093_HB3555

 
                                     LRB093 03902 RLC 03937 b

 1        AN ACT in relation to sex offenders.

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

 4        Section  5. The Unified Code of Corrections is amended by
 5    changing Sections 5-6-2 and 5-8-1 and adding  Article  17  to
 6    Chapter III as follows:

 7        (730 ILCS 5/Chap. III, Art. 17 heading new)
 8                ARTICLE 17.  LIFETIME SUPERVISION OF
 9                            SEX OFFENDERS

10        (730 ILCS 5/3-17-1 new)
11        Sec.  3-17-1.  Short  title. This Article may be cited as
12    the Sex Offender Lifetime Supervision Law.

13        (730 ILCS 5/3-17-5 new)
14        Sec.  3-17-5.  Legislative   declaration.   The   General
15    Assembly  finds  that  the majority of persons who commit sex
16    offenses, if incarcerated or  supervised  without  treatment,
17    will continue to present a danger to the public when released
18    from incarceration and supervision. The General Assembly also
19    finds   that   keeping   all   sex   offenders   in  lifetime
20    incarceration imposes an unacceptably high cost in both State
21    dollars and loss of human  potential.  The  General  Assembly
22    further  finds  that  some  sex  offenders  respond  well  to
23    treatment   and   can  function  as  safe,  responsible,  and
24    contributing members of society,  so  long  as  they  receive
25    treatment and supervision. The General Assembly declares that
26    a program under which sex offenders may receive treatment and
27    supervision  for  the  rest  of their lives, if necessary, is
28    necessary for the safety, health, and welfare of the State.
 
                            -2-      LRB093 03902 RLC 03937 b
 1        (730 ILCS 5/3-17-10 new)
 2        Sec. 3-17-10. Definitions. As used in  this  Article  17,
 3    unless the context otherwise requires:
 4        "Department" means the Department of Corrections.
 5        "Management  Board"  means  the  Sex  Offender Management
 6    Board created in Section 15 of the  Sex  Offender  Management
 7    Board Act.
 8        "Sex offender" means a person who is required to register
 9    as a sex offender under the Sex Offender Registration Act.
10        "Sex offense" means a felony offense defined in Section 2
11    of the Sex Offender Registration Act.

12        (730 ILCS 5/3-17-15 new)
13        Sec. 3-17-15.  Indeterminate sentence.
14        (a)  (1)  Except  as  otherwise  provided in the Sexually
15    Violent Persons Commitment  Act  or  the  Sexually  Dangerous
16    Persons Act or in this subsection (a) or in subsection (b) of
17    this Section, the circuit court shall sentence a sex offender
18    to the custody of the Department for an indeterminate term of
19    at  least  the  minimum of the presumptive range specified in
20    Section 5-8-1 for  the  level  of  offense  committed  and  a
21    maximum of the sex offender's natural life.
22             (2) If the sex offender committed a sex offense that
23        constitutes  a  violent crime, as defined in Section 3 of
24        the Rights  of  Crime  Victims  and  Witnesses  Act,  the
25        circuit  court  shall  sentence  the  sex offender to the
26        custody of the Department for an indeterminate term of at
27        least the midpoint in the presumptive range for the level
28        of offense committed and a maximum of the sex  offender's
29        natural life.
30             (3)  If  the sex offender is a child sex offender as
31        defined in Section 11-9.3 of the Criminal Code  of  1961,
32        the  circuit court shall sentence the sex offender to the
33        custody of the Department for an indeterminate term of at
 
                            -3-      LRB093 03902 RLC 03937 b
 1        least 3 times the upper limit of  the  presumptive  range
 2        for  the  level  of offense committed under Section 5-8-1
 3        and a maximum of the sex offender's natural life.
 4             (4) If the sex offender committed a sex offense that
 5        has as an element of the offense  sexual  penetration  as
 6        defined in Section 12-12 of the Criminal Code of 1961 and
 7        the  sex  offender,  prior to committing the offense, had
 8        notice that he or she had tested positive for  the  human
 9        immunodeficiency  virus (HIV) that causes acquired immune
10        deficiency syndrome, the circuit court shall sentence the
11        sex offender to the custody  of  the  Department  for  an
12        indeterminate term of at least 3 times the upper limit of
13        the  presumptive range for the level of offense committed
14        and a maximum of the sex offender's natural life.
15        (b) (1) The circuit court, based on consideration of  the
16    evaluation  conducted  under  Section  15 of the Sex Offender
17    Management Board Act, and the factors  specified  in  Section
18    5-6-1,  may  sentence  a  sex  offender  to  probation for an
19    indeterminate period of at least  10  years,  notwithstanding
20    the  limits  specified in Section 5-6-2, for a Class 4 felony
21    or 20 years for a Class 1, 2 or 3 felony and a maximum of the
22    sex offender's natural life; except that, if the sex offender
23    committed a sex offense that constitutes a violent crime,  as
24    defined  in  Section  3  of  the  Rights of Crime Victims and
25    Witnesses Act, or committed a sex offense that makes  him  or
26    her eligible for sentencing under paragraph (3) of subsection
27    (b)  of Section 12-13 of the Criminal Code of 1961, the court
28    shall  sentence  the  sex  offender  to  the  Department   of
29    Corrections  as  provided  in subsection (a) of this Section.
30    For any  sex  offender  sentenced  to  probation  under  this
31    subsection  (b), the court shall order that the sex offender,
32    as a condition of  probation,  participate  in  an  intensive
33    supervision   probation  program  established  under  Section
34    3-17-30, until further order of the court.
 
