093_HB3387

 
                                     LRB093 07217 RLC 12032 b

 1        AN ACT in relation to criminal law.

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

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

 6        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 7        Sec. 5-5-3.  Disposition.
 8        (a)  Every  person  convicted  of  an  offense  shall  be
 9    sentenced as provided in this Section.
10        (b)  The   following   options   shall   be   appropriate
11    dispositions,  alone  or in combination, for all felonies and
12    misdemeanors other than those identified in subsection (c) of
13    this Section:
14             (1)  A period of probation.
15             (2)  A term of periodic imprisonment.
16             (3)  A term of conditional discharge.
17             (4)  A term of imprisonment.
18             (5)  An order directing the offender to clean up and
19        repair the damage, if the offender  was  convicted  under
20        paragraph  (h)  of  Section  21-1 of the Criminal Code of
21        1961.
22             (6)  A fine.
23             (7)  An  order  directing  the  offender   to   make
24        restitution  to  the  victim  under Section 5-5-6 of this
25        Code.
26             (8)  A sentence of participation in a county  impact
27        incarceration program under Section 5-8-1.2 of this Code.
28        Whenever  an individual is sentenced for an offense based
29    upon an arrest for a  violation  of  Section  11-501  of  the
30    Illinois  Vehicle  Code,  or  a  similar provision of a local
31    ordinance,  and  the   professional   evaluation   recommends
 
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 1    remedial  or  rehabilitative  treatment or education, neither
 2    the treatment nor the education shall be the sole disposition
 3    and either or both may be imposed only  in  conjunction  with
 4    another  disposition. The court shall monitor compliance with
 5    any remedial education or treatment recommendations contained
 6    in the professional evaluation.  Programs conducting  alcohol
 7    or  other  drug  evaluation  or  remedial  education  must be
 8    licensed by the Department of Human  Services.   However,  if
 9    the  individual  is not a resident of Illinois, the court may
10    accept an  alcohol  or  other  drug  evaluation  or  remedial
11    education   program   in   the  state  of  such  individual's
12    residence.  Programs providing  treatment  must  be  licensed
13    under  existing  applicable  alcoholism  and  drug  treatment
14    licensure standards.
15        In addition to any other fine or penalty required by law,
16    any  individual convicted of a violation of Section 11-501 of
17    the Illinois Vehicle Code or a  similar  provision  of  local
18    ordinance,  whose  operation  of  a  motor  vehicle  while in
19    violation of Section 11-501  or  such  ordinance  proximately
20    caused  an  incident  resulting  in  an appropriate emergency
21    response, shall be required to make restitution to  a  public
22    agency  for  the  costs  of  that  emergency  response.  Such
23    restitution shall not exceed $500 per public agency for  each
24    such  emergency response.  For the purpose of this paragraph,
25    emergency  response  shall  mean  any  incident  requiring  a
26    response by: a police officer as defined under Section  1-162
27    of  the Illinois Vehicle Code; a fireman carried on the rolls
28    of a regularly constituted fire department; and an  ambulance
29    as  defined  under  Section  4.05  of  the  Emergency Medical
30    Services (EMS) Systems Act.
31        Neither  a  fine  nor  restitution  shall  be  the   sole
32    disposition  for  a  felony and either or both may be imposed
33    only in conjunction with another disposition.
34        (c) (1)  When a defendant is found guilty of first degree
 
                            -3-      LRB093 07217 RLC 12032 b
 1        murder  the  State  may  either  seek   a   sentence   of
 2        imprisonment  under  Section 5-8-1 of this Code, or where
 3        appropriate seek a sentence of death under Section 9-1 of
 4        the Criminal Code of 1961.
 5             (2)  A period  of  probation,  a  term  of  periodic
 6        imprisonment   or  conditional  discharge  shall  not  be
 7        imposed for  the  following  offenses.  The  court  shall
 8        sentence  the  offender to not less than the minimum term
 9        of imprisonment set forth in this Code for the  following
10        offenses,  and may order a fine or restitution or both in
11        conjunction with such term of imprisonment:
12                  (A)  First  degree  murder  where   the   death
13             penalty is not imposed.
14                  (B)  Attempted first degree murder.
15                  (C)  A Class X felony.
16                  (D)  A violation of Section 401.1 or 407 of the
17             Illinois  Controlled  Substances Act, or a violation
18             of subdivision (c)(1) or (c)(2) of  Section  401  of
19             that  Act  which  relates  to more than 5 grams of a
20             substance containing heroin or cocaine or an  analog
21             thereof.
22                  (E)  A  violation  of  Section  5.1 or 9 of the
23             Cannabis Control Act.
24                  (F)  A  Class  2  or  greater  felony  if   the
25             offender  had been convicted of a Class 2 or greater
26             felony within 10 years of  the  date  on  which  the
27             offender  committed  the offense for which he or she
28             is being sentenced, except as otherwise provided  in
29             Section 40-10 of the Alcoholism and Other Drug Abuse
30             and Dependency Act.
31                  (G)  Residential  burglary, except as otherwise
32             provided in Section  40-10  of  the  Alcoholism  and
33             Other Drug Abuse and Dependency Act.
34                  (H)  Criminal   sexual   assault,   except   as
 
