of this Section by complying with the renewal requirements of
26subsection (b) of this Section.

 

 

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1    (j) For purposes of subsections (h) and (i) of this
2Section:
3    "Active duty" means active duty pursuant to an executive
4order of the President of the United States, an act of the
5Congress of the United States, or an order of the Governor.
6    "Service member" means a member of the Armed Services or
7reserve forces of the United States or a member of the Illinois
8National Guard.
9    (k) A private carrier employer of a school bus driver
10permit holder, having satisfied the employer requirements of
11this Section, shall be held to a standard of ordinary care for
12intentional acts committed in the course of employment by the
13bus driver permit holder. This subsection (k) shall in no way
14limit the liability of the private carrier employer for
15violation of any provision of this Section or for the
16negligent hiring or retention of a school bus driver permit
17holder.
18(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
19102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
2010-13-21.)
 
21    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
22    Sec. 6-508. Commercial Driver's License (CDL);
23qualification standards.
24    (a) Testing.
25        (1) General. No person shall be issued an original or

 

 

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1    renewal CDL unless that person is domiciled in this State
2    or is applying for a non-domiciled CDL under Sections
3    6-509 and 6-510 of this Code. The Secretary shall cause to
4    be administered such tests as the Secretary deems
5    necessary to meet the requirements of 49 CFR Part 383,
6    subparts F, G, H, and J.
7        (1.5) Effective July 1, 2014, no person shall be
8    issued an original CDL or an upgraded CDL that requires a
9    skills test unless that person has held a CLP, for a
10    minimum of 14 calendar days, for the classification of
11    vehicle and endorsement, if any, for which the person is
12    seeking a CDL.
13        (2) Third party testing. The Secretary of State may
14    authorize a "third party tester", pursuant to 49 CFR
15    383.75 and 49 CFR 384.228 and 384.229, to administer the
16    skills test or tests specified by the Federal Motor
17    Carrier Safety Administration pursuant to the Commercial
18    Motor Vehicle Safety Act of 1986 and any appropriate
19    federal rule.
20        (3)(i) Effective February 7, 2020, unless the person
21    is exempted by 49 CFR 380.603, no person shall be issued an
22    original (first time issuance) CDL, an upgraded CDL or a
23    school bus (S), passenger (P), or hazardous Materials (H)
24    endorsement unless the person has successfully completed
25    entry-level driver training (ELDT) taught by a training
26    provider listed on the federal Training Provider Registry.

 

 

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1        (ii) Persons who obtain a CLP before February 7, 2020
2    are not required to complete ELDT if the person obtains a
3    CDL before the CLP or renewed CLP expires.
4        (iii) Except for persons seeking the H endorsement,
5    persons must complete the theory and behind-the-wheel
6    (range and public road) portions of ELDT within one year
7    of completing the first portion.
8        (iv) The Secretary shall adopt rules to implement this
9    subsection.
10    (b) Waiver of Skills Test. The Secretary of State may
11waive the skills test specified in this Section for a driver
12applicant for a commercial driver license who meets the
13requirements of 49 CFR 383.77. The Secretary of State shall
14waive the skills tests specified in this Section for a driver
15applicant who has military commercial motor vehicle
16experience, subject to the requirements of 49 CFR 383.77.
17    (b-1) No person shall be issued a CDL unless the person
18certifies to the Secretary one of the following types of
19driving operations in which he or she will be engaged:
20        (1) non-excepted interstate;
21        (2) non-excepted intrastate;
22        (3) excepted interstate; or
23        (4) excepted intrastate.
24    (b-2) (Blank).
25    (c) Limitations on issuance of a CDL. A CDL shall not be
26issued to a person while the person is subject to a

 

 

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1disqualification from driving a commercial motor vehicle, or
2unless otherwise permitted by this Code, while the person's
3driver's license is suspended, revoked, or cancelled in any
4state, or any territory or province of Canada; nor may a CLP or
5CDL be issued to a person who has a CLP or CDL issued by any
6other state, or foreign jurisdiction, nor may a CDL be issued
7to a person who has an Illinois CLP unless the person first
8surrenders all of these licenses or permits. However, a person
9may hold an Illinois CLP and an Illinois CDL providing the CLP
10is necessary to train or practice for an endorsement or
11vehicle classification not present on the current CDL. No CDL
12shall be issued to or renewed for a person who does not meet
13the requirement of 49 CFR 391.41(b)(11). The requirement may
14be met with the aid of a hearing aid.
15    (c-1) The Secretary may issue a CDL with a school bus
16driver endorsement to allow a person to drive the type of bus
17described in subsection (d-5) of Section 6-104 of this Code.
18The CDL with a school bus driver endorsement may be issued only
19to a person meeting the following requirements:
20        (1) the person has submitted his or her fingerprints
21    to the Illinois State Police in the form and manner
22    prescribed by the Illinois State Police. These
23    fingerprints shall be checked against the fingerprint
24    records now and hereafter filed in the Illinois State
25    Police and Federal Bureau of Investigation criminal
26    history records databases;

 

 

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1        (2) the person has passed a written test, administered
2    by the Secretary of State, on charter bus operation,
3    charter bus safety, and certain special traffic laws
4    relating to school buses determined by the Secretary of
5    State to be relevant to charter buses, and submitted to a
6    review of the driver applicant's driving habits by the
7    Secretary of State at the time the written test is given;
8        (3) the person has demonstrated physical fitness to
9    operate school buses by submitting the results of a
10    medical examination, including tests for drug use; and
11        (4) the person has not been convicted of committing or
12    attempting to commit any one or more of the following
13    offenses: (i) those offenses defined in Sections 8-1.2,
14    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
15    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
16    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
17    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
18    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
19    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
20    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
21    11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
22    12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
23    12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
24    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
25    12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
26    16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,

 

 

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1    20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
2    24-1.2-5, 24-1.6, 24-1.7 before the effective date of this
3    amendatory Act of the 103rd General Assembly, 24-2.1,
4    24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and
5    33D-1, and in subsection (b) of Section 8-1, and in
6    subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2),
7    (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in
8    subsection (a) and subsection (b), clause (1), of Section
9    12-4, and in subsection (A), clauses (a) and (b), of
10    Section 24-3, and those offenses contained in Article 29D
11    of the Criminal Code of 1961 or the Criminal Code of 2012;
12    (ii) those offenses defined in the Cannabis Control Act
13    except those offenses defined in subsections (a) and (b)
14    of Section 4, and subsection (a) of Section 5 of the
15    Cannabis Control Act; (iii) those offenses defined in the
16    Illinois Controlled Substances Act; (iv) those offenses
17    defined in the Methamphetamine Control and Community
18    Protection Act; (v) any offense committed or attempted in
19    any other state or against the laws of the United States,
20    which if committed or attempted in this State would be
21    punishable as one or more of the foregoing offenses; (vi)
22    the offenses defined in Sections 4.1 and 5.1 of the Wrongs
23    to Children Act or Section 11-9.1A of the Criminal Code of
24    1961 or the Criminal Code of 2012; (vii) those offenses
25    defined in Section 6-16 of the Liquor Control Act of 1934;
26    and (viii) those offenses defined in the Methamphetamine

 

 

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1    Precursor Control Act.
2    The Illinois State Police shall charge a fee for
3conducting the criminal history records check, which shall be
4deposited into the State Police Services Fund and may not
5exceed the actual cost of the records check.
6    (c-2) The Secretary shall issue a CDL with a school bus
7endorsement to allow a person to drive a school bus as defined
8in this Section. The CDL shall be issued according to the
9requirements outlined in 49 CFR 383. A person may not operate a
10school bus as defined in this Section without a school bus
11endorsement. The Secretary of State may adopt rules consistent
12with Federal guidelines to implement this subsection (c-2).
13    (d) (Blank).
14(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;
15102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff.
165-13-22.)
 
17    Section 15. The Criminal Code of 2012 is amended by
18changing Section 33A-3 as follows:
 
19    (720 ILCS 5/33A-3)  (from Ch. 38, par. 33A-3)
20    Sec. 33A-3. Sentence.
21    (a) Violation of Section 33A-2(a) with a Category I weapon
22is a Class X felony for which the defendant shall be sentenced
23to a minimum term of imprisonment of 15 years.
24    (a-5) Violation of Section 33A-2(a) with a Category II

 

 

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1weapon is a Class X felony for which the defendant shall be
2sentenced to a minimum term of imprisonment of 10 years.
3    (b) Violation of Section 33A-2(a) with a Category III
4weapon is a Class 2 felony or the felony classification
5provided for the same act while unarmed, whichever permits the
6greater penalty. A second or subsequent violation of Section
733A-2(a) with a Category III weapon is a Class 1 felony or the
8felony classification provided for the same act while unarmed,
9whichever permits the greater penalty.
10    (b-5) Violation of Section 33A-2(b) with a firearm that is
11a Category I or Category II weapon is a Class X felony for
12which the defendant shall be sentenced to a minimum term of
13imprisonment of 20 years.
14    (b-10) Violation of Section 33A-2(c) with a firearm that
15is a Category I or Category II weapon is a Class X felony for
16which the defendant shall be sentenced to a term of
17imprisonment of not less than 25 years nor more than 40 years.
18    (c) Unless sentencing under subsection (a) of Section
195-4.5-95 of the Unified Code of Corrections before the
20effective date of this amendatory Act of the 103rd General
21Assembly (730 ILCS 5/5-4.5-95) is applicable, any person who
22violates subsection (a) or (b) of Section 33A-2 with a
23firearm, when that person has been convicted in any state or
24federal court of 3 or more of the following offenses: treason,
25first degree murder, second degree murder, predatory criminal
26sexual assault of a child, aggravated criminal sexual assault,

 

 

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1criminal sexual assault, robbery, burglary, arson, kidnaping,
2aggravated battery resulting in great bodily harm or permanent
3disability or disfigurement, a violation of the
4Methamphetamine Control and Community Protection Act, or a
5violation of Section 401(a) of the Illinois Controlled
6Substances Act, when the third offense was committed after
7conviction on the second, the second offense was committed
8after conviction on the first, and the violation of Section
933A-2 was committed after conviction on the third, shall be
10sentenced to a term of imprisonment of not less than 25 years
11nor more than 50 years.
12    (c-5) Except as otherwise provided in paragraph (b-10) or
13(c) of this Section, a person who violates Section 33A-2(a)
14with a firearm that is a Category I weapon or Section 33A-2(b)
15in any school, in any conveyance owned, leased, or contracted
16by a school to transport students to or from school or a school
17related activity, or on the real property comprising any
18school or public park, and where the offense was related to the
19activities of an organized gang, shall be sentenced to a term
20of imprisonment of not less than the term set forth in
21subsection (a) or (b-5) of this Section, whichever is
22applicable, and not more than 30 years. For the purposes of
23this subsection (c-5), "organized gang" has the meaning
24ascribed to it in Section 10 of the Illinois Streetgang
25Terrorism Omnibus Prevention Act.
26    (d) For armed violence based upon a predicate offense

 

 

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1listed in this subsection (d) the court shall enter the
2sentence for armed violence to run consecutively to the
3sentence imposed for the predicate offense. The offenses
4covered by this provision are:
5        (i) solicitation of murder,
6        (ii) solicitation of murder for hire,
7        (iii) heinous battery as described in Section 12-4.1
8    or subdivision (a)(2) of Section 12-3.05,
9        (iv) aggravated battery of a senior citizen as
10    described in Section 12-4.6 or subdivision (a)(4) of
11    Section 12-3.05,
12        (v) (blank),
13        (vi) a violation of subsection (g) of Section 5 of the
14    Cannabis Control Act,
15        (vii) cannabis trafficking,
16        (viii) a violation of subsection (a) of Section 401 of
17    the Illinois Controlled Substances Act,
18        (ix) controlled substance trafficking involving a
19    Class X felony amount of controlled substance under
20    Section 401 of the Illinois Controlled Substances Act,
21        (x) calculated criminal drug conspiracy,
22        (xi) streetgang criminal drug conspiracy, or
23        (xii) a violation of the Methamphetamine Control and
24    Community Protection Act.
25(Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09;
2696-1551, eff. 7-1-11.)
 

