093_HB2498eng

 
HB2498 Engrossed                     LRB093 03442 RLC 03468 b

 1        AN ACT concerning criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The Unified Code of Corrections is amended
 5    by changing Sections 3-6-3 and 5-4-1 as follows:

 6        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 7        Sec. 3-6-3.  Rules and Regulations for Early Release.
 8             (a) (1)  The   Department   of   Corrections   shall
 9        prescribe rules and regulations for the early release  on
10        account  of  good  conduct  of  persons  committed to the
11        Department which  shall  be  subject  to  review  by  the
12        Prisoner Review Board.
13             (2)  The  rules  and  regulations  on  early release
14        shall provide, with respect to offenses committed  on  or
15        after June 19, 1998, the following:
16                  (i)  that  a  prisoner who is serving a term of
17             imprisonment for first  degree  murder  or  for  the
18             offense  of  terrorism shall receive no good conduct
19             credit and shall serve the entire  sentence  imposed
20             by the court;
21                  (ii)  that  a  prisoner  serving a sentence for
22             attempt to commit first degree murder,  solicitation
23             of   murder,   solicitation   of  murder  for  hire,
24             intentional homicide of an unborn  child,  predatory
25             criminal  sexual  assault  of  a  child,  aggravated
26             criminal  sexual  assault,  criminal sexual assault,
27             aggravated kidnapping,  aggravated  battery  with  a
28             firearm,  heinous  battery,  aggravated battery of a
29             senior citizen, or aggravated  battery  of  a  child
30             shall  receive no more than 4.5 days of good conduct
31             credit for each month of  his  or  her  sentence  of
 
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 1             imprisonment; and
 2                  (iii)  that  a  prisoner serving a sentence for
 3             home invasion, armed robbery,  aggravated  vehicular
 4             hijacking,  aggravated  discharge  of  a firearm, or
 5             armed violence with a category I weapon or  category
 6             II  weapon,  when  the  court has made and entered a
 7             finding, pursuant to  subsection  (c-1)  of  Section
 8             5-4-1  of  this  Code,  that  the conduct leading to
 9             conviction for the enumerated  offense  resulted  in
10             great bodily harm to a victim, shall receive no more
11             than  4.5 days of good conduct credit for each month
12             of his or her sentence of imprisonment.
13             (2.1)  For all offenses, other than those enumerated
14        in subdivision (a)(2) committed  on  or  after  June  19,
15        1998,  and other than the offense of reckless homicide as
16        defined in subsection (e) of Section 9-3 of the  Criminal
17        Code  of  1961 committed on or after January 1, 1999, the
18        rules and regulations shall provide that a  prisoner  who
19        is  serving  a term of imprisonment shall receive one day
20        of good conduct  credit  for  each  day  of  his  or  her
21        sentence  of  imprisonment  or recommitment under Section
22        3-3-9. Each day of good conduct credit  shall  reduce  by
23        one   day   the  prisoner's  period  of  imprisonment  or
24        recommitment under Section 3-3-9.
25             (2.2)  A prisoner serving a  term  of  natural  life
26        imprisonment  or  a  prisoner  who  has been sentenced to
27        death shall receive no good conduct credit.
28             (2.3)  The rules and regulations  on  early  release
29        shall  provide  that a prisoner who is serving a sentence
30        for reckless homicide as defined  in  subsection  (e)  of
31        Section  9-3 of the Criminal Code of 1961 committed on or
32        after January 1, 1999 shall receive no more than 4.5 days
33        of good conduct credit for  each  month  of  his  or  her
34        sentence of imprisonment.
 