                            -4-      LRB093 03902 RLC 03937 b
 1             (2) The court, as  a  condition  of  probation,  may
 2        sentence  a  sex  offender  to  a  community correctional
 3        center for a  minimum  period  specified  by  the  court.
 4        Following  completion  of  the  minimum  period,  the sex
 5        offender  may  be  released  to   intensive   supervision
 6        probation as provided in Section 3-17-35.
 7        (c)  Each sex offender sentenced under this Section shall
 8    be required as a part of the sentence to undergo treatment to
 9    the extent appropriate as determined by the Management Board.
10        (d) (1) The court  may  sentence  any  person  under  the
11    provisions of this Section if:
12                  (A)  The  person  is  convicted  of  or  pleads
13             guilty to a crime specified in paragraph (2) of this
14             subsection (d); and
15                  (B)  An  assessment of the person under Section
16             5-3-2 determines that the person is likely to commit
17             one or more of the  offenses  specified  in  Section
18             12-13,  12-14,  12-14.1, 12-15, 12-16, or 12-16.2 of
19             the Criminal Code of 1961 and may transmit the human
20             immunodeficiency  virus  or  any  other   identified
21             causative   agent   of   acquired   immunodeficiency
22             syndrome.
23             (2)  The  provisions of this subsection (d) apply to
24        any person who is convicted of or pleads guilty to any of
25        the following offenses or criminal  attempt,  conspiracy,
26        or  solicitation  to commit any of the following offenses
27        under the Criminal Code of 1961:
28                  (A)  Indecent solicitation  of  a  child  under
29             Section 11-6;
30                  (B)  Felony  indecent  solicitation of an adult
31             under Section 11-6.5;
32                  (C)  Felony  sexual  exploitation  of  a  child
33             under Section 11-9.1;
34                  (D)  Soliciting for a juvenile prostitute under
 
                            -5-      LRB093 03902 RLC 03937 b
 1             Section 11-15.1;
 2                  (E)  Keeping a place of  juvenile  prostitution
 3             under Section 11-17.1;
 4                  (F)  Patronizing  a  juvenile  prostitute under
 5             Section 11-18.1;
 6                  (G)  Juvenile pimping under Section 11-19.1; or
 7                  (H)  Exploitation  of  a  child  under  Section
 8             11-19.2.
 9             (3) Any person sentenced as  a  sex  offender  under
10        this subsection (d) shall be subject to the provisions of
11        this Article.
12        (e)  (1)  Any sex offender sentenced under subsection (a)
13    or  (d)  of  this  Section  and  convicted  of  one  or  more
14    additional crimes arising out of the same incident as the sex
15    offense shall be sentenced for the sex offense and such other
16    crimes so that the sentences are served consecutively  rather
17    than concurrently.
18             (2)    (A)  Except    as   otherwise   provided   in
19        subparagraph  (B)  of  this  paragraph  (2),  if  a   sex
20        offender  sentenced  under this Article is convicted of a
21        subsequent crime prior to being discharged from parole or
22        mandatory supervised release  under  Section  3-17-25  or
23        discharged  from  probation  under  Section  3-17-35, any
24        sentence imposed for the second crime may  not  supersede
25        the  sex offender's sentence under the provisions of this
26        Article. If the sex offender commits the subsequent crime
27        while he or she is  on  parole  or  mandatory  supervised
28        release  or  probation  and  the  sex offender receives a
29        sentence  to  the  Department  of  Corrections  for   the
30        subsequent  crime, the sex offender's parole or mandatory
31        supervised release or probation shall be  deemed  revoked
32        under   Section  3-17-45,  and  the  sex  offender  shall
33        continue to be subject to the provisions of this Article.
34                  (B)  The  provisions  of  subparagraph  (A)  of
 
                            -6-      LRB093 03902 RLC 03937 b
 1             this paragraph (2) do not apply if the sex  offender
 2             commits  a  subsequent  crime  for which the penalty
 3             upon conviction is death or a term of  natural  life
 4             imprisonment.