                            -4-      LRB093 07217 RLC 12032 b
 1             otherwise   provided   in  subsection  (e)  of  this
 2             Section.
 3                  (I)  Aggravated battery of a senior citizen.
 4                  (J)  A  forcible  felony  if  the  offense  was
 5             related to the activities of an organized gang.
 6                  Before July 1, 1994, for the purposes  of  this
 7             paragraph,  "organized gang" means an association of
 8             5 or more persons, with  an  established  hierarchy,
 9             that   encourages  members  of  the  association  to
10             perpetrate crimes or provides support to the members
11             of the association who do commit crimes.
12                  Beginning July 1, 1994,  for  the  purposes  of
13             this  paragraph,  "organized  gang"  has the meaning
14             ascribed  to  it  in  Section  10  of  the  Illinois
15             Streetgang Terrorism Omnibus Prevention Act.
16                  (K)  Vehicular hijacking.
17                  (L)  A second or subsequent conviction for  the
18             offense  of  hate  crime when the underlying offense
19             upon  which  the  hate  crime  is  based  is  felony
20             aggravated assault or felony mob action.
21                  (M)  A second or subsequent conviction for  the
22             offense  of institutional vandalism if the damage to
23             the property exceeds $300.
24                  (N)  A Class 3 felony  violation  of  paragraph
25             (1)  of  subsection  (a) of Section 2 of the Firearm
26             Owners Identification Card Act.
27                  (O)  A  violation  of  Section  12-6.1  of  the
28             Criminal Code of 1961.
29                  (P)  A violation of paragraph  (1),  (2),  (3),
30             (4),  (5),  or  (7)  of  subsection  (a)  of Section
31             11-20.1 of the Criminal Code of 1961.
32                  (Q)  A  violation  of  Section  20-1.2  of  the
33             Criminal Code of 1961.
34                  (R)  A  violation  of  Section  24-3A  of   the
 
                            -5-      LRB093 07217 RLC 12032 b
 1             Criminal Code of 1961.
 2                  (S)  A  violation  of Section 11-501(c-1)(3) of
 3             the Illinois Vehicle Code.
 4                  (T)  A violation of Section 401 or Section  402
 5             of  the  Illinois  Controlled  Substances Act if the
 6             violation involves the  possession  with  intent  to
 7             manufacture  or  the possession or transportation of
 8             any   amount   of   an   immediate   precursor    of
 9             methamphetamine.
10             (3)  A minimum term of imprisonment of not less than
11        5  days  or  30  days  of  community  service  as  may be
12        determined by the court shall be  imposed  for  a  second
13        violation   committed   within  5  years  of  a  previous
14        violation of Section 11-501 of the Illinois Vehicle  Code
15        or  a similar provision of a local ordinance. In the case
16        of a third or subsequent  violation  committed  within  5
17        years  of  a  previous violation of Section 11-501 of the
18        Illinois Vehicle Code or a similar provision of  a  local
19        ordinance,   a   minimum   term  of  either  10  days  of
20        imprisonment or 60 days of  community  service  shall  be
21        imposed.
22             (4)  A minimum term of imprisonment of not less than
23        10 consecutive days or 30 days of community service shall
24        be  imposed  for  a violation of paragraph (c) of Section
25        6-303 of the Illinois Vehicle Code.
26             (4.1)  A minimum term  of  30  consecutive  days  of
27        imprisonment, 40 days of 24 hour periodic imprisonment or
28        720  hours  of community service, as may be determined by
29        the court, shall be imposed for a  violation  of  Section
30        11-501  of  the  Illinois Vehicle Code during a period in
31        which the defendant's driving privileges are  revoked  or
32        suspended,  where  the revocation or suspension was for a
33        violation of Section 11-501 or Section 11-501.1  of  that
34        Code.
 