 

 

HB1053- 24 -LRB103 00063 RLC 45063 b

1    (720 ILCS 5/24-1.7 rep.)
2    Section 20. The Criminal Code of 2012 is amended by
3repealing Section 24-1.7.
 
4    Section 25. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 110-6.1 and 111-3 as follows:
 
6    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 110-6.1. Denial of bail in non-probationable felony
9offenses.
10    (a) Upon verified petition by the State, the court shall
11hold a hearing to determine whether bail should be denied to a
12defendant who is charged with a felony offense for which a
13sentence of imprisonment, without probation, periodic
14imprisonment or conditional discharge, is required by law upon
15conviction, when it is alleged that the defendant's admission
16to bail poses a real and present threat to the physical safety
17of any person or persons.
18        (1) A petition may be filed without prior notice to
19    the defendant at the first appearance before a judge, or
20    within the 21 calendar days, except as provided in Section
21    110-6, after arrest and release of the defendant upon
22    reasonable notice to defendant; provided that while such
23    petition is pending before the court, the defendant if

 

 

HB1053- 25 -LRB103 00063 RLC 45063 b

1    previously released shall not be detained.
2        (2) The hearing shall be held immediately upon the
3    defendant's appearance before the court, unless for good
4    cause shown the defendant or the State seeks a
5    continuance. A continuance on motion of the defendant may
6    not exceed 5 calendar days, and a continuance on the
7    motion of the State may not exceed 3 calendar days. The
8    defendant may be held in custody during such continuance.
9    (b) The court may deny bail to the defendant where, after
10the hearing, it is determined that:
11        (1) the proof is evident or the presumption great that
12    the defendant has committed an offense for which a
13    sentence of imprisonment, without probation, periodic
14    imprisonment or conditional discharge, must be imposed by
15    law as a consequence of conviction, and
16        (2) the defendant poses a real and present threat to
17    the physical safety of any person or persons, by conduct
18    which may include, but is not limited to, a forcible
19    felony, the obstruction of justice, intimidation, injury,
20    physical harm, an offense under the Illinois Controlled
21    Substances Act which is a Class X felony, or an offense
22    under the Methamphetamine Control and Community Protection
23    Act which is a Class X felony, and
24        (3) the court finds that no condition or combination
25    of conditions set forth in subsection (b) of Section
26    110-10 of this Article, can reasonably assure the physical

 

 

HB1053- 26 -LRB103 00063 RLC 45063 b

1    safety of any other person or persons.
2    (c) Conduct of the hearings.
3        (1) The hearing on the defendant's culpability and
4    dangerousness shall be conducted in accordance with the
5    following provisions:
6            (A) Information used by the court in its findings
7        or stated in or offered at such hearing may be by way
8        of proffer based upon reliable information offered by
9        the State or by defendant. Defendant has the right to
10        be represented by counsel, and if he is indigent, to
11        have counsel appointed for him. Defendant shall have
12        the opportunity to testify, to present witnesses in
13        his own behalf, and to cross-examine witnesses if any
14        are called by the State. The defendant has the right to
15        present witnesses in his favor. When the ends of
16        justice so require, the court may exercises its
17        discretion and compel the appearance of a complaining
18        witness. The court shall state on the record reasons
19        for granting a defense request to compel the presence
20        of a complaining witness. Cross-examination of a
21        complaining witness at the pretrial detention hearing
22        for the purpose of impeaching the witness' credibility
23        is insufficient reason to compel the presence of the
24        witness. In deciding whether to compel the appearance
25        of a complaining witness, the court shall be
26        considerate of the emotional and physical well-being

 

 

HB1053- 27 -LRB103 00063 RLC 45063 b

1        of the witness. The pre-trial detention hearing is not
2        to be used for purposes of discovery, and the post
3        arraignment rules of discovery do not apply. The State
4        shall tender to the defendant, prior to the hearing,
5        copies of defendant's criminal history, if any, if
6        available, and any written or recorded statements and
7        the substance of any oral statements made by any
8        person, if relied upon by the State in its petition.
9        The rules concerning the admissibility of evidence in
10        criminal trials do not apply to the presentation and
11        consideration of information at the hearing. At the
12        trial concerning the offense for which the hearing was
13        conducted neither the finding of the court nor any
14        transcript or other record of the hearing shall be
15        admissible in the State's case in chief, but shall be
16        admissible for impeachment, or as provided in Section
17        115-10.1 of this Code, or in a perjury proceeding.
18            (B) A motion by the defendant to suppress evidence
19        or to suppress a confession shall not be entertained.
20        Evidence that proof may have been obtained as the
21        result of an unlawful search and seizure or through
22        improper interrogation is not relevant to this state
23        of the prosecution.
24        (2) The facts relied upon by the court to support a
25    finding that the defendant poses a real and present threat
26    to the physical safety of any person or persons shall be

 

 

HB1053- 28 -LRB103 00063 RLC 45063 b

1    supported by clear and convincing evidence presented by
2    the State.
3    (d) Factors to be considered in making a determination of
4dangerousness. The court may, in determining whether the
5defendant poses a real and present threat to the physical
6safety of any person or persons, consider but shall not be
7limited to evidence or testimony concerning:
8        (1) The nature and circumstances of any offense
9    charged, including whether the offense is a crime of
10    violence, involving a weapon.
11        (2) The history and characteristics of the defendant
12    including:
13            (A) Any evidence of the defendant's prior criminal
14        history indicative of violent, abusive or assaultive
15        behavior, or lack of such behavior. Such evidence may
16        include testimony or documents received in juvenile
17        proceedings, criminal, quasi-criminal, civil
18        commitment, domestic relations or other proceedings.
19            (B) Any evidence of the defendant's psychological,
20        psychiatric or other similar social history which
21        tends to indicate a violent, abusive, or assaultive
22        nature, or lack of any such history.
23        (3) The identity of any person or persons to whose
24    safety the defendant is believed to pose a threat, and the
25    nature of the threat;
26        (4) Any statements made by, or attributed to the

 

 

HB1053- 29 -LRB103 00063 RLC 45063 b

1    defendant, together with the circumstances surrounding
2    them;
3        (5) The age and physical condition of any person
4    assaulted by the defendant;
5        (6) Whether the defendant is known to possess or have
6    access to any weapon or weapons;
7        (7) Whether, at the time of the current offense or any
8    other offense or arrest, the defendant was on probation,
9    parole, aftercare release, mandatory supervised release or
10    other release from custody pending trial, sentencing,
11    appeal or completion of sentence for an offense under
12    federal or state law;
13        (8) Any other factors, including those listed in
14    Section 110-5 of this Article deemed by the court to have a
15    reasonable bearing upon the defendant's propensity or
16    reputation for violent, abusive or assaultive behavior, or
17    lack of such behavior.
18    (e) Detention order. The court shall, in any order for
19detention:
20        (1) briefly summarize the evidence of the defendant's
21    culpability and its reasons for concluding that the
22    defendant should be held without bail;
23        (2) direct that the defendant be committed to the
24    custody of the sheriff for confinement in the county jail
25    pending trial;
26        (3) direct that the defendant be given a reasonable

 

 

HB1053- 30 -LRB103 00063 RLC 45063 b

1    opportunity for private consultation with counsel, and for
2    communication with others of his choice by visitation,
3    mail and telephone; and
4        (4) direct that the sheriff deliver the defendant as
5    required for appearances in connection with court
6    proceedings.
7    (f) If the court enters an order for the detention of the
8defendant pursuant to subsection (e) of this Section, the
9defendant shall be brought to trial on the offense for which he
10is detained within 90 days after the date on which the order
11for detention was entered. If the defendant is not brought to
12trial within the 90 day period required by the preceding
13sentence, he shall not be held longer without bail. In
14computing the 90 day period, the court shall omit any period of
15delay resulting from a continuance granted at the request of
16the defendant.
17    (g) Rights of the defendant. Any person shall be entitled
18to appeal any order entered under this Section denying bail to
19the defendant.
20    (h) The State may appeal any order entered under this
21Section denying any motion for denial of bail.
22    (i) Nothing in this Section shall be construed as
23modifying or limiting in any way the defendant's presumption
24of innocence in further criminal proceedings.
25(Source: P.A. 98-558, eff. 1-1-14.)
 