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 1             (2.4)  The  rules  and  regulations on early release
 2        shall provide with respect to the offenses of  aggravated
 3        battery with a machine gun or a firearm equipped with any
 4        device  or  attachment designed or used for silencing the
 5        report of a firearm or aggravated discharge of a  machine
 6        gun  or  a firearm equipped with any device or attachment
 7        designed or used for silencing the report of  a  firearm,
 8        committed   on  or  after  the  effective  date  of  this
 9        amendatory  Act  of  1999,  that  a  prisoner  serving  a
10        sentence for any of these offenses shall receive no  more
11        than  4.5  days  of good conduct credit for each month of
12        his or her sentence of imprisonment.
13             (2.5)  The rules and regulations  on  early  release
14        shall  provide  that a prisoner who is serving a sentence
15        for aggravated arson committed on or after the  effective
16        date  of this amendatory Act of the 93rd General Assembly
17        shall receive no more  than  4.5  days  of  good  conduct
18        credit   for  each  month  of  his  or  her  sentence  of
19        imprisonment.
20             (3)  The rules and regulations  shall  also  provide
21        that  the  Director  may  award up to 180 days additional
22        good conduct credit for meritorious service  in  specific
23        instances  as  the  Director deems proper; except that no
24        more than 90 days of good conduct credit for  meritorious
25        service shall be awarded to any prisoner who is serving a
26        sentence  for conviction of first degree murder, reckless
27        homicide while under the  influence  of  alcohol  or  any
28        other  drug, aggravated kidnapping, kidnapping, predatory
29        criminal sexual assault of a child,  aggravated  criminal
30        sexual  assault,  criminal sexual assault, deviate sexual
31        assault, aggravated  criminal  sexual  abuse,  aggravated
32        indecent  liberties with a child, indecent liberties with
33        a child, child pornography, heinous  battery,  aggravated
34        battery  of a spouse, aggravated battery of a spouse with
 
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 1        a  firearm,  stalking,  aggravated  stalking,  aggravated
 2        battery of a child, endangering the life or health  of  a
 3        child,  cruelty  to  a  child,  or narcotic racketeering.
 4        Notwithstanding the foregoing, good  conduct  credit  for
 5        meritorious service shall not be awarded on a sentence of
 6        imprisonment  imposed  for  conviction of: (i) one of the
 7        offenses  enumerated  in  subdivision  (a)(2)  when   the
 8        offense  is  committed  on  or  after June 19, 1998, (ii)
 9        reckless homicide as defined in subsection (e) of Section
10        9-3 of the Criminal Code of  1961  when  the  offense  is
11        committed  on  or after January 1, 1999, (iii) one of the
12        offenses enumerated  in  subdivision  (a)(2.4)  when  the
13        offense  is  committed  on or after the effective date of
14        this amendatory Act of 1999,  or  (iv)  aggravated  arson
15        when  the  offense is committed on or after the effective
16        date of this amendatory Act of the 93rd General Assembly.
17             (4)  The rules and regulations  shall  also  provide
18        that  the  good  conduct  credit accumulated and retained
19        under paragraph (2.1) of subsection (a) of  this  Section
20        by  any  inmate  during specific periods of time in which
21        such inmate  is  engaged  full-time  in  substance  abuse
22        programs,    correctional    industry   assignments,   or
23        educational programs provided  by  the  Department  under
24        this  paragraph  (4)  and  satisfactorily  completes  the
25        assigned  program  as  determined by the standards of the
26        Department, shall be multiplied by a factor of  1.25  for
27        program participation before August 11, 1993 and 1.50 for
28        program  participation on or after that date. However, no
29        inmate shall be eligible for the additional good  conduct
30        credit  under this paragraph (4) while assigned to a boot
31        camp, mental health unit, or electronic detention, or  if
32        convicted of an offense enumerated in paragraph (a)(2) of
33        this Section that is committed on or after June 19, 1998,
34        or  if  convicted  of  reckless  homicide  as  defined in
 