                            -6-      LRB093 07217 RLC 12032 b
 1             (4.2)  Except as provided in paragraph (4.3) of this
 2        subsection  (c),  a  minimum  of  100  hours of community
 3        service shall  be  imposed  for  a  second  violation  of
 4        Section 6-303 of the Illinois Vehicle Code.
 5             (4.3)  A  minimum term of imprisonment of 30 days or
 6        300 hours of community  service,  as  determined  by  the
 7        court,  shall  be  imposed  for  a  second  violation  of
 8        subsection  (c)  of Section 6-303 of the Illinois Vehicle
 9        Code.
10             (4.4)  Except as provided  in  paragraph  (4.5)  and
11        paragraph (4.6) of this subsection (c), a minimum term of
12        imprisonment  of  30  days  or  300  hours  of  community
13        service, as determined by the court, shall be imposed for
14        a  third  or subsequent violation of Section 6-303 of the
15        Illinois Vehicle Code.
16             (4.5)  A minimum term of  imprisonment  of  30  days
17        shall  be imposed for a third violation of subsection (c)
18        of Section 6-303 of the Illinois Vehicle Code.
19             (4.6)  A minimum term of imprisonment  of  180  days
20        shall  be imposed for a fourth or subsequent violation of
21        subsection (c) of Section 6-303 of the  Illinois  Vehicle
22        Code.
23             (5)  The court may sentence an offender convicted of
24        a business offense or a petty offense or a corporation or
25        unincorporated association convicted of any offense to:
26                  (A)  a period of conditional discharge;
27                  (B)  a fine;
28                  (C)  make   restitution  to  the  victim  under
29             Section 5-5-6 of this Code.
30             (5.1)  In addition to any  penalties  imposed  under
31        paragraph  (5)  of  this  subsection  (c),  and except as
32        provided in paragraph (5.2) or (5.3), a person  convicted
33        of  violating  subsection  (c)  of  Section 11-907 of the
34        Illinois Vehicle Code shall  have  his  or  her  driver's
 
                            -7-      LRB093 07217 RLC 12032 b
 1        license,  permit, or privileges suspended for at least 90
 2        days but  not  more  than  one  year,  if  the  violation
 3        resulted in damage to the property of another person.
 4             (5.2)  In  addition  to  any penalties imposed under
 5        paragraph (5) of  this  subsection  (c),  and  except  as
 6        provided  in  paragraph  (5.3),  a  person  convicted  of
 7        violating   subsection  (c)  of  Section  11-907  of  the
 8        Illinois Vehicle Code shall  have  his  or  her  driver's
 9        license, permit, or privileges suspended for at least 180
10        days but not more than 2 years, if the violation resulted
11        in injury to another person.
12             (5.3)  In  addition  to  any penalties imposed under
13        paragraph (5) of this subsection (c), a person  convicted
14        of  violating  subsection  (c)  of  Section 11-907 of the
15        Illinois Vehicle Code shall  have  his  or  her  driver's
16        license,  permit, or privileges suspended for 2 years, if
17        the violation resulted in the death of another person.
18             (6)  In no case shall an offender be eligible for  a
19        disposition  of  probation or conditional discharge for a
20        Class 1 felony committed while he was serving a  term  of
21        probation or conditional discharge for a felony.
22             (7)  When   a   defendant  is  adjudged  a  habitual
23        criminal under Article 33B of the Criminal Code of  1961,
24        the  court  shall  sentence  the  defendant  to a term of
25        natural life imprisonment.
26             (8)  When a defendant, over the age of 21 years,  is
27        convicted  of  a  Class 1 or Class 2 felony, after having
28        twice been convicted in any state or federal court of  an
29        offense that contains the same elements as an offense now
30        classified  in  Illinois  as  a  Class 2 or greater Class
31        felony and such charges are separately brought and  tried
32        and arise out of different series of acts, such defendant
33        shall  be sentenced as a Class X offender. This paragraph
34        shall not apply unless (1) the first felony was committed
 