 

 

HB1053- 31 -LRB103 00063 RLC 45063 b

1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 110-6.1. Denial of pretrial release.
3    (a) Upon verified petition by the State, the court shall
4hold a hearing and may deny a defendant pretrial release only
5if:
6        (1) the defendant is charged with a forcible felony
7    offense for which a sentence of imprisonment, without
8    probation, periodic imprisonment or conditional discharge,
9    is required by law upon conviction, and it is alleged that
10    the defendant's pretrial release poses a specific, real
11    and present threat to any person or the community.;
12        (2) the defendant is charged with stalking or
13    aggravated stalking and it is alleged that the defendant's
14    pretrial pre-trial release poses a real and present threat
15    to the physical safety of a victim of the alleged offense,
16    and denial of release is necessary to prevent fulfillment
17    of the threat upon which the charge is based;
18        (3) the victim of abuse was a family or household
19    member as defined by paragraph (6) of Section 103 of the
20    Illinois Domestic Violence Act of 1986, and the person
21    charged, at the time of the alleged offense, was subject
22    to the terms of an order of protection issued under
23    Section 112A-14 of this Code, or Section 214 of the
24    Illinois Domestic Violence Act of 1986 or previously was
25    convicted of a violation of an order of protection under
26    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

 

 

HB1053- 32 -LRB103 00063 RLC 45063 b

1    Criminal Code of 2012 or a violent crime if the victim was
2    a family or household member as defined by paragraph (6)
3    of the Illinois Domestic Violence Act of 1986 at the time
4    of the offense or a violation of a substantially similar
5    municipal ordinance or law of this or any other state or
6    the United States if the victim was a family or household
7    member as defined by paragraph (6) of Section 103 of the
8    Illinois Domestic Violence Act of 1986 at the time of the
9    offense, and it is alleged that the defendant's pretrial
10    pre-trial release poses a real and present threat to the
11    physical safety of any person or persons;
12        (4) the defendant is charged with domestic battery or
13    aggravated domestic battery under Section 12-3.2 or 12-3.3
14    of the Criminal Code of 2012 and it is alleged that the
15    defendant's pretrial release poses a real and present
16    threat to the physical safety of any person or persons;
17        (5) the defendant is charged with any offense under
18    Article 11 of the Criminal Code of 2012, except for
19    Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
20    Code of 2012, or similar provisions of the Criminal Code
21    of 1961 and it is alleged that the defendant's pretrial
22    release poses a real and present threat to the physical
23    safety of any person or persons;
24        (6) the defendant is charged with any of these
25    violations under the Criminal Code of 2012 and it is
26    alleged that the defendant's pretrial releases poses a

 

 

HB1053- 33 -LRB103 00063 RLC 45063 b

1    real and present threat to the physical safety of any
2    specifically identifiable person or persons: .
3            (A) Section 24-1.2 (aggravated discharge of a
4        firearm);
5            (B) Section 24-2.5 (aggravated discharge of a
6        machine gun or a firearm equipped with a device
7        designed or use for silencing the report of a
8        firearm);
9            (C) Section 24-1.5 (reckless discharge of a
10        firearm);
11            (D) Section 24-1.7 (armed habitual criminal)
12        before the effective date of this amendatory Act of
13        the 103rd General Assembly;
14            (E) Section 24-2.2 2 (manufacture, sale or
15        transfer of bullets or shells represented to be armor
16        piercing bullets, dragon's breath shotgun shells, bolo
17        shells, or flechette shells);
18            (F) Section 24-3 (unlawful sale or delivery of
19        firearms);
20            (G) Section 24-3.3 (unlawful sale or delivery of
21        firearms on the premises of any school);
22            (H) Section 24-34 (unlawful sale of firearms by
23        liquor license);
24            (I) Section 24-3.5 ( {unlawful purchase of a
25        firearm);
26            (J) Section 24-3A (gunrunning); or

 

 

HB1053- 34 -LRB103 00063 RLC 45063 b

1            (K) Section on 24-3B (firearms trafficking);
2            (L) Section 10-9 (b) (involuntary servitude);
3            (M) Section 10-9 (c) (involuntary sexual servitude
4        of a minor);
5            (N) Section 10-9(d) (trafficking in persons);
6            (O) Non-probationable violations: (i) (unlawful
7        use or possession of weapons by felons or persons in
8        the Custody of the Department of Corrections
9        facilities (Section 24-1.1), (ii) aggravated unlawful
10        use of a weapon (Section 24-1.6), or (iii) aggravated
11        possession of a stolen firearm (Section 24-3.9);
12        (7) the person has a high likelihood of willful flight
13    to avoid prosecution and is charged with:
14            (A) Any felony described in Sections (a)(1)
15        through (a)(5) of this Section; or
16            (B) A felony offense other than a Class 4 offense.
17    (b) If the charged offense is a felony, the Court shall
18hold a hearing pursuant to Section 109-3 of this Code to
19determine whether there is probable cause the defendant has
20committed an offense, unless a grand jury has returned a true
21bill of indictment against the defendant. If there is a
22finding of no probable cause, the defendant shall be released.
23No such finding is necessary if the defendant is charged with a
24misdemeanor.
25    (c) Timing of petition.
26        (1) A petition may be filed without prior notice to

 

 

HB1053- 35 -LRB103 00063 RLC 45063 b

1    the defendant at the first appearance before a judge, or
2    within the 21 calendar days, except as provided in Section
3    110-6, after arrest and release of the defendant upon
4    reasonable notice to defendant; provided that while such
5    petition is pending before the court, the defendant if
6    previously released shall not be detained.
7        (2) (2) Upon filing, the court shall immediately hold
8    a hearing on the petition unless a continuance is
9    requested. If a continuance is requested, the hearing
10    shall be held within 48 hours of the defendant's first
11    appearance if the defendant is charged with a Class X,
12    Class 1, Class 2, or Class 3 felony, and within 24 hours if
13    the defendant is charged with a Class 4 or misdemeanor
14    offense. The Court may deny and or grant the request for
15    continuance. If the court decides to grant the
16    continuance, the Court retains the discretion to detain or
17    release the defendant in the time between the filing of
18    the petition and the hearing.
19    (d) Contents of petition.
20        (1) The petition shall be verified by the State and
21    shall state the grounds upon which it contends the
22    defendant should be denied pretrial release, including the
23    identity of the specific person or persons the State
24    believes the defendant poses a danger to.
25        (2) Only one petition may be filed under this Section.
26    (e) Eligibility: All defendants shall be presumed eligible

 

 

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1for pretrial release, and the State shall bear the burden of
2proving by clear and convincing evidence that:
3        (1) the proof is evident or the presumption great that
4    the defendant has committed an offense listed in
5    paragraphs (1) through (6) of subsection (a), and
6        (2) the defendant poses a real and present threat to
7    the safety of a specific, identifiable person or persons,
8    by conduct which may include, but is not limited to, a
9    forcible felony, the obstruction of justice, intimidation,
10    injury, or abuse as defined by paragraph (1) of Section
11    103 of the Illinois Domestic Violence Act of 1986, and
12        (3) no condition or combination of conditions set
13    forth in subsection (b) of Section 110-10 of this Article
14    can mitigate the real and present threat to the safety of
15    any person or persons or the defendant's willful flight.
16    (f) Conduct of the hearings.
17        (1) Prior to the hearing the State shall tender to the
18    defendant copies of defendant's criminal history
19    available, any written or recorded statements, and the
20    substance of any oral statements made by any person, if
21    relied upon by the State in its petition, and any police
22    reports in the State's Attorney's possession at the time
23    of the hearing that are required to be disclosed to the
24    defense under Illinois Supreme Court rules.
25        (2) The State or defendant may present evidence at the
26    hearing by way of proffer based upon reliable information.

 

 

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1        (3) The defendant has the right to be represented by
2    counsel, and if he or she is indigent, to have counsel
3    appointed for him or her. The defendant shall have the
4    opportunity to testify, to present witnesses on his or her
5    own behalf, and to cross-examine any witnesses that are
6    called by the State.
7        (4) If the defense seeks to call the complaining
8    witness as a witness in its favor, it shall petition the
9    court for permission. When the ends of justice so require,
10    the court may exercise its discretion and compel the
11    appearance of a complaining witness. The court shall state
12    on the record reasons for granting a defense request to
13    compel the presence of a complaining witness. In making a
14    determination under this Section section, the court shall
15    state on the record the reason for granting a defense
16    request to compel the presence of a complaining witness,
17    and only grant the request if the court finds by clear and
18    convincing evidence that the defendant will be materially
19    prejudiced if the complaining witness does not appear.
20    Cross-examination of a complaining witness at the pretrial
21    detention hearing for the purpose of impeaching the
22    witness' credibility is insufficient reason to compel the
23    presence of the witness. In deciding whether to compel the
24    appearance of a complaining witness, the court shall be
25    considerate of the emotional and physical well-being of
26    the witness. The pretrial pre-trial detention hearing is

 

 

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1    not to be used for purposes of discovery, and the post
2    arraignment rules of discovery do not apply.
3        (5) The rules concerning the admissibility of evidence
4    in criminal trials do not apply to the presentation and
5    consideration of information at the hearing. At the trial
6    concerning the offense for which the hearing was conducted
7    neither the finding of the court nor any transcript or
8    other record of the hearing shall be admissible in the
9    State's case in chief, but shall be admissible for
10    impeachment, or as provided in Section 115-10.1 of this
11    Code, or in a perjury proceeding.
12        (6) The defendant may not move to suppress evidence or
13    a confession, however, evidence that proof of the charged
14    crime may have been the result of an unlawful search or
15    seizure, or both, or through improper interrogation, is
16    relevant in assessing the weight of the evidence against
17    the defendant.
18        (7) Decisions regarding release, conditions of release
19    and detention prior trial should be individualized, and no
20    single factor or standard should be used exclusively to
21    make a condition or detention decision.
22    (g) Factors to be considered in making a determination of
23dangerousness. The court may, in determining whether the
24defendant poses a specific, imminent threat of serious
25physical harm to an identifiable person or persons, consider,
26but shall not be limited to, evidence or testimony concerning:

 

 

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1        (1) The nature and circumstances of any offense
2    charged, including whether the offense is a crime of
3    violence, involving a weapon, or a sex offense.
4        (2) The history and characteristics of the defendant
5    including:
6            (A) Any evidence of the defendant's prior criminal
7        history indicative of violent, abusive or assaultive
8        behavior, or lack of such behavior. Such evidence may
9        include testimony or documents received in juvenile
10        proceedings, criminal, quasi-criminal, civil
11        commitment, domestic relations, or other proceedings.
12            (B) Any evidence of the defendant's psychological,
13        psychiatric or other similar social history which
14        tends to indicate a violent, abusive, or assaultive
15        nature, or lack of any such history.
16        (3) The identity of any person or persons to whose
17    safety the defendant is believed to pose a threat, and the
18    nature of the threat. ;
19        (4) Any statements made by, or attributed to the
20    defendant, together with the circumstances surrounding
21    them. ;
22        (5) The age and physical condition of the defendant. ;
23        (6) The age and physical condition of any victim or
24    complaining witness. ;
25        (7) Whether the defendant is known to possess or have
26    access to any weapon or weapons. ;

 

 

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1        (8) Whether, at the time of the current offense or any
2    other offense or arrest, the defendant was on probation,
3    parole, aftercare release, mandatory supervised release or
4    other release from custody pending trial, sentencing,
5    appeal or completion of sentence for an offense under
6    federal or state law. ;
7        (9) Any other factors, including those listed in
8    Section 110-5 of this Article deemed by the court to have a
9    reasonable bearing upon the defendant's propensity or
10    reputation for violent, abusive, or assaultive behavior,
11    or lack of such behavior.
12    (h) Detention order. The court shall, in any order for
13detention:
14        (1) briefly summarize the evidence of the defendant's
15    guilt or innocence, and the court's reasons for concluding
16    that the defendant should be denied pretrial release;
17        (2) direct that the defendant be committed to the
18    custody of the sheriff for confinement in the county jail
19    pending trial;
20        (3) direct that the defendant be given a reasonable
21    opportunity for private consultation with counsel, and for
22    communication with others of his or her choice by
23    visitation, mail and telephone; and
24        (4) direct that the sheriff deliver the defendant as
25    required for appearances in connection with court
26    proceedings.