HB2498 Engrossed            -5-      LRB093 03442 RLC 03468 b
 1        subsection (e) of Section 9-3 of  the  Criminal  Code  of
 2        1961  if  the offense is committed on or after January 1,
 3        1999,  or  if  convicted  of  an  offense  enumerated  in
 4        paragraph (a)(2.4) of this Section that is  committed  on
 5        or  after  the  effective  date of this amendatory Act of
 6        1999, or first degree murder, a Class X felony,  criminal
 7        sexual  assault, felony criminal sexual abuse, aggravated
 8        criminal sexual abuse, aggravated battery with a firearm,
 9        or any predecessor or successor offenses with the same or
10        substantially the same elements, or any inchoate offenses
11        relating to the foregoing offenses.  No inmate  shall  be
12        eligible  for  the  additional  good conduct credit under
13        this  paragraph  (4)  who  (i)  has  previously  received
14        increased good conduct credit under  this  paragraph  (4)
15        and  has subsequently been convicted of a felony, or (ii)
16        has previously served more than  one  prior  sentence  of
17        imprisonment  for  a  felony  in  an  adult  correctional
18        facility.
19             Educational,   vocational,   substance   abuse   and
20        correctional  industry  programs under which good conduct
21        credit may be increased under this paragraph (4) shall be
22        evaluated by the Department on the  basis  of  documented
23        standards.   The  Department  shall report the results of
24        these  evaluations  to  the  Governor  and  the   General
25        Assembly  by  September  30th  of each year.  The reports
26        shall include data relating to the recidivism rate  among
27        program participants.
28             Availability  of  these programs shall be subject to
29        the  limits  of  fiscal  resources  appropriated  by  the
30        General Assembly for these  purposes.   Eligible  inmates
31        who  are  denied immediate admission shall be placed on a
32        waiting  list   under   criteria   established   by   the
33        Department. The inability of any inmate to become engaged
34        in  any  such  programs by reason of insufficient program
 
HB2498 Engrossed            -6-      LRB093 03442 RLC 03468 b
 1        resources or for any other reason established  under  the
 2        rules  and  regulations  of  the  Department shall not be
 3        deemed a cause of action under which  the  Department  or
 4        any  employee  or agent of the Department shall be liable
 5        for damages to the inmate.
 6             (4.5)  The rules and regulations  on  early  release
 7        shall  also  provide  that  a  prisoner  who is serving a
 8        sentence for a crime committed as a result of the use of,
 9        abuse  of,  or  addiction  to  alcohol  or  a  controlled
10        substance and committed on or after the effective date of
11        this Amendatory Act of the 93rd  General  Assembly  shall
12        receive   no   good   conduct  credit  until  he  or  she
13        participates in and completes a substance abuse treatment
14        program. Good conduct credit awarded under  clauses  (2),
15        (3),  and (4) of this subsection (a) for crimes committed
16        on or after the effective date of this Amendatory Act  of
17        the 93rd General Assembly is subject to the provisions of
18        this  clause (4.5). If the prisoner completes a substance
19        abuse treatment program, the Department  may  award  good
20        conduct   credit   for   the  time  spent  in  treatment.
21        Availability  of  substance  abuse  treatment  shall   be
22        subject to the limits of fiscal resources appropriated by
23        the  General Assembly for these purposes. If treatment is
24        not available, the prisoner shall be placed on a  waiting
25        list  under  criteria  established by the Department. The
26        Department may require a prisoner  placed  on  a  waiting
27        list  to  attend  a  substance  abuse  education class or
28        attend substance abuse self-help meetings. A prisoner may
29        not lose good conduct credit as a result of being  placed
30        on  a  waiting  list. A prisoner placed on a waiting list
31        remains eligible for increased good  conduct  credit  for
32        participation   in   an   educational,   vocational,   or
33        correctional   industry   program  under  clause  (4)  of
34        subsection (a) of this Section.
 