                            -8-      LRB093 07217 RLC 12032 b
 1        after the effective date of this amendatory Act of  1977;
 2        and  (2) the second felony was committed after conviction
 3        on the first; and (3)  the  third  felony  was  committed
 4        after  conviction  on the second. A person sentenced as a
 5        Class X offender under this paragraph is not eligible  to
 6        apply  for  treatment  as  a  condition  of  probation as
 7        provided by Section 40-10 of  the  Alcoholism  and  Other
 8        Drug Abuse and Dependency Act.
 9             (9)  A defendant convicted of a second or subsequent
10        offense  of  ritualized abuse of a child may be sentenced
11        to a term of natural life imprisonment.
12             (10)  When  a  person  is  convicted  of   violating
13        Section  11-501 of the Illinois Vehicle Code or a similar
14        provision of a local ordinance, the  following  penalties
15        apply  when his or her blood, breath, or urine was .16 or
16        more based on the definition of blood, breath,  or  urine
17        units  in Section 11-501.2 or that person is convicted of
18        violating Section 11-501 of  the  Illinois  Vehicle  Code
19        while transporting a child under the age of 16:
20                  (A)  For a first violation of subsection (a) of
21             Section  11-501,  in  addition  to any other penalty
22             that may be imposed under subsection (c) of  Section
23             11-501:   a   mandatory  minimum  of  100  hours  of
24             community service and a minimum fine of $500.
25                  (B)  For a second violation of  subsection  (a)
26             of  Section 11-501, in addition to any other penalty
27             that may be imposed under subsection (c) of  Section
28             11-501  within  10  years:  a mandatory minimum of 2
29             days of imprisonment and a minimum fine of $1,250.
30                  (C)  For a third violation of subsection (a) of
31             Section 11-501, in addition  to  any  other  penalty
32             that  may be imposed under subsection (c) of Section
33             11-501 within 20 years: a mandatory  minimum  of  90
34             days of imprisonment and a minimum fine of $2,500.
 
                            -9-      LRB093 07217 RLC 12032 b
 1                  (D)  For  a  fourth  or subsequent violation of
 2             subsection (a) of Section 11-501: ineligibility  for
 3             a sentence of probation or conditional discharge and
 4             a minimum fine of $2,500.
 5        (d)  In  any  case in which a sentence originally imposed
 6    is vacated, the case shall be remanded to  the  trial  court.
 7    The  trial  court shall hold a hearing under Section 5-4-1 of
 8    the Unified Code of Corrections which may include evidence of
 9    the defendant's life, moral character and  occupation  during
10    the  time  since the original sentence was passed.  The trial
11    court shall then impose sentence  upon  the  defendant.   The
12    trial  court  may  impose  any sentence which could have been
13    imposed at the original trial subject to Section 5-5-4 of the
14    Unified Code of Corrections. If  a  sentence  is  vacated  on
15    appeal  or  on  collateral  attack  due to the failure of the
16    trier of fact at trial to determine beyond a reasonable doubt
17    the existence of a  fact  (other  than  a  prior  conviction)
18    necessary  to  increase the punishment for the offense beyond
19    the  statutory  maximum  otherwise  applicable,  either   the
20    defendant  may  be  re-sentenced  to  a term within the range
21    otherwise provided or, if  the  State  files  notice  of  its
22    intention  to again seek the extended sentence, the defendant
23    shall be afforded a new trial.
24        (e)  In  cases  where  prosecution  for  criminal  sexual
25    assault or aggravated criminal  sexual  abuse  under  Section
26    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
27    conviction of a defendant who was  a  family  member  of  the
28    victim  at  the  time  of  the commission of the offense, the
29    court shall consider the safety and welfare of the victim and
30    may impose a sentence of probation only where:
31             (1)  the  court  finds  (A)  or  (B)  or  both   are
32        appropriate:
33                  (A)  the  defendant  is  willing  to  undergo a
34             court approved  counseling  program  for  a  minimum
 