 

 

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1    (i) Detention. If the court enters an order for the
2detention of the defendant pursuant to subsection (e) of this
3Section, the defendant shall be brought to trial on the
4offense for which he is detained within 90 days after the date
5on which the order for detention was entered. If the defendant
6is not brought to trial within the 90-day 90 day period
7required by the preceding sentence, he shall not be denied
8pretrial release. In computing the 90-day 90 day period, the
9court shall omit any period of delay resulting from a
10continuance granted at the request of the defendant.
11    (j) Rights of the defendant. Any person shall be entitled
12to appeal any order entered under this Section denying
13pretrial release to the defendant.
14    (k) Appeal. The State may appeal any order entered under
15this Section denying any motion for denial of pretrial
16release.
17    (l) Presumption of innocence. Nothing in this Section
18shall be construed as modifying or limiting in any way the
19defendant's presumption of innocence in further criminal
20proceedings.
21    (m) Victim notice. (1) Crime victims shall be given notice
22by the State's Attorney's office of this hearing as required
23in paragraph (1) of subsection (b) of Section 4.5 of the Rights
24of Crime Victims and Witnesses Act and shall be informed of
25their opportunity at this hearing to obtain an order of
26protection under Article 112A of this Code.

 

 

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1(Source: P.A. 101-652, eff. 1-1-23; revised 2-28-22.)
 
2    (725 ILCS 5/111-3)  (from Ch. 38, par. 111-3)
3    Sec. 111-3. Form of charge.
4    (a) A charge shall be in writing and allege the commission
5of an offense by:
6        (1) Stating the name of the offense;
7        (2) Citing the statutory provision alleged to have
8    been violated;
9        (3) Setting forth the nature and elements of the
10    offense charged;
11        (4) Stating the date and county of the offense as
12    definitely as can be done; and
13        (5) Stating the name of the accused, if known, and if
14    not known, designate the accused by any name or
15    description by which he can be identified with reasonable
16    certainty.
17    (a-5) If the victim is alleged to have been subjected to an
18offense involving an illegal sexual act including, but not
19limited to, a sexual offense defined in Article 11 or Section
2010-9 of the Criminal Code of 2012, the charge shall state the
21identity of the victim by name, initials, or description.
22    (b) An indictment shall be signed by the foreman of the
23Grand Jury and an information shall be signed by the State's
24Attorney and sworn to by him or another. A complaint shall be
25sworn to and signed by the complainant; provided, that when a

 

 

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1peace officer observes the commission of a misdemeanor and is
2the complaining witness, the signing of the complaint by the
3peace officer is sufficient to charge the defendant with the
4commission of the offense, and the complaint need not be sworn
5to if the officer signing the complaint certifies that the
6statements set forth in the complaint are true and correct and
7are subject to the penalties provided by law for false
8certification under Section 1-109 of the Code of Civil
9Procedure and perjury under Section 32-2 of the Criminal Code
10of 2012; and further provided, however, that when a citation
11is issued on a Uniform Traffic Ticket or Uniform Conservation
12Ticket (in a form prescribed by the Conference of Chief
13Circuit Judges and filed with the Supreme Court), the copy of
14such Uniform Ticket which is filed with the circuit court
15constitutes a complaint to which the defendant may plead,
16unless he specifically requests that a verified complaint be
17filed.
18    (c) When the State seeks an enhanced sentence because of a
19prior conviction, the charge shall also state the intention to
20seek an enhanced sentence and shall state such prior
21conviction so as to give notice to the defendant. However, the
22fact of such prior conviction and the State's intention to
23seek an enhanced sentence are not elements of the offense and
24may not be disclosed to the jury during trial unless otherwise
25permitted by issues properly raised during such trial. For the
26purposes of this Section, "enhanced sentence" means a sentence

 

 

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1which is increased by a prior conviction from one
2classification of offense to another higher level
3classification of offense set forth in Section 5-4.5-10 of the
4Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
5include an increase in the sentence applied within the same
6level of classification of offense.
7    (c-5) Notwithstanding any other provision of law, in all
8cases in which the imposition of the death penalty is not a
9possibility, if an alleged fact (other than the fact of a prior
10conviction) is not an element of an offense but is sought to be
11used to increase the range of penalties for the offense beyond
12the statutory maximum that could otherwise be imposed for the
13offense, the alleged fact must be included in the charging
14instrument or otherwise provided to the defendant through a
15written notification before trial, submitted to a trier of
16fact as an aggravating factor, and proved beyond a reasonable
17doubt. Failure to prove the fact beyond a reasonable doubt is
18not a bar to a conviction for commission of the offense, but is
19a bar to increasing, based on that fact, the range of penalties
20for the offense beyond the statutory maximum that could
21otherwise be imposed for that offense. Nothing in this
22subsection (c-5) requires the imposition of a sentence that
23increases the range of penalties for the offense beyond the
24statutory maximum that could otherwise be imposed for the
25offense if the imposition of that sentence is not required by
26law.

 

 

HB1053- 45 -LRB103 00063 RLC 45063 b

1    (d) At any time prior to trial, the State on motion shall
2be permitted to amend the charge, whether brought by
3indictment, information or complaint, to make the charge
4comply with subsection (c) or (c-5) of this Section. Nothing
5in Section 103-5 of this Code precludes such an amendment or a
6written notification made in accordance with subsection (c-5)
7of this Section.
8    (e) The provisions of subsection (a) of Section 5-4.5-95
9of the Unified Code of Corrections before its repeal on the
10effective date of this amendatory Act of the 103rd General
11Assembly (730 ILCS 5/5-4.5-95) shall not be affected by this
12Section.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
 
14    Section 30. The Unified Code of Corrections is amended by
15changing Sections 3-2-2, 3-3-3, and 3-6-3 as follows:
 
16    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
17    Sec. 3-2-2. Powers and duties of the Department.
18    (1) In addition to the powers, duties, and
19responsibilities which are otherwise provided by law, the
20Department shall have the following powers:
21        (a) To accept persons committed to it by the courts of
22    this State for care, custody, treatment, and
23    rehabilitation, and to accept federal prisoners and
24    noncitizens over whom the Office of the Federal Detention

 

 

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1    Trustee is authorized to exercise the federal detention
2    function for limited purposes and periods of time.
3        (b) To develop and maintain reception and evaluation
4    units for purposes of analyzing the custody and
5    rehabilitation needs of persons committed to it and to
6    assign such persons to institutions and programs under its
7    control or transfer them to other appropriate agencies. In
8    consultation with the Department of Alcoholism and
9    Substance Abuse (now the Department of Human Services),
10    the Department of Corrections shall develop a master plan
11    for the screening and evaluation of persons committed to
12    its custody who have alcohol or drug abuse problems, and
13    for making appropriate treatment available to such
14    persons; the Department shall report to the General
15    Assembly on such plan not later than April 1, 1987. The
16    maintenance and implementation of such plan shall be
17    contingent upon the availability of funds.
18        (b-1) To create and implement, on January 1, 2002, a
19    pilot program to establish the effectiveness of
20    pupillometer technology (the measurement of the pupil's
21    reaction to light) as an alternative to a urine test for
22    purposes of screening and evaluating persons committed to
23    its custody who have alcohol or drug problems. The pilot
24    program shall require the pupillometer technology to be
25    used in at least one Department of Corrections facility.
26    The Director may expand the pilot program to include an

 

 

HB1053- 47 -LRB103 00063 RLC 45063 b

1    additional facility or facilities as he or she deems
2    appropriate. A minimum of 4,000 tests shall be included in
3    the pilot program. The Department must report to the
4    General Assembly on the effectiveness of the program by
5    January 1, 2003.
6        (b-5) To develop, in consultation with the Illinois
7    State Police, a program for tracking and evaluating each
8    inmate from commitment through release for recording his
9    or her gang affiliations, activities, or ranks.
10        (c) To maintain and administer all State correctional
11    institutions and facilities under its control and to
12    establish new ones as needed. Pursuant to its power to
13    establish new institutions and facilities, the Department
14    may, with the written approval of the Governor, authorize
15    the Department of Central Management Services to enter
16    into an agreement of the type described in subsection (d)
17    of Section 405-300 of the Department of Central Management
18    Services Law. The Department shall designate those
19    institutions which shall constitute the State Penitentiary
20    System. The Department of Juvenile Justice shall maintain
21    and administer all State youth centers pursuant to
22    subsection (d) of Section 3-2.5-20.
23        Pursuant to its power to establish new institutions
24    and facilities, the Department may authorize the
25    Department of Central Management Services to accept bids
26    from counties and municipalities for the construction,

 

 

HB1053- 48 -LRB103 00063 RLC 45063 b

1    remodeling, or conversion of a structure to be leased to
2    the Department of Corrections for the purposes of its
3    serving as a correctional institution or facility. Such
4    construction, remodeling, or conversion may be financed
5    with revenue bonds issued pursuant to the Industrial
6    Building Revenue Bond Act by the municipality or county.
7    The lease specified in a bid shall be for a term of not
8    less than the time needed to retire any revenue bonds used
9    to finance the project, but not to exceed 40 years. The
10    lease may grant to the State the option to purchase the
11    structure outright.
12        Upon receipt of the bids, the Department may certify
13    one or more of the bids and shall submit any such bids to
14    the General Assembly for approval. Upon approval of a bid
15    by a constitutional majority of both houses of the General
16    Assembly, pursuant to joint resolution, the Department of
17    Central Management Services may enter into an agreement
18    with the county or municipality pursuant to such bid.
19        (c-5) To build and maintain regional juvenile
20    detention centers and to charge a per diem to the counties
21    as established by the Department to defray the costs of
22    housing each minor in a center. In this subsection (c-5),
23    "juvenile detention center" means a facility to house
24    minors during pendency of trial who have been transferred
25    from proceedings under the Juvenile Court Act of 1987 to
26    prosecutions under the criminal laws of this State in

 

 