HB2498 Engrossed            -7-      LRB093 03442 RLC 03468 b
 1             (5)  Whenever  the  Department  is  to  release  any
 2        inmate earlier than it otherwise would because of a grant
 3        of good conduct credit for meritorious service  given  at
 4        any  time  during  the  term,  the  Department shall give
 5        reasonable advance notice of the impending release to the
 6        State's Attorney of the county where the  prosecution  of
 7        the inmate took place.
 8        (b)  Whenever  a  person  is  or has been committed under
 9    several convictions, with separate sentences,  the  sentences
10    shall  be  construed  under  Section  5-8-4  in  granting and
11    forfeiting of good time.
12        (c)  The Department shall prescribe rules and regulations
13    for revoking good conduct credit, or suspending  or  reducing
14    the  rate of accumulation of good conduct credit for specific
15    rule  violations,  during  imprisonment.   These  rules   and
16    regulations  shall  provide  that  no inmate may be penalized
17    more than one  year  of  good  conduct  credit  for  any  one
18    infraction.
19        When  the  Department  seeks to revoke, suspend or reduce
20    the rate of accumulation of any good conduct credits  for  an
21    alleged  infraction  of  its  rules,  it  shall bring charges
22    therefor against the prisoner sought to  be  so  deprived  of
23    good  conduct  credits  before  the  Prisoner Review Board as
24    provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
25    Code,  if  the  amount  of credit at issue exceeds 30 days or
26    when during any 12 month period,  the  cumulative  amount  of
27    credit revoked exceeds 30 days except where the infraction is
28    committed  or discovered within 60 days of scheduled release.
29    In those cases, the Department of Corrections may  revoke  up
30    to 30 days of good conduct credit. The Board may subsequently
31    approve  the revocation of additional good conduct credit, if
32    the Department seeks to revoke good conduct credit in  excess
33    of  30  days.   However,  the Board shall not be empowered to
34    review the Department's decision with respect to the loss  of
 
HB2498 Engrossed            -8-      LRB093 03442 RLC 03468 b
 1    30  days  of good conduct credit within any calendar year for
 2    any prisoner or to increase any  penalty  beyond  the  length
 3    requested by the Department.
 4        The   Director  of  the  Department  of  Corrections,  in
 5    appropriate cases, may restore up to  30  days  good  conduct
 6    credits  which  have  been revoked, suspended or reduced. Any
 7    restoration of good conduct credits  in  excess  of  30  days
 8    shall  be  subject  to  review  by the Prisoner Review Board.
 9    However, the Board may not restore  good  conduct  credit  in
10    excess of the amount requested by the Director.
11        Nothing  contained  in  this  Section  shall prohibit the
12    Prisoner Review Board  from  ordering,  pursuant  to  Section
13    3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
14    the sentence imposed by the court that was not served due  to
15    the accumulation of good conduct credit.
16        (d)  If  a  lawsuit is filed by a prisoner in an Illinois
17    or  federal  court  against  the  State,  the  Department  of
18    Corrections, or the Prisoner Review Board, or against any  of
19    their  officers  or employees, and the court makes a specific
20    finding that a pleading, motion, or other paper filed by  the
21    prisoner  is  frivolous,  the Department of Corrections shall
22    conduct a hearing to revoke up to 180 days  of  good  conduct
23    credit  by bringing charges against the prisoner sought to be
24    deprived of the good  conduct  credits  before  the  Prisoner
25    Review  Board  as  provided in subparagraph (a)(8) of Section
26    3-3-2 of this Code. If the prisoner has not  accumulated  180
27    days  of good conduct credit at the time of the finding, then
28    the Prisoner Review Board may revoke all good conduct  credit
29    accumulated by the prisoner.
30        For purposes of this subsection (d):
31             (1)  "Frivolous"  means  that a pleading, motion, or
32        other filing which purports to be a legal document  filed
33        by  a  prisoner in his or her lawsuit meets any or all of
34        the following criteria:
 