                            -10-     LRB093 07217 RLC 12032 b
 1             duration of 2 years; or
 2                  (B)  the defendant is willing to participate in
 3             a  court  approved plan including but not limited to
 4             the defendant's:
 5                       (i)  removal from the household;
 6                       (ii)  restricted contact with the victim;
 7                       (iii)  continued financial support of  the
 8                  family;
 9                       (iv)  restitution  for  harm  done  to the
10                  victim; and
11                       (v)  compliance with  any  other  measures
12                  that the court may deem appropriate; and
13             (2)  the  court  orders the defendant to pay for the
14        victim's counseling services,  to  the  extent  that  the
15        court finds, after considering the defendant's income and
16        assets,  that  the  defendant  is  financially capable of
17        paying for such services, if  the  victim  was  under  18
18        years  of  age  at the time the offense was committed and
19        requires counseling as a result of the offense.
20        Probation may be revoked or modified pursuant to  Section
21    5-6-4;  except where the court determines at the hearing that
22    the defendant violated a condition of his  or  her  probation
23    restricting  contact  with the victim or other family members
24    or commits another offense with the victim  or  other  family
25    members, the court shall revoke the defendant's probation and
26    impose a term of imprisonment.
27        For  the  purposes  of  this Section, "family member" and
28    "victim" shall have the meanings ascribed to them in  Section
29    12-12 of the Criminal Code of 1961.
30        (f)  This  Article  shall  not  deprive  a court in other
31    proceedings to order a forfeiture of property, to suspend  or
32    cancel  a  license,  to  remove  a  person from office, or to
33    impose any other civil penalty.
34        (g)  Whenever a defendant  is  convicted  of  an  offense
 
                            -11-     LRB093 07217 RLC 12032 b
 1    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
 2    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 3    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 4    shall  undergo  medical  testing  to  determine  whether  the
 5    defendant has any sexually transmissible disease, including a
 6    test for infection with human immunodeficiency virus (HIV) or
 7    any   other   identified   causative   agent   of    acquired
 8    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
 9    shall be performed only  by  appropriately  licensed  medical
10    practitioners  and  may  include  an  analysis  of any bodily
11    fluids as well as an examination of the  defendant's  person.
12    Except as otherwise provided by law, the results of such test
13    shall  be kept strictly confidential by all medical personnel
14    involved in the testing and must be personally delivered in a
15    sealed envelope to the  judge  of  the  court  in  which  the
16    conviction  was entered for the judge's inspection in camera.
17    Acting in accordance with the best interests  of  the  victim
18    and  the  public,  the  judge  shall  have  the discretion to
19    determine to whom, if anyone, the results of the testing  may
20    be revealed. The court shall notify the defendant of the test
21    results.  The court shall also notify the victim if requested
22    by  the  victim, and if the victim is under the age of 15 and
23    if requested by the victim's parents or legal  guardian,  the
24    court  shall notify the victim's parents or legal guardian of
25    the test results.  The court shall provide information on the
26    availability of HIV testing and counseling at  Department  of
27    Public  Health  facilities to all parties to whom the results
28    of the testing are revealed  and  shall  direct  the  State's
29    Attorney  to  provide  the  information  to  the  victim when
30    possible. A State's Attorney may petition the court to obtain
31    the results of any HIV test administered under this  Section,
32    and  the  court  shall  grant  the  disclosure if the State's
33    Attorney shows it is relevant in order to prosecute a  charge
34    of  criminal transmission of HIV under Section 12-16.2 of the
 
                            -12-     LRB093 07217 RLC 12032 b
 1    Criminal Code of 1961 against the defendant.  The court shall
 2    order that the cost of any such test shall  be  paid  by  the
 3    county  and  may  be  taxed  as  costs  against the convicted
 4    defendant.
 5        (g-5)  When  an  inmate  is  tested   for   an   airborne
 6    communicable   disease,   as   determined   by  the  Illinois
 7    Department of Public Health  including  but  not  limited  to
 8    tuberculosis,  the  results  of  the test shall be personally
 9    delivered by the warden or his or her designee  in  a  sealed
10    envelope  to  the judge of the court in which the inmate must
11    appear for the judge's inspection in camera if  requested  by
12    the  judge.   Acting in accordance with the best interests of
13    those in the courtroom, the judge shall have  the  discretion
14    to  determine  what  if  any  precautions need to be taken to
15    prevent transmission of the disease in the courtroom.
16        (h)  Whenever a defendant  is  convicted  of  an  offense
17    under  Section  1 or 2 of the Hypodermic Syringes and Needles
18    Act, the defendant shall undergo medical testing to determine
19    whether   the   defendant   has   been   exposed   to   human
20    immunodeficiency  virus  (HIV)  or   any   other   identified
21    causative agent of acquired immunodeficiency syndrome (AIDS).
22    Except as otherwise provided by law, the results of such test
23    shall  be kept strictly confidential by all medical personnel
24    involved in the testing and must be personally delivered in a
25    sealed envelope to the  judge  of  the  court  in  which  the
26    conviction  was entered for the judge's inspection in camera.
27    Acting in accordance with the best interests of  the  public,
28    the  judge shall have the discretion to determine to whom, if
29    anyone, the results of the testing may be revealed. The court
30    shall notify the defendant of  a  positive  test  showing  an
31    infection  with  the  human immunodeficiency virus (HIV). The
32    court shall provide information on the  availability  of  HIV
33    testing   and  counseling  at  Department  of  Public  Health
34    facilities to all parties to whom the results of the  testing
 