HB1053- 49 -LRB103 00063 RLC 45063 b

1    accordance with Section 5-805 of the Juvenile Court Act of
2    1987, whether the transfer was by operation of law or
3    permissive under that Section. The Department shall
4    designate the counties to be served by each regional
5    juvenile detention center.
6        (d) To develop and maintain programs of control,
7    rehabilitation, and employment of committed persons within
8    its institutions.
9        (d-5) To provide a pre-release job preparation program
10    for inmates at Illinois adult correctional centers.
11        (d-10) To provide educational and visitation
12    opportunities to committed persons within its institutions
13    through temporary access to content-controlled tablets
14    that may be provided as a privilege to committed persons
15    to induce or reward compliance.
16        (e) To establish a system of supervision and guidance
17    of committed persons in the community.
18        (f) To establish in cooperation with the Department of
19    Transportation to supply a sufficient number of prisoners
20    for use by the Department of Transportation to clean up
21    the trash and garbage along State, county, township, or
22    municipal highways as designated by the Department of
23    Transportation. The Department of Corrections, at the
24    request of the Department of Transportation, shall furnish
25    such prisoners at least annually for a period to be agreed
26    upon between the Director of Corrections and the Secretary

 

 

HB1053- 50 -LRB103 00063 RLC 45063 b

1    of Transportation. The prisoners used on this program
2    shall be selected by the Director of Corrections on
3    whatever basis he deems proper in consideration of their
4    term, behavior and earned eligibility to participate in
5    such program - where they will be outside of the prison
6    facility but still in the custody of the Department of
7    Corrections. Prisoners convicted of first degree murder,
8    or a Class X felony, or armed violence, or aggravated
9    kidnapping, or criminal sexual assault, aggravated
10    criminal sexual abuse or a subsequent conviction for
11    criminal sexual abuse, or forcible detention, or arson, or
12    a prisoner adjudged a Habitual Criminal before the
13    effective date of this amendatory Act of the 103rd General
14    Assembly shall not be eligible for selection to
15    participate in such program. The prisoners shall remain as
16    prisoners in the custody of the Department of Corrections
17    and such Department shall furnish whatever security is
18    necessary. The Department of Transportation shall furnish
19    trucks and equipment for the highway cleanup program and
20    personnel to supervise and direct the program. Neither the
21    Department of Corrections nor the Department of
22    Transportation shall replace any regular employee with a
23    prisoner.
24        (g) To maintain records of persons committed to it and
25    to establish programs of research, statistics, and
26    planning.

 

 

HB1053- 51 -LRB103 00063 RLC 45063 b

1        (h) To investigate the grievances of any person
2    committed to the Department and to inquire into any
3    alleged misconduct by employees or committed persons; and
4    for these purposes it may issue subpoenas and compel the
5    attendance of witnesses and the production of writings and
6    papers, and may examine under oath any witnesses who may
7    appear before it; to also investigate alleged violations
8    of a parolee's or releasee's conditions of parole or
9    release; and for this purpose it may issue subpoenas and
10    compel the attendance of witnesses and the production of
11    documents only if there is reason to believe that such
12    procedures would provide evidence that such violations
13    have occurred.
14        If any person fails to obey a subpoena issued under
15    this subsection, the Director may apply to any circuit
16    court to secure compliance with the subpoena. The failure
17    to comply with the order of the court issued in response
18    thereto shall be punishable as contempt of court.
19        (i) To appoint and remove the chief administrative
20    officers, and administer programs of training and
21    development of personnel of the Department. Personnel
22    assigned by the Department to be responsible for the
23    custody and control of committed persons or to investigate
24    the alleged misconduct of committed persons or employees
25    or alleged violations of a parolee's or releasee's
26    conditions of parole shall be conservators of the peace

 

 

HB1053- 52 -LRB103 00063 RLC 45063 b

1    for those purposes, and shall have the full power of peace
2    officers outside of the facilities of the Department in
3    the protection, arrest, retaking, and reconfining of
4    committed persons or where the exercise of such power is
5    necessary to the investigation of such misconduct or
6    violations. This subsection shall not apply to persons
7    committed to the Department of Juvenile Justice under the
8    Juvenile Court Act of 1987 on aftercare release.
9        (j) To cooperate with other departments and agencies
10    and with local communities for the development of
11    standards and programs for better correctional services in
12    this State.
13        (k) To administer all moneys and properties of the
14    Department.
15        (l) To report annually to the Governor on the
16    committed persons, institutions, and programs of the
17    Department.
18        (l-5) (Blank).
19        (m) To make all rules and regulations and exercise all
20    powers and duties vested by law in the Department.
21        (n) To establish rules and regulations for
22    administering a system of sentence credits, established in
23    accordance with Section 3-6-3, subject to review by the
24    Prisoner Review Board.
25        (o) To administer the distribution of funds from the
26    State Treasury to reimburse counties where State penal

 

 

HB1053- 53 -LRB103 00063 RLC 45063 b

1    institutions are located for the payment of assistant
2    state's attorneys' salaries under Section 4-2001 of the
3    Counties Code.
4        (p) To exchange information with the Department of
5    Human Services and the Department of Healthcare and Family
6    Services for the purpose of verifying living arrangements
7    and for other purposes directly connected with the
8    administration of this Code and the Illinois Public Aid
9    Code.
10        (q) To establish a diversion program.
11        The program shall provide a structured environment for
12    selected technical parole or mandatory supervised release
13    violators and committed persons who have violated the
14    rules governing their conduct while in work release. This
15    program shall not apply to those persons who have
16    committed a new offense while serving on parole or
17    mandatory supervised release or while committed to work
18    release.
19        Elements of the program shall include, but shall not
20    be limited to, the following:
21            (1) The staff of a diversion facility shall
22        provide supervision in accordance with required
23        objectives set by the facility.
24            (2) Participants shall be required to maintain
25        employment.
26            (3) Each participant shall pay for room and board

 

 

HB1053- 54 -LRB103 00063 RLC 45063 b

1        at the facility on a sliding-scale basis according to
2        the participant's income.
3            (4) Each participant shall:
4                (A) provide restitution to victims in
5            accordance with any court order;
6                (B) provide financial support to his
7            dependents; and
8                (C) make appropriate payments toward any other
9            court-ordered obligations.
10            (5) Each participant shall complete community
11        service in addition to employment.
12            (6) Participants shall take part in such
13        counseling, educational, and other programs as the
14        Department may deem appropriate.
15            (7) Participants shall submit to drug and alcohol
16        screening.
17            (8) The Department shall promulgate rules
18        governing the administration of the program.
19        (r) To enter into intergovernmental cooperation
20    agreements under which persons in the custody of the
21    Department may participate in a county impact
22    incarceration program established under Section 3-6038 or
23    3-15003.5 of the Counties Code.
24        (r-5) (Blank).
25        (r-10) To systematically and routinely identify with
26    respect to each streetgang active within the correctional

 

 

HB1053- 55 -LRB103 00063 RLC 45063 b

1    system: (1) each active gang; (2) every existing
2    inter-gang affiliation or alliance; and (3) the current
3    leaders in each gang. The Department shall promptly
4    segregate leaders from inmates who belong to their gangs
5    and allied gangs. "Segregate" means no physical contact
6    and, to the extent possible under the conditions and space
7    available at the correctional facility, prohibition of
8    visual and sound communication. For the purposes of this
9    paragraph (r-10), "leaders" means persons who:
10            (i) are members of a criminal streetgang;
11            (ii) with respect to other individuals within the
12        streetgang, occupy a position of organizer,
13        supervisor, or other position of management or
14        leadership; and
15            (iii) are actively and personally engaged in
16        directing, ordering, authorizing, or requesting
17        commission of criminal acts by others, which are
18        punishable as a felony, in furtherance of streetgang
19        related activity both within and outside of the
20        Department of Corrections.
21    "Streetgang", "gang", and "streetgang related" have the
22    meanings ascribed to them in Section 10 of the Illinois
23    Streetgang Terrorism Omnibus Prevention Act.
24        (s) To operate a super-maximum security institution,
25    in order to manage and supervise inmates who are
26    disruptive or dangerous and provide for the safety and

 

 

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1    security of the staff and the other inmates.
2        (t) To monitor any unprivileged conversation or any
3    unprivileged communication, whether in person or by mail,
4    telephone, or other means, between an inmate who, before
5    commitment to the Department, was a member of an organized
6    gang and any other person without the need to show cause or
7    satisfy any other requirement of law before beginning the
8    monitoring, except as constitutionally required. The
9    monitoring may be by video, voice, or other method of
10    recording or by any other means. As used in this
11    subdivision (1)(t), "organized gang" has the meaning
12    ascribed to it in Section 10 of the Illinois Streetgang
13    Terrorism Omnibus Prevention Act.
14        As used in this subdivision (1)(t), "unprivileged
15    conversation" or "unprivileged communication" means a
16    conversation or communication that is not protected by any
17    privilege recognized by law or by decision, rule, or order
18    of the Illinois Supreme Court.
19        (u) To establish a Women's and Children's Pre-release
20    Community Supervision Program for the purpose of providing
21    housing and services to eligible female inmates, as
22    determined by the Department, and their newborn and young
23    children.
24        (u-5) To issue an order, whenever a person committed
25    to the Department absconds or absents himself or herself,
26    without authority to do so, from any facility or program

 

 

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1    to which he or she is assigned. The order shall be
2    certified by the Director, the Supervisor of the
3    Apprehension Unit, or any person duly designated by the
4    Director, with the seal of the Department affixed. The
5    order shall be directed to all sheriffs, coroners, and
6    police officers, or to any particular person named in the
7    order. Any order issued pursuant to this subdivision
8    (1)(u-5) shall be sufficient warrant for the officer or
9    person named in the order to arrest and deliver the
10    committed person to the proper correctional officials and
11    shall be executed the same as criminal process.
12        (u-6) To appoint a point of contact person who shall
13    receive suggestions, complaints, or other requests to the
14    Department from visitors to Department institutions or
15    facilities and from other members of the public.
16        (v) To do all other acts necessary to carry out the
17    provisions of this Chapter.
18    (2) The Department of Corrections shall by January 1,
191998, consider building and operating a correctional facility
20within 100 miles of a county of over 2,000,000 inhabitants,
21especially a facility designed to house juvenile participants
22in the impact incarceration program.
23    (3) When the Department lets bids for contracts for
24medical services to be provided to persons committed to
25Department facilities by a health maintenance organization,
26medical service corporation, or other health care provider,

 

 

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1the bid may only be let to a health care provider that has
2obtained an irrevocable letter of credit or performance bond
3issued by a company whose bonds have an investment grade or
4higher rating by a bond rating organization.
5    (4) When the Department lets bids for contracts for food
6or commissary services to be provided to Department
7facilities, the bid may only be let to a food or commissary
8services provider that has obtained an irrevocable letter of
9credit or performance bond issued by a company whose bonds
10have an investment grade or higher rating by a bond rating
11organization.
12    (5) On and after the date 6 months after August 16, 2013
13(the effective date of Public Act 98-488), as provided in the
14Executive Order 1 (2012) Implementation Act, all of the
15powers, duties, rights, and responsibilities related to State
16healthcare purchasing under this Code that were transferred
17from the Department of Corrections to the Department of
18Healthcare and Family Services by Executive Order 3 (2005) are
19transferred back to the Department of Corrections; however,
20powers, duties, rights, and responsibilities related to State
21healthcare purchasing under this Code that were exercised by
22the Department of Corrections before the effective date of
23Executive Order 3 (2005) but that pertain to individuals
24resident in facilities operated by the Department of Juvenile
25Justice are transferred to the Department of Juvenile Justice.
26(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;

 

 

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1102-535, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff.
25-13-22; 102-1030, eff. 5-27-22.)
 