HB2498 Engrossed            -9-      LRB093 03442 RLC 03468 b
 1                  (A)  it lacks an arguable basis either  in  law
 2             or in fact;
 3                  (B)  it  is  being  presented  for any improper
 4             purpose, such as to harass or to  cause  unnecessary
 5             delay   or   needless   increase   in  the  cost  of
 6             litigation;
 7                  (C)  the  claims,  defenses,  and  other  legal
 8             contentions therein are not  warranted  by  existing
 9             law or by a nonfrivolous argument for the extension,
10             modification,  or  reversal  of  existing law or the
11             establishment of new law;
12                  (D)  the   allegations   and   other    factual
13             contentions  do  not have evidentiary support or, if
14             specifically so identified, are not likely  to  have
15             evidentiary  support  after a reasonable opportunity
16             for further investigation or discovery; or
17                  (E)  the denials of factual contentions are not
18             warranted on the evidence,  or  if  specifically  so
19             identified,  are  not  reasonably based on a lack of
20             information or belief.
21             (2)  "Lawsuit" means a petition for  post-conviction
22        relief   under  Article  122  of  the  Code  of  Criminal
23        Procedure of 1963, a motion pursuant to Section 116-3  of
24        the  Code  of Criminal Procedure of 1963, a habeas corpus
25        action under Article X of the Code of Civil Procedure  or
26        under  federal law (28 U.S.C. 2254), a petition for claim
27        under the Court of Claims Act  or  an  action  under  the
28        federal Civil Rights Act (42 U.S.C. 1983).
29        (e)  Nothing  in  this amendatory Act of 1998 affects the
30    validity of Public Act 89-404.
31    (Source: P.A. 91-121, eff.  7-15-99;  91-357,  eff.  7-29-99;
32    92-176, eff. 7-27-01; 92-854, eff. 12-5-02.)

33        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
 
HB2498 Engrossed            -10-     LRB093 03442 RLC 03468 b
 1        Sec. 5-4-1.  Sentencing Hearing.
 2        (a)  Except  when  the  death  penalty  is  sought  under
 3    hearing procedures otherwise specified, after a determination
 4    of  guilt,  a  hearing  shall be held to impose the sentence.
 5    However, prior to the imposition of sentence on an individual
 6    being sentenced for an offense based  upon  a  charge  for  a
 7    violation of Section 11-501 of the Illinois Vehicle Code or a
 8    similar  provision  of a local ordinance, the individual must
 9    undergo a professional evaluation to determine if an  alcohol
10    or  other  drug abuse problem exists and the extent of such a
11    problem.  Programs  conducting  these  evaluations  shall  be
12    licensed  by  the  Department of Human Services.  However, if
13    the individual is not a resident of Illinois, the court  may,
14    in its discretion, accept an evaluation from a program in the
15    state  of  such  individual's residence. The court may in its
16    sentencing order approve an eligible defendant for  placement
17    in  a  Department of Corrections impact incarceration program
18    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
19    the court shall:
20             (1)  consider  the  evidence,  if any, received upon
21        the trial;
22             (2)  consider any presentence reports;
23             (3)  consider the financial impact of  incarceration
24        based  on  the  financial impact statement filed with the
25        clerk of the court by the Department of Corrections;
26             (4)  consider evidence and  information  offered  by
27        the parties in aggravation and mitigation;
28             (5)  hear arguments as to sentencing alternatives;
29             (6)  afford  the defendant the opportunity to make a
30        statement in his own behalf;
31             (7)  afford the victim  of  a  violent  crime  or  a
32        violation of Section 11-501 of the Illinois Vehicle Code,
33        or  a  similar  provision  of  a  local  ordinance,  or a
34        qualified individual affected by a violation  of  Section
 