                            -13-     LRB093 07217 RLC 12032 b
 1    are revealed and shall direct the State's Attorney to provide
 2    the  information  to  the  victim  when  possible.  A State's
 3    Attorney may petition the court to obtain the results of  any
 4    HIV  test  administered  under  this   Section, and the court
 5    shall grant the disclosure if the State's Attorney  shows  it
 6    is  relevant  in  order  to  prosecute  a  charge of criminal
 7    transmission of HIV under Section  12-16.2  of  the  Criminal
 8    Code  of  1961  against  the defendant. The court shall order
 9    that the cost of any such test shall be paid  by  the  county
10    and may be taxed as costs against the convicted defendant.
11        (i)  All  fines  and penalties imposed under this Section
12    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
13    Vehicle Code, or a similar provision of  a  local  ordinance,
14    and any violation of the Child Passenger Protection Act, or a
15    similar  provision  of  a local ordinance, shall be collected
16    and disbursed by the circuit clerk as provided under  Section
17    27.5 of the Clerks of Courts Act.
18        (j)  In  cases  when  prosecution  for  any  violation of
19    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
20    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
21    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
22    12-16  of  the  Criminal  Code  of 1961, any violation of the
23    Illinois Controlled Substances Act, or any violation  of  the
24    Cannabis  Control Act results in conviction, a disposition of
25    court supervision, or an order  of  probation  granted  under
26    Section  10 of the Cannabis Control Act or Section 410 of the
27    Illinois Controlled Substance Act of a defendant,  the  court
28    shall  determine  whether  the  defendant  is  employed  by a
29    facility or center as defined under the  Child  Care  Act  of
30    1969,  a public or private elementary or secondary school, or
31    otherwise works with children under 18  years  of  age  on  a
32    daily  basis.   When  a  defendant  is so employed, the court
33    shall order the Clerk of the Court to  send  a  copy  of  the
34    judgment  of  conviction or order of supervision or probation
 
                            -14-     LRB093 07217 RLC 12032 b
 1    to  the  defendant's  employer  by  certified  mail.  If  the
 2    employer of the defendant is a school, the Clerk of the Court
 3    shall direct the  mailing  of  a  copy  of  the  judgment  of
 4    conviction  or  order  of  supervision  or  probation  to the
 5    appropriate regional superintendent of schools.  The regional
 6    superintendent of schools shall notify  the  State  Board  of
 7    Education of any notification under this subsection.
 8        (j-5)  A  defendant  at  least  17  years  of  age who is
 9    convicted of  a  felony  and  who  has  not  been  previously
10    convicted  of a misdemeanor or felony and who is sentenced to
11    a  term  of  imprisonment  in  the  Illinois  Department   of
12    Corrections  shall  as  a condition of his or her sentence be
13    required by the court to attend educational courses  designed
14    to  prepare  the  defendant  for a high school diploma and to
15    work toward a high school diploma or to work  toward  passing
16    the high school level Test of General Educational Development
17    (GED)  or  to  work  toward  completing a vocational training
18    program offered by  the  Department  of  Corrections.   If  a
19    defendant fails to complete the educational training required
20    by  his or her sentence during the term of incarceration, the
21    Prisoner Review Board shall,  as  a  condition  of  mandatory
22    supervised  release, require the defendant, at his or her own
23    expense, to pursue a course of study  toward  a  high  school
24    diploma  or  passage  of  the  GED test.  The Prisoner Review
25    Board shall revoke the  mandatory  supervised  release  of  a
26    defendant  who  wilfully fails to comply with this subsection
27    (j-5) upon his or her release from  confinement  in  a  penal
28    institution  while  serving  a  mandatory  supervised release
29    term; however, the inability of the defendant after making  a
30    good  faith  effort  to  obtain  financial aid or pay for the
31    educational training shall not be deemed a wilful failure  to
32    comply.    The  Prisoner  Review  Board  shall  recommit  the
33    defendant whose mandatory supervised release  term  has  been
34    revoked  under  this  subsection (j-5) as provided in Section
 