3    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
4    Sec. 3-3-3. Eligibility for parole or release.
5    (a) Except for those offenders who accept the fixed
6release date established by the Prisoner Review Board under
7Section 3-3-2.1, every person serving a term of imprisonment
8under the law in effect prior to the effective date of this
9amendatory Act of 1977 shall be eligible for parole when he or
10she has served:
11        (1) the minimum term of an indeterminate sentence less
12    time credit for good behavior, or 20 years less time
13    credit for good behavior, whichever is less; or
14        (2) 20 years of a life sentence less time credit for
15    good behavior; or
16        (3) 20 years or one-third of a determinate sentence,
17    whichever is less, less time credit for good behavior.
18    (b) No person sentenced under this amendatory Act of 1977
19or who accepts a release date under Section 3-3-2.1 shall be
20eligible for parole.
21    (c) Except for those sentenced to a term of natural life
22imprisonment, every person sentenced to imprisonment under
23this amendatory Act of 1977 or given a release date under
24Section 3-3-2.1 of this Act shall serve the full term of a
25determinate sentence less time credit for good behavior and

 

 

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1shall then be released under the mandatory supervised release
2provisions of paragraph (d) of Section 5-8-1 of this Code.
3    (d) No person serving a term of natural life imprisonment
4may be paroled or released except through executive clemency.
5    (d-5) Notwithstanding any provision of law to the
6contrary, a person convicted under Section 24-1.7 of the
7Criminal Code of 2012 or Section 5-4.5-95 of this Code before
8the repeal of those Sections on the effective date of this
9amendatory Act of the 103rd General Assembly shall not be
10eligible for consideration of conditions of parole or
11mandatory supervised release if any of his or her convictions
12under those statutes was first degree murder, second degree
13murder, or any offense under Article 11 of the Criminal Code of
142012 or the Criminal Code of 1961.
15    (e) Every person committed to the Department of Juvenile
16Justice under the Juvenile Court Act of 1987 and confined in
17the State correctional institutions or facilities if such
18juvenile has not been tried as an adult shall be eligible for
19aftercare release under Section 3-2.5-85 of this Code.
20However, if a juvenile has been tried as an adult he or she
21shall only be eligible for parole or mandatory supervised
22release as an adult under this Section.
23(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
24    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
25    Sec. 3-6-3. Rules and regulations for sentence credit.

 

 

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1    (a)(1) The Department of Corrections shall prescribe rules
2and regulations for awarding and revoking sentence credit for
3persons committed to the Department which shall be subject to
4review by the Prisoner Review Board.
5    (1.5) As otherwise provided by law, sentence credit may be
6awarded for the following:
7        (A) successful completion of programming while in
8    custody of the Department or while in custody prior to
9    sentencing;
10        (B) compliance with the rules and regulations of the
11    Department; or
12        (C) service to the institution, service to a
13    community, or service to the State.
14    (2) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations on sentence credit
16shall provide, with respect to offenses listed in clause (i),
17(ii), or (iii) of this paragraph (2) committed on or after June
1819, 1998 or with respect to the offense listed in clause (iv)
19of this paragraph (2) committed on or after June 23, 2005 (the
20effective date of Public Act 94-71) or with respect to offense
21listed in clause (vi) committed on or after June 1, 2008 (the
22effective date of Public Act 95-625) or with respect to the
23offense of being an armed habitual criminal committed on or
24after August 2, 2005 (the effective date of Public Act 94-398)
25but before the effective date of this amendatory Act of the
26103rd General Assembly or with respect to the offenses listed

 

 

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1in clause (v) of this paragraph (2) committed on or after
2August 13, 2007 (the effective date of Public Act 95-134) or
3with respect to the offense of aggravated domestic battery
4committed on or after July 23, 2010 (the effective date of
5Public Act 96-1224) or with respect to the offense of attempt
6to commit terrorism committed on or after January 1, 2013 (the
7effective date of Public Act 97-990), the following:
8        (i) that a prisoner who is serving a term of
9    imprisonment for first degree murder or for the offense of
10    terrorism shall receive no sentence credit and shall serve
11    the entire sentence imposed by the court;
12        (ii) that a prisoner serving a sentence for attempt to
13    commit terrorism, attempt to commit first degree murder,
14    solicitation of murder, solicitation of murder for hire,
15    intentional homicide of an unborn child, predatory
16    criminal sexual assault of a child, aggravated criminal
17    sexual assault, criminal sexual assault, aggravated
18    kidnapping, aggravated battery with a firearm as described
19    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
20    or (e)(4) of Section 12-3.05, heinous battery as described
21    in Section 12-4.1 or subdivision (a)(2) of Section
22    12-3.05, being an armed habitual criminal before the
23    effective date of this amendatory Act of the 103rd General
24    Assembly, aggravated battery of a senior citizen as
25    described in Section 12-4.6 or subdivision (a)(4) of
26    Section 12-3.05, or aggravated battery of a child as

 

 

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1    described in Section 12-4.3 or subdivision (b)(1) of
2    Section 12-3.05 shall receive no more than 4.5 days of
3    sentence credit for each month of his or her sentence of
4    imprisonment;
5        (iii) that a prisoner serving a sentence for home
6    invasion, armed robbery, aggravated vehicular hijacking,
7    aggravated discharge of a firearm, or armed violence with
8    a category I weapon or category II weapon, when the court
9    has made and entered a finding, pursuant to subsection
10    (c-1) of Section 5-4-1 of this Code, that the conduct
11    leading to conviction for the enumerated offense resulted
12    in great bodily harm to a victim, shall receive no more
13    than 4.5 days of sentence credit for each month of his or
14    her sentence of imprisonment;
15        (iv) that a prisoner serving a sentence for aggravated
16    discharge of a firearm, whether or not the conduct leading
17    to conviction for the offense resulted in great bodily
18    harm to the victim, shall receive no more than 4.5 days of
19    sentence credit for each month of his or her sentence of
20    imprisonment;
21        (v) that a person serving a sentence for gunrunning,
22    narcotics racketeering, controlled substance trafficking,
23    methamphetamine trafficking, drug-induced homicide,
24    aggravated methamphetamine-related child endangerment,
25    money laundering pursuant to clause (c) (4) or (5) of
26    Section 29B-1 of the Criminal Code of 1961 or the Criminal

 

 

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1    Code of 2012, or a Class X felony conviction for delivery
2    of a controlled substance, possession of a controlled
3    substance with intent to manufacture or deliver,
4    calculated criminal drug conspiracy, criminal drug
5    conspiracy, street gang criminal drug conspiracy,
6    participation in methamphetamine manufacturing,
7    aggravated participation in methamphetamine
8    manufacturing, delivery of methamphetamine, possession
9    with intent to deliver methamphetamine, aggravated
10    delivery of methamphetamine, aggravated possession with
11    intent to deliver methamphetamine, methamphetamine
12    conspiracy when the substance containing the controlled
13    substance or methamphetamine is 100 grams or more shall
14    receive no more than 7.5 days sentence credit for each
15    month of his or her sentence of imprisonment;
16        (vi) that a prisoner serving a sentence for a second
17    or subsequent offense of luring a minor shall receive no
18    more than 4.5 days of sentence credit for each month of his
19    or her sentence of imprisonment; and
20        (vii) that a prisoner serving a sentence for
21    aggravated domestic battery shall receive no more than 4.5
22    days of sentence credit for each month of his or her
23    sentence of imprisonment.
24    (2.1) For all offenses, other than those enumerated in
25subdivision (a)(2)(i), (ii), or (iii) committed on or after
26June 19, 1998 or subdivision (a)(2)(iv) committed on or after

 

 

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1June 23, 2005 (the effective date of Public Act 94-71) or
2subdivision (a)(2)(v) committed on or after August 13, 2007
3(the effective date of Public Act 95-134) or subdivision
4(a)(2)(vi) committed on or after June 1, 2008 (the effective
5date of Public Act 95-625) or subdivision (a)(2)(vii)
6committed on or after July 23, 2010 (the effective date of
7Public Act 96-1224), and other than the offense of aggravated
8driving under the influence of alcohol, other drug or drugs,
9or intoxicating compound or compounds, or any combination
10thereof as defined in subparagraph (F) of paragraph (1) of
11subsection (d) of Section 11-501 of the Illinois Vehicle Code,
12and other than the offense of aggravated driving under the
13influence of alcohol, other drug or drugs, or intoxicating
14compound or compounds, or any combination thereof as defined
15in subparagraph (C) of paragraph (1) of subsection (d) of
16Section 11-501 of the Illinois Vehicle Code committed on or
17after January 1, 2011 (the effective date of Public Act
1896-1230), the rules and regulations shall provide that a
19prisoner who is serving a term of imprisonment shall receive
20one day of sentence credit for each day of his or her sentence
21of imprisonment or recommitment under Section 3-3-9. Each day
22of sentence credit shall reduce by one day the prisoner's
23period of imprisonment or recommitment under Section 3-3-9.
24    (2.2) A prisoner serving a term of natural life
25imprisonment or a prisoner who has been sentenced to death
26shall receive no sentence credit.

 

 

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1    (2.3) Except as provided in paragraph (4.7) of this
2subsection (a), the rules and regulations on sentence credit
3shall provide that a prisoner who is serving a sentence for
4aggravated driving under the influence of alcohol, other drug
5or drugs, or intoxicating compound or compounds, or any
6combination thereof as defined in subparagraph (F) of
7paragraph (1) of subsection (d) of Section 11-501 of the
8Illinois Vehicle Code, shall receive no more than 4.5 days of
9sentence credit for each month of his or her sentence of
10imprisonment.
11    (2.4) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide with respect to the offenses of aggravated
14battery with a machine gun or a firearm equipped with any
15device or attachment designed or used for silencing the report
16of a firearm or aggravated discharge of a machine gun or a
17firearm equipped with any device or attachment designed or
18used for silencing the report of a firearm, committed on or
19after July 15, 1999 (the effective date of Public Act 91-121),
20that a prisoner serving a sentence for any of these offenses
21shall receive no more than 4.5 days of sentence credit for each
22month of his or her sentence of imprisonment.
23    (2.5) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide that a prisoner who is serving a sentence for
26aggravated arson committed on or after July 27, 2001 (the

 

 

HB1053- 67 -LRB103 00063 RLC 45063 b

1effective date of Public Act 92-176) shall receive no more
2than 4.5 days of sentence credit for each month of his or her
3sentence of imprisonment.
4    (2.6) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide that a prisoner who is serving a sentence for
7aggravated driving under the influence of alcohol, other drug
8or drugs, or intoxicating compound or compounds or any
9combination thereof as defined in subparagraph (C) of
10paragraph (1) of subsection (d) of Section 11-501 of the
11Illinois Vehicle Code committed on or after January 1, 2011
12(the effective date of Public Act 96-1230) shall receive no
13more than 4.5 days of sentence credit for each month of his or
14her sentence of imprisonment.
15    (3) In addition to the sentence credits earned under
16paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
17subsection (a), the rules and regulations shall also provide
18that the Director may award up to 180 days of earned sentence
19credit for prisoners serving a sentence of incarceration of
20less than 5 years, and up to 365 days of earned sentence credit
21for prisoners serving a sentence of 5 years or longer. The
22Director may grant this credit for good conduct in specific
23instances as the Director deems proper. The good conduct may
24include, but is not limited to, compliance with the rules and
25regulations of the Department, service to the Department,
26service to a community, or service to the State.