HB2498 Engrossed            -11-     LRB093 03442 RLC 03468 b
 1        405,  405.1,  405.2,  or  407  of the Illinois Controlled
 2        Substances  Act,   committed   by   the   defendant   the
 3        opportunity  to make a statement concerning the impact on
 4        the victim  and  to  offer  evidence  in  aggravation  or
 5        mitigation;  provided  that  the  statement  and evidence
 6        offered  in  aggravation  or  mitigation  must  first  be
 7        prepared in  writing  in  conjunction  with  the  State's
 8        Attorney  before  it  may  be  presented  orally  at  the
 9        hearing.  Any  sworn  testimony  offered by the victim is
10        subject to the defendant's right  to  cross-examine.  All
11        statements  and evidence offered under this paragraph (7)
12        shall become part of the record of the  court.   For  the
13        purpose  of  this  paragraph  (7), "qualified individual"
14        means any person who  (i)  lived  or  worked  within  the
15        territorial  jurisdiction  where  the  offense took place
16        when the offense took place; and (ii)  is  familiar  with
17        various public places within the territorial jurisdiction
18        where the offense took place when the offense took place.
19        For  the  purposes  of  this  paragraph  (7),  "qualified
20        individual"  includes any peace officer, or any member of
21        any duly organized State, county, or municipal peace unit
22        assigned  to  the  territorial  jurisdiction  where   the
23        offense took place when the offense took place; and
24             (8)  in   cases  of  reckless  homicide  afford  the
25        victim's spouse, guardians, parents  or  other  immediate
26        family members an opportunity to make oral statements.
27        (b)  All  sentences  shall  be imposed by the judge based
28    upon his independent assessment  of  the  elements  specified
29    above  and  any  agreement  as  to  sentence  reached  by the
30    parties.  The judge who presided at the trial  or  the  judge
31    who  accepted  the  plea  of guilty shall impose the sentence
32    unless he is no longer sitting as  a  judge  in  that  court.
33    Where  the judge does not impose sentence at the same time on
34    all defendants  who  are  convicted  as  a  result  of  being
 
HB2498 Engrossed            -12-     LRB093 03442 RLC 03468 b
 1    involved  in  the  same offense, the defendant or the State's
 2    Attorney may advise the sentencing court of  the  disposition
 3    of any other defendants who have been sentenced.
 4        (c)  In imposing a sentence for a violent crime or for an
 5    offense  of  operating  or  being  in  physical  control of a
 6    vehicle while under the influence of alcohol, any other  drug
 7    or any combination thereof, or a similar provision of a local
 8    ordinance,  when such offense resulted in the personal injury
 9    to someone other than the defendant, the  trial  judge  shall
10    specify  on  the record the particular evidence, information,
11    factors in mitigation and aggravation or other  reasons  that
12    led to his sentencing determination. The full verbatim record
13    of  the  sentencing  hearing shall be filed with the clerk of
14    the court and shall be a public record.
15        (c-1)  In  imposing  a  sentence  for  the   offense   of
16    aggravated   kidnapping  for  ransom,  home  invasion,  armed
17    robbery, aggravated vehicular hijacking, aggravated discharge
18    of a firearm, or armed violence with a category I  weapon  or
19    category  II  weapon, the trial judge shall make a finding as
20    to whether the conduct leading to conviction for the  offense
21    resulted  in  great  bodily harm to a victim, and shall enter
22    that finding and the basis for that finding in the record.
23        (c-2)  If the defendant is  sentenced  to  prison,  other
24    than  when  a  sentence  of  natural  life  imprisonment or a
25    sentence of death is imposed, at the  time  the  sentence  is
26    imposed the judge shall state on the record in open court the
27    approximate  period  of  time  the  defendant  will  serve in
28    custody according to the then  current  statutory  rules  and
29    regulations  for  early  release  found  in Section 3-6-3 and
30    other related provisions of this  Code.   This  statement  is
31    intended  solely to inform the public, has no legal effect on
32    the defendant's actual release, and may not be relied  on  by
33    the defendant on appeal.
34        The  judge's statement, to be given after pronouncing the
 