                            -15-     LRB093 07217 RLC 12032 b
 1    3-3-9.  This subsection (j-5) does not apply to  a  defendant
 2    who  has a high school diploma or has successfully passed the
 3    GED test. This subsection (j-5) does not apply to a defendant
 4    who is determined by the court to be developmentally disabled
 5    or otherwise mentally incapable of completing the educational
 6    or vocational program.
 7        (k)  A court may not impose a sentence or disposition for
 8    a felony or misdemeanor that requires  the  defendant  to  be
 9    implanted  or  injected  with  or  to  use  any form of birth
10    control.
11        (l) (A)  Except  as  provided   in   paragraph   (C)   of
12        subsection  (l), whenever a defendant, who is an alien as
13        defined  by  the  Immigration  and  Nationality  Act,  is
14        convicted of any felony or misdemeanor offense, the court
15        after sentencing the defendant may, upon  motion  of  the
16        State's  Attorney,  hold  sentence in abeyance and remand
17        the defendant to the custody of the Attorney  General  of
18        the  United  States  or his or her designated agent to be
19        deported when:
20                  (1)  a final  order  of  deportation  has  been
21             issued against the defendant pursuant to proceedings
22             under the Immigration and Nationality Act, and
23                  (2)  the deportation of the defendant would not
24             deprecate the seriousness of the defendant's conduct
25             and  would  not  be  inconsistent  with  the ends of
26             justice.
27             Otherwise,  the  defendant  shall  be  sentenced  as
28        provided in this Chapter V.
29             (B)  If the defendant has already been sentenced for
30        a felony or misdemeanor offense, or has  been  placed  on
31        probation under Section 10 of the Cannabis Control Act or
32        Section  410  of  the Illinois Controlled Substances Act,
33        the court may, upon motion of  the  State's  Attorney  to
34        suspend the sentence imposed, commit the defendant to the
 
                            -16-     LRB093 07217 RLC 12032 b
 1        custody  of  the Attorney General of the United States or
 2        his or her designated agent when:
 3                  (1)  a final  order  of  deportation  has  been
 4             issued against the defendant pursuant to proceedings
 5             under the Immigration and Nationality Act, and
 6                  (2)  the deportation of the defendant would not
 7             deprecate the seriousness of the defendant's conduct
 8             and  would  not  be  inconsistent  with  the ends of
 9             justice.
10             (C)  This subsection (l) does not apply to offenders
11        who are subject to the provisions  of  paragraph  (2)  of
12        subsection (a) of Section 3-6-3.
13             (D)  Upon  motion  of  the  State's  Attorney,  if a
14        defendant sentenced under this  Section  returns  to  the
15        jurisdiction of the United States, the defendant shall be
16        recommitted to the custody of the county from which he or
17        she  was  sentenced.  Thereafter,  the defendant shall be
18        brought before the sentencing court, which may impose any
19        sentence that was available under Section  5-5-3  at  the
20        time  of  initial sentencing.  In addition, the defendant
21        shall not be eligible for additional good conduct  credit
22        for meritorious service as provided under Section 3-6-6.
23        (m)  A   person   convicted  of  criminal  defacement  of
24    property under Section 21-1.3 of the Criminal Code  of  1961,
25    in  which  the  property damage exceeds $300 and the property
26    damaged is a school building, shall  be  ordered  to  perform
27    community  service  that  may  include  cleanup,  removal, or
28    painting over the defacement.
29    (Source: P.A. 91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;
30    91-663,  eff.  12-22-99;  91-695,  eff. 4-13-00; 91-953, eff.
31    2-23-01; 92-183, eff. 7-27-01; 92-248, eff.  8-3-01;  92-283,
32    eff.  1-1-02;  92-340,  eff.  8-10-01;  92-418, eff. 8-17-01;
33    92-422, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-698,  eff.
34    7-19-02.)