 

 

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1    Eligible inmates for an award of earned sentence credit
2under this paragraph (3) may be selected to receive the credit
3at the Director's or his or her designee's sole discretion.
4Eligibility for the additional earned sentence credit under
5this paragraph (3) may be based on, but is not limited to,
6participation in programming offered by the Department as
7appropriate for the prisoner based on the results of any
8available risk/needs assessment or other relevant assessments
9or evaluations administered by the Department using a
10validated instrument, the circumstances of the crime,
11demonstrated commitment to rehabilitation by a prisoner with a
12history of conviction for a forcible felony enumerated in
13Section 2-8 of the Criminal Code of 2012, the inmate's
14behavior and improvements in disciplinary history while
15incarcerated, and the inmate's commitment to rehabilitation,
16including participation in programming offered by the
17Department.
18    The Director shall not award sentence credit under this
19paragraph (3) to an inmate unless the inmate has served a
20minimum of 60 days of the sentence; except nothing in this
21paragraph shall be construed to permit the Director to extend
22an inmate's sentence beyond that which was imposed by the
23court. Prior to awarding credit under this paragraph (3), the
24Director shall make a written determination that the inmate:
25        (A) is eligible for the earned sentence credit;
26        (B) has served a minimum of 60 days, or as close to 60

 

 

HB1053- 69 -LRB103 00063 RLC 45063 b

1    days as the sentence will allow;
2        (B-1) has received a risk/needs assessment or other
3    relevant evaluation or assessment administered by the
4    Department using a validated instrument; and
5        (C) has met the eligibility criteria established by
6    rule for earned sentence credit.
7    The Director shall determine the form and content of the
8written determination required in this subsection.
9    (3.5) The Department shall provide annual written reports
10to the Governor and the General Assembly on the award of earned
11sentence credit no later than February 1 of each year. The
12Department must publish both reports on its website within 48
13hours of transmitting the reports to the Governor and the
14General Assembly. The reports must include:
15        (A) the number of inmates awarded earned sentence
16    credit;
17        (B) the average amount of earned sentence credit
18    awarded;
19        (C) the holding offenses of inmates awarded earned
20    sentence credit; and
21        (D) the number of earned sentence credit revocations.
22    (4)(A) Except as provided in paragraph (4.7) of this
23subsection (a), the rules and regulations shall also provide
24that any prisoner who is engaged full-time in substance abuse
25programs, correctional industry assignments, educational
26programs, work-release programs or activities in accordance

 

 

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1with Article 13 of Chapter III of this Code, behavior
2modification programs, life skills courses, or re-entry
3planning provided by the Department under this paragraph (4)
4and satisfactorily completes the assigned program as
5determined by the standards of the Department, shall receive
6one day of sentence credit for each day in which that prisoner
7is engaged in the activities described in this paragraph. The
8rules and regulations shall also provide that sentence credit
9may be provided to an inmate who was held in pre-trial
10detention prior to his or her current commitment to the
11Department of Corrections and successfully completed a
12full-time, 60-day or longer substance abuse program,
13educational program, behavior modification program, life
14skills course, or re-entry planning provided by the county
15department of corrections or county jail. Calculation of this
16county program credit shall be done at sentencing as provided
17in Section 5-4.5-100 of this Code and shall be included in the
18sentencing order. The rules and regulations shall also provide
19that sentence credit may be provided to an inmate who is in
20compliance with programming requirements in an adult
21transition center.
22    (B) The Department shall award sentence credit under this
23paragraph (4) accumulated prior to January 1, 2020 (the
24effective date of Public Act 101-440) in an amount specified
25in subparagraph (C) of this paragraph (4) to an inmate serving
26a sentence for an offense committed prior to June 19, 1998, if

 

 

HB1053- 71 -LRB103 00063 RLC 45063 b

1the Department determines that the inmate is entitled to this
2sentence credit, based upon:
3        (i) documentation provided by the Department that the
4    inmate engaged in any full-time substance abuse programs,
5    correctional industry assignments, educational programs,
6    behavior modification programs, life skills courses, or
7    re-entry planning provided by the Department under this
8    paragraph (4) and satisfactorily completed the assigned
9    program as determined by the standards of the Department
10    during the inmate's current term of incarceration; or
11        (ii) the inmate's own testimony in the form of an
12    affidavit or documentation, or a third party's
13    documentation or testimony in the form of an affidavit
14    that the inmate likely engaged in any full-time substance
15    abuse programs, correctional industry assignments,
16    educational programs, behavior modification programs, life
17    skills courses, or re-entry planning provided by the
18    Department under paragraph (4) and satisfactorily
19    completed the assigned program as determined by the
20    standards of the Department during the inmate's current
21    term of incarceration.
22    (C) If the inmate can provide documentation that he or she
23is entitled to sentence credit under subparagraph (B) in
24excess of 45 days of participation in those programs, the
25inmate shall receive 90 days of sentence credit. If the inmate
26cannot provide documentation of more than 45 days of

 

 

HB1053- 72 -LRB103 00063 RLC 45063 b

1participation in those programs, the inmate shall receive 45
2days of sentence credit. In the event of a disagreement
3between the Department and the inmate as to the amount of
4credit accumulated under subparagraph (B), if the Department
5provides documented proof of a lesser amount of days of
6participation in those programs, that proof shall control. If
7the Department provides no documentary proof, the inmate's
8proof as set forth in clause (ii) of subparagraph (B) shall
9control as to the amount of sentence credit provided.
10    (D) If the inmate has been convicted of a sex offense as
11defined in Section 2 of the Sex Offender Registration Act,
12sentencing credits under subparagraph (B) of this paragraph
13(4) shall be awarded by the Department only if the conditions
14set forth in paragraph (4.6) of subsection (a) are satisfied.
15No inmate serving a term of natural life imprisonment shall
16receive sentence credit under subparagraph (B) of this
17paragraph (4).
18    Educational, vocational, substance abuse, behavior
19modification programs, life skills courses, re-entry planning,
20and correctional industry programs under which sentence credit
21may be earned under this paragraph (4) and paragraph (4.1) of
22this subsection (a) shall be evaluated by the Department on
23the basis of documented standards. The Department shall report
24the results of these evaluations to the Governor and the
25General Assembly by September 30th of each year. The reports
26shall include data relating to the recidivism rate among

 

 

HB1053- 73 -LRB103 00063 RLC 45063 b

1program participants.
2    Availability of these programs shall be subject to the
3limits of fiscal resources appropriated by the General
4Assembly for these purposes. Eligible inmates who are denied
5immediate admission shall be placed on a waiting list under
6criteria established by the Department. The rules and
7regulations shall provide that a prisoner who has been placed
8on a waiting list but is transferred for non-disciplinary
9reasons before beginning a program shall receive priority
10placement on the waitlist for appropriate programs at the new
11facility. The inability of any inmate to become engaged in any
12such programs by reason of insufficient program resources or
13for any other reason established under the rules and
14regulations of the Department shall not be deemed a cause of
15action under which the Department or any employee or agent of
16the Department shall be liable for damages to the inmate. The
17rules and regulations shall provide that a prisoner who begins
18an educational, vocational, substance abuse, work-release
19programs or activities in accordance with Article 13 of
20Chapter III of this Code, behavior modification program, life
21skills course, re-entry planning, or correctional industry
22programs but is unable to complete the program due to illness,
23disability, transfer, lockdown, or another reason outside of
24the prisoner's control shall receive prorated sentence credits
25for the days in which the prisoner did participate.
26    (4.1) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations shall also provide
2that an additional 90 days of sentence credit shall be awarded
3to any prisoner who passes high school equivalency testing
4while the prisoner is committed to the Department of
5Corrections. The sentence credit awarded under this paragraph
6(4.1) shall be in addition to, and shall not affect, the award
7of sentence credit under any other paragraph of this Section,
8but shall also be pursuant to the guidelines and restrictions
9set forth in paragraph (4) of subsection (a) of this Section.
10The sentence credit provided for in this paragraph shall be
11available only to those prisoners who have not previously
12earned a high school diploma or a high school equivalency
13certificate. If, after an award of the high school equivalency
14testing sentence credit has been made, the Department
15determines that the prisoner was not eligible, then the award
16shall be revoked. The Department may also award 90 days of
17sentence credit to any committed person who passed high school
18equivalency testing while he or she was held in pre-trial
19detention prior to the current commitment to the Department of
20Corrections. Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations shall provide that
22an additional 120 days of sentence credit shall be awarded to
23any prisoner who obtains an associate degree while the
24prisoner is committed to the Department of Corrections,
25regardless of the date that the associate degree was obtained,
26including if prior to July 1, 2021 (the effective date of

 

 

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1Public Act 101-652). The sentence credit awarded under this
2paragraph (4.1) shall be in addition to, and shall not affect,
3the award of sentence credit under any other paragraph of this
4Section, but shall also be under the guidelines and
5restrictions set forth in paragraph (4) of subsection (a) of
6this Section. The sentence credit provided for in this
7paragraph (4.1) shall be available only to those prisoners who
8have not previously earned an associate degree prior to the
9current commitment to the Department of Corrections. If, after
10an award of the associate degree sentence credit has been made
11and the Department determines that the prisoner was not
12eligible, then the award shall be revoked. The Department may
13also award 120 days of sentence credit to any committed person
14who earned an associate degree while he or she was held in
15pre-trial detention prior to the current commitment to the
16Department of Corrections.
17    Except as provided in paragraph (4.7) of this subsection
18(a), the rules and regulations shall provide that an
19additional 180 days of sentence credit shall be awarded to any
20prisoner who obtains a bachelor's degree while the prisoner is
21committed to the Department of Corrections. The sentence
22credit awarded under this paragraph (4.1) shall be in addition
23to, and shall not affect, the award of sentence credit under
24any other paragraph of this Section, but shall also be under
25the guidelines and restrictions set forth in paragraph (4) of
26this subsection (a). The sentence credit provided for in this