HB2498 Engrossed            -13-     LRB093 03442 RLC 03468 b
 1    sentence, other than when the sentence is imposed for one  of
 2    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
 3    shall include the following:
 4        "The purpose of this statement is to inform the public of
 5    the  actual  period of time this defendant is likely to spend
 6    in prison as a result of this sentence.  The actual period of
 7    prison time served is determined by the statutes of  Illinois
 8    as  applied  to  this  sentence by the Illinois Department of
 9    Corrections and the Illinois Prisoner Review Board.  In  this
10    case,  assuming the defendant receives all of his or her good
11    conduct credit, the period of estimated actual custody is ...
12    years and ... months, less up to  180  days  additional  good
13    conduct  credit  for  meritorious service.  If the defendant,
14    because of his or her own misconduct  or  failure  to  comply
15    with  the  institutional  regulations, does not receive those
16    credits, the actual time served in  prison  will  be  longer.
17    The  defendant  may  also  receive an additional one-half day
18    good  conduct  credit  for  each  day  of  participation   in
19    vocational,   industry,   substance  abuse,  and  educational
20    programs as provided for by Illinois statute."
21        When the sentence is imposed  for  one  of  the  offenses
22    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
23    when  the  sentence  is  imposed  for  one  of  the  offenses
24    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
25    or  after  June 19, 1998, and other than when the sentence is
26    imposed for reckless homicide as defined in subsection (e) of
27    Section 9-3 of the Criminal Code of 1961 if the  offense  was
28    committed  on  or  after January 1, 1999, and other than when
29    the sentence is imposed for aggravated arson if  the  offense
30    was  committed  on  or  after  the  effective  date  of  this
31    amendatory  Act  of  the  93rd  General Assembly, the judge's
32    statement, to be given after pronouncing the sentence,  shall
33    include the following:
34        "The purpose of this statement is to inform the public of
 
HB2498 Engrossed            -14-     LRB093 03442 RLC 03468 b
 1    the  actual  period of time this defendant is likely to spend
 2    in prison as a result of this sentence.  The actual period of
 3    prison time served is determined by the statutes of  Illinois
 4    as  applied  to  this  sentence by the Illinois Department of
 5    Corrections and the Illinois Prisoner Review Board.  In  this
 6    case,  assuming the defendant receives all of his or her good
 7    conduct credit, the period of estimated actual custody is ...
 8    years and ... months, less up  to  90  days  additional  good
 9    conduct  credit  for  meritorious service.  If the defendant,
10    because of his or her own misconduct  or  failure  to  comply
11    with  the  institutional  regulations, does not receive those
12    credits, the actual time served in  prison  will  be  longer.
13    The  defendant  may  also  receive an additional one-half day
14    good  conduct  credit  for  each  day  of  participation   in
15    vocational,   industry,   substance  abuse,  and  educational
16    programs as provided for by Illinois statute."
17        When the sentence is imposed  for  one  of  the  offenses
18    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
19    first degree murder, and the  offense  was  committed  on  or
20    after  June  19,  1998,  and when the sentence is imposed for
21    reckless homicide as defined in subsection (e) of Section 9-3
22    of the Criminal Code of 1961 if the offense was committed  on
23    or  after  January  1, 1999, and when the sentence is imposed
24    for aggravated arson if the offense was committed on or after
25    the effective date of this Amendatory Act of the 93rd General
26    Assembly,  the  judge's  statement,   to   be   given   after
27    pronouncing the sentence, shall include the following:
28        "The purpose of this statement is to inform the public of
29    the  actual  period of time this defendant is likely to spend
30    in prison as a result of this sentence.  The actual period of
31    prison time served is determined by the statutes of  Illinois
32    as  applied  to  this  sentence by the Illinois Department of
33    Corrections and the Illinois Prisoner Review Board.  In  this
34    case, the defendant is entitled to no more than 4 1/2 days of
 
HB2498 Engrossed            -15-     LRB093 03442 RLC 03468 b
 1    good  conduct credit for each month of his or her sentence of
 2    imprisonment.  Therefore, this defendant will serve at  least
 3    85%  of his or her sentence.  Assuming the defendant receives
 4    4 1/2 days credit for each month of his or her sentence,  the
 5    period  of  estimated  actual  custody  is  ... years and ...
 6    months.   If  the  defendant,  because  of  his  or  her  own
 7    misconduct  or  failure  to  comply  with  the  institutional
 8    regulations receives lesser credit, the actual time served in
 9    prison will be longer."
10        When a sentence of  imprisonment  is  imposed  for  first
11    degree  murder and the offense was committed on or after June
12    19,  1998,  the  judge's  statement,  to   be   given   after
13    pronouncing the sentence, shall include the following:
14        "The purpose of this statement is to inform the public of
15    the  actual  period of time this defendant is likely to spend
16    in prison as a result of this sentence.  The actual period of
17    prison time served is determined by the statutes of  Illinois
18    as  applied  to  this  sentence by the Illinois Department of
19    Corrections and the Illinois Prisoner Review Board.  In  this
20    case,  the  defendant is not entitled to good conduct credit.
21    Therefore, this defendant will  serve  100%  of  his  or  her
22    sentence."
23        When the sentence is imposed for any offense that results
24    in  incarceration  in  a  Department  of Corrections facility
25    committed as a result of the use of, abuse of,  or  addiction
26    to  alcohol  or  a  controlled  substance and committed on or
27    after the effective date of this amendatory Act of  the  93rd
28    General  Assembly,  the judge's statement, in addition to any
29    other judge's statement required under this  Section,  to  be
30    given  after  pronouncing  the  sentence,  shall  include the
31    following:
32        "The purpose of this statement is to inform the public of
33    the actual period of time this defendant is likely  to  spend
34    in  prison as a result of this sentence. The actual period of
 
HB2498 Engrossed            -16-     LRB093 03442 RLC 03468 b
 1    prison time served is determined by the statutes of  Illinois
 2    as  applied  to  this  sentence by the Illinois Department of
 3    Corrections and the Illinois Prisoner Review Board.  In  this
 4    case,  the  defendant  shall  receive  no good conduct credit
 5    until he or she participates in  and  completes  a  substance
 6    abuse treatment program."
 7        (d)  When the defendant is committed to the Department of
 8    Corrections,  the  State's Attorney shall and counsel for the
 9    defendant may file a statement with the clerk of the court to
10    be transmitted to the department, agency  or  institution  to
11    which  the defendant is committed to furnish such department,
12    agency or institution with the facts and circumstances of the
13    offense for which the person was committed together with  all
14    other factual information accessible to them in regard to the
15    person  prior  to  his  commitment  relative  to  his habits,
16    associates, disposition and reputation and  any  other  facts
17    and  circumstances  which  may aid such department, agency or
18    institution during its custody of  such  person.   The  clerk
19    shall  within  10  days  after  receiving any such statements
20    transmit a copy to such department, agency or institution and
21    a copy to the other party, provided, however, that this shall
22    not be cause  for  delay  in  conveying  the  person  to  the
23    department,  agency  or  institution  to  which  he  has been
24    committed.
25        (e)  The  clerk  of  the  court  shall  transmit  to  the
26    department, agency or  institution,  if  any,  to  which  the
27    defendant is committed, the following:
28             (1)  the sentence imposed;
29             (2)  any  statement  by  the  court of the basis for
30        imposing the sentence;
31             (3)  any presentence reports;
32             (4)  the number of days, if any, which the defendant
33        has been in custody and  for  which  he  is  entitled  to
34        credit  against  the sentence, which information shall be
 
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 1        provided to the clerk by the sheriff;
 2             (4.1)  any finding of great bodily harm made by  the
 3        court with respect to an offense enumerated in subsection
 4        (c-1);
 5             (5)  all  statements  filed  under subsection (d) of
 6        this Section;
 7             (6)  any  medical  or  mental  health   records   or
 8        summaries of the defendant;
 9             (7)  the   municipality  where  the  arrest  of  the
10        offender or the commission of the offense  has  occurred,
11        where  such  municipality  has  a population of more than
12        25,000 persons;
13             (8)  all statements made and evidence offered  under
14        paragraph (7) of subsection (a) of this Section; and
15             (9)  all  additional matters which the court directs
16        the clerk to transmit.
17    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
18    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

19        Section  99.   Effective  date.   This  Act  takes effect
20    September 1, 2003.