 

 

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1paragraph shall be available only to those prisoners who have
2not earned a bachelor's degree prior to the current commitment
3to the Department of Corrections. If, after an award of the
4bachelor's degree sentence credit has been made, the
5Department determines that the prisoner was not eligible, then
6the award shall be revoked. The Department may also award 180
7days of sentence credit to any committed person who earned a
8bachelor's degree while he or she was held in pre-trial
9detention prior to the current commitment to the Department of
10Corrections.
11    Except as provided in paragraph (4.7) of this subsection
12(a), the rules and regulations shall provide that an
13additional 180 days of sentence credit shall be awarded to any
14prisoner who obtains a master's or professional degree while
15the prisoner is committed to the Department of Corrections.
16The sentence credit awarded under this paragraph (4.1) shall
17be in addition to, and shall not affect, the award of sentence
18credit under any other paragraph of this Section, but shall
19also be under the guidelines and restrictions set forth in
20paragraph (4) of this subsection (a). The sentence credit
21provided for in this paragraph shall be available only to
22those prisoners who have not previously earned a master's or
23professional degree prior to the current commitment to the
24Department of Corrections. If, after an award of the master's
25or professional degree sentence credit has been made, the
26Department determines that the prisoner was not eligible, then

 

 

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1the award shall be revoked. The Department may also award 180
2days of sentence credit to any committed person who earned a
3master's or professional degree while he or she was held in
4pre-trial detention prior to the current commitment to the
5Department of Corrections.
6    (4.2) The rules and regulations shall also provide that
7any prisoner engaged in self-improvement programs, volunteer
8work, or work assignments that are not otherwise eligible
9activities under paragraph (4), shall receive up to 0.5 days
10of sentence credit for each day in which the prisoner is
11engaged in activities described in this paragraph.
12    (4.5) The rules and regulations on sentence credit shall
13also provide that when the court's sentencing order recommends
14a prisoner for substance abuse treatment and the crime was
15committed on or after September 1, 2003 (the effective date of
16Public Act 93-354), the prisoner shall receive no sentence
17credit awarded under clause (3) of this subsection (a) unless
18he or she participates in and completes a substance abuse
19treatment program. The Director may waive the requirement to
20participate in or complete a substance abuse treatment program
21in specific instances if the prisoner is not a good candidate
22for a substance abuse treatment program for medical,
23programming, or operational reasons. Availability of substance
24abuse treatment shall be subject to the limits of fiscal
25resources appropriated by the General Assembly for these
26purposes. If treatment is not available and the requirement to

 

 

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1participate and complete the treatment has not been waived by
2the Director, the prisoner shall be placed on a waiting list
3under criteria established by the Department. The Director may
4allow a prisoner placed on a waiting list to participate in and
5complete a substance abuse education class or attend substance
6abuse self-help meetings in lieu of a substance abuse
7treatment program. A prisoner on a waiting list who is not
8placed in a substance abuse program prior to release may be
9eligible for a waiver and receive sentence credit under clause
10(3) of this subsection (a) at the discretion of the Director.
11    (4.6) The rules and regulations on sentence credit shall
12also provide that a prisoner who has been convicted of a sex
13offense as defined in Section 2 of the Sex Offender
14Registration Act shall receive no sentence credit unless he or
15she either has successfully completed or is participating in
16sex offender treatment as defined by the Sex Offender
17Management Board. However, prisoners who are waiting to
18receive treatment, but who are unable to do so due solely to
19the lack of resources on the part of the Department, may, at
20the Director's sole discretion, be awarded sentence credit at
21a rate as the Director shall determine.
22    (4.7) On or after January 1, 2018 (the effective date of
23Public Act 100-3), sentence credit under paragraph (3), (4),
24or (4.1) of this subsection (a) may be awarded to a prisoner
25who is serving a sentence for an offense described in
26paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

 

 

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1on or after January 1, 2018 (the effective date of Public Act
2100-3); provided, the award of the credits under this
3paragraph (4.7) shall not reduce the sentence of the prisoner
4to less than the following amounts:
5        (i) 85% of his or her sentence if the prisoner is
6    required to serve 85% of his or her sentence; or
7        (ii) 60% of his or her sentence if the prisoner is
8    required to serve 75% of his or her sentence, except if the
9    prisoner is serving a sentence for gunrunning his or her
10    sentence shall not be reduced to less than 75%.
11        (iii) 100% of his or her sentence if the prisoner is
12    required to serve 100% of his or her sentence.
13    (5) Whenever the Department is to release any inmate
14earlier than it otherwise would because of a grant of earned
15sentence credit under paragraph (3) of subsection (a) of this
16Section given at any time during the term, the Department
17shall give reasonable notice of the impending release not less
18than 14 days prior to the date of the release to the State's
19Attorney of the county where the prosecution of the inmate
20took place, and if applicable, the State's Attorney of the
21county into which the inmate will be released. The Department
22must also make identification information and a recent photo
23of the inmate being released accessible on the Internet by
24means of a hyperlink labeled "Community Notification of Inmate
25Early Release" on the Department's World Wide Web homepage.
26The identification information shall include the inmate's:

 

 

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1name, any known alias, date of birth, physical
2characteristics, commitment offense, and county where
3conviction was imposed. The identification information shall
4be placed on the website within 3 days of the inmate's release
5and the information may not be removed until either:
6completion of the first year of mandatory supervised release
7or return of the inmate to custody of the Department.
8    (b) Whenever a person is or has been committed under
9several convictions, with separate sentences, the sentences
10shall be construed under Section 5-8-4 in granting and
11forfeiting of sentence credit.
12    (c) (1) The Department shall prescribe rules and
13regulations for revoking sentence credit, including revoking
14sentence credit awarded under paragraph (3) of subsection (a)
15of this Section. The Department shall prescribe rules and
16regulations establishing and requiring the use of a sanctions
17matrix for revoking sentence credit. The Department shall
18prescribe rules and regulations for suspending or reducing the
19rate of accumulation of sentence credit for specific rule
20violations, during imprisonment. These rules and regulations
21shall provide that no inmate may be penalized more than one
22year of sentence credit for any one infraction.
23    (2) When the Department seeks to revoke, suspend, or
24reduce the rate of accumulation of any sentence credits for an
25alleged infraction of its rules, it shall bring charges
26therefor against the prisoner sought to be so deprived of

 

 

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1sentence credits before the Prisoner Review Board as provided
2in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
3amount of credit at issue exceeds 30 days, whether from one
4infraction or cumulatively from multiple infractions arising
5out of a single event, or when, during any 12-month period, the
6cumulative amount of credit revoked exceeds 30 days except
7where the infraction is committed or discovered within 60 days
8of scheduled release. In those cases, the Department of
9Corrections may revoke up to 30 days of sentence credit. The
10Board may subsequently approve the revocation of additional
11sentence credit, if the Department seeks to revoke sentence
12credit in excess of 30 days. However, the Board shall not be
13empowered to review the Department's decision with respect to
14the loss of 30 days of sentence credit within any calendar year
15for any prisoner or to increase any penalty beyond the length
16requested by the Department.
17    (3) The Director of the Department of Corrections, in
18appropriate cases, may restore sentence credits which have
19been revoked, suspended, or reduced. The Department shall
20prescribe rules and regulations governing the restoration of
21sentence credits. These rules and regulations shall provide
22for the automatic restoration of sentence credits following a
23period in which the prisoner maintains a record without a
24disciplinary violation.
25    Nothing contained in this Section shall prohibit the
26Prisoner Review Board from ordering, pursuant to Section

 

 

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13-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
2sentence imposed by the court that was not served due to the
3accumulation of sentence credit.
4    (d) If a lawsuit is filed by a prisoner in an Illinois or
5federal court against the State, the Department of
6Corrections, or the Prisoner Review Board, or against any of
7their officers or employees, and the court makes a specific
8finding that a pleading, motion, or other paper filed by the
9prisoner is frivolous, the Department of Corrections shall
10conduct a hearing to revoke up to 180 days of sentence credit
11by bringing charges against the prisoner sought to be deprived
12of the sentence credits before the Prisoner Review Board as
13provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
14If the prisoner has not accumulated 180 days of sentence
15credit at the time of the finding, then the Prisoner Review
16Board may revoke all sentence credit accumulated by the
17prisoner.
18    For purposes of this subsection (d):
19        (1) "Frivolous" means that a pleading, motion, or
20    other filing which purports to be a legal document filed
21    by a prisoner in his or her lawsuit meets any or all of the
22    following criteria:
23            (A) it lacks an arguable basis either in law or in
24        fact;
25            (B) it is being presented for any improper
26        purpose, such as to harass or to cause unnecessary

 

 

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1        delay or needless increase in the cost of litigation;
2            (C) the claims, defenses, and other legal
3        contentions therein are not warranted by existing law
4        or by a nonfrivolous argument for the extension,
5        modification, or reversal of existing law or the
6        establishment of new law;
7            (D) the allegations and other factual contentions
8        do not have evidentiary support or, if specifically so
9        identified, are not likely to have evidentiary support
10        after a reasonable opportunity for further
11        investigation or discovery; or
12            (E) the denials of factual contentions are not
13        warranted on the evidence, or if specifically so
14        identified, are not reasonably based on a lack of
15        information or belief.
16        (2) "Lawsuit" means a motion pursuant to Section 116-3
17    of the Code of Criminal Procedure of 1963, a habeas corpus
18    action under Article X of the Code of Civil Procedure or
19    under federal law (28 U.S.C. 2254), a petition for claim
20    under the Court of Claims Act, an action under the federal
21    Civil Rights Act (42 U.S.C. 1983), or a second or
22    subsequent petition for post-conviction relief under
23    Article 122 of the Code of Criminal Procedure of 1963
24    whether filed with or without leave of court or a second or
25    subsequent petition for relief from judgment under Section
26    2-1401 of the Code of Civil Procedure.

 

 

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1    (e) Nothing in Public Act 90-592 or 90-593 affects the
2validity of Public Act 89-404.
3    (f) Whenever the Department is to release any inmate who
4has been convicted of a violation of an order of protection
5under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
6the Criminal Code of 2012, earlier than it otherwise would
7because of a grant of sentence credit, the Department, as a
8condition of release, shall require that the person, upon
9release, be placed under electronic surveillance as provided
10in Section 5-8A-7 of this Code.
11(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
12102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
 
13    (730 ILCS 5/5-4.5-95 rep.)
14    Section 35. The Unified Code of Corrections is amended by
15repealing Section 5-4.5-95.
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.