 5        (730 ILCS 5/3-17-20 new)
 6        Sec.  3-17-20.  Parole  or  mandatory supervised release;
 7    intensive supervision program.
 8        (a)  The  Department   shall   establish   an   intensive
 9    supervision  parole  or  mandatory supervised release program
10    for sex offenders sentenced to incarceration and subsequently
11    released on parole or mandatory supervised release under this
12    Article. In addition, the Prisoner Review Board may require a
13    person, as a condition  of  parole  or  mandatory  supervised
14    release,  to  participate in the intensive supervision parole
15    or mandatory supervised  release  program  established  under
16    this Section if the person is convicted of:
17             (1)  Felony  public  indecency under Section 11-9 of
18        the Criminal Code of 1961;
19             (2)  Criminal attempt, conspiracy,  or  solicitation
20        to  commit  any  of  the  offenses  specified  in Section
21        3-17-10, which attempt, conspiracy, or solicitation would
22        constitute a felony; or
23             (3) Any of the offenses specified in  paragraph  (2)
24        of subsection (d) of Section 3-17-15.
25        (b)  In  addition  to the persons specified in subsection
26    (a) of this Section, the Prisoner Review Board shall require,
27    as a condition of parole or mandatory supervised release, any
28    person convicted  of  a  felony  sex  offense  who  fails  to
29    register  as a sex offender, as described in Section 2 of the
30    Sex  Offender  Registration  Act,   who   is   sentenced   to
31    incarceration   and   subsequently   released  on  parole  or
32    mandatory supervised release, to participate in the intensive
33    supervision parole or mandatory  supervised  release  program
 
                            -7-      LRB093 03902 RLC 03937 b
 1    established under this Section.
 2        (c)  The  Department shall require that sex offenders and
 3    any other persons in  the  intensive  supervision  parole  or
 4    mandatory  supervised  release program established under this
 5    Section receive the highest  level  of  supervision  that  is
 6    provided  to  parolees or mandatory supervised releasees. The
 7    intensive supervision parole or mandatory supervised  release
 8    program   may  include,  but  is  not  limited  to,  severely
 9    restricted activities, daily contact between the sex offender
10    or other  person  and  the  parole  or  supervising  officer,
11    monitored  curfew, home visitation, employment visitation and
12    monitoring, drug and alcohol screening,  treatment  referrals
13    and   monitoring,  including  physiological  monitoring,  and
14    payment  of   restitution.   In   addition,   the   intensive
15    supervision  parole  or  mandatory supervised release program
16    shall be designed to minimize the risk to the public  to  the
17    greatest extent possible.
18        (d)  The  Director  of  Corrections  shall  establish and
19    enforce standards and  criteria  for  administration  of  the
20    intensive  supervision parole or mandatory supervised release
21    program created under this Section.

22        (730 ILCS 5/3-17-25 new)
23        Sec.  3-17-25.  Release  from  incarceration;  parole  or
24    mandatory supervised release; conditions.
25        (a)  (1)  On  completion  of  the   minimum   period   of
26    incarceration  specified  in  a  sex offender's indeterminate
27    sentence, less any good conduct credits that the sex offender
28    received under Section 3-6-3, the Prisoner Review Board shall
29    schedule a hearing to determine whether the sex offender  may
30    be  released  on  parole  or mandatory supervised release. In
31    determining whether to release the sex offender on parole  or
32    mandatory supervised release, the Prisoner Review Board shall
33    determine   whether   the   sex   offender  has  successfully
 
                            -8-      LRB093 03902 RLC 03937 b
 1    progressed in treatment and would not pose an undue threat to
 2    the community if released  under  appropriate  treatment  and
 3    monitoring  requirements  and  whether  there is a strong and
 4    reasonable probability that the person  will  not  thereafter
 5    violate the law. The Department shall make recommendations to
 6    the Prisoner Review Board concerning whether the sex offender
 7    should  be released on parole or mandatory supervised release
 8    and the level of treatment  and  monitoring  that  should  be
 9    imposed  as  a  condition  of  parole or mandatory supervised
10    release. The recommendation shall be based  on  the  criteria
11    established by the Management Board under Section 3-17-40.
12             (2)  If  a  sex  offender  is  released on parole or
13        mandatory supervised release under this Section, the  sex
14        offender's  sentence  to incarceration shall continue and
15        shall not be deemed discharged until  such  time  as  the
16        Prisoner Review Board may discharge the sex offender from
17        parole  or  mandatory supervised release under subsection
18        (c) of this Section. The period of  parole  or  mandatory
19        supervised  release  for  any  sex  offender convicted of
20        first degree murder or a  Class  X  felony  shall  be  an
21        indeterminate  term of at least 20 years and a maximum of
22        the remainder of the sex  offender's  natural  life.  The
23        period  of parole or mandatory supervised release for any
24        sex offender convicted of a Class 1, 2, 3,  or  4  felony
25        shall be an indeterminate term of at least 10 years and a
26        maximum  of  the  remainder of the sex offender's natural
27        life.
28             (3) If the Prisoner Review Board  does  not  release
29        the  sex  offender  on  parole  or  mandatory  supervised
30        release  under  paragraph (1) of this subsection (a), the
31        Prisoner Review Board shall review such denial  at  least
32        once  every  3  years  until  it  determines that the sex
33        offender meets the criteria  for  release  on  parole  or
34        mandatory  supervised  release specified in paragraph (1)
 
                            -9-      LRB093 03902 RLC 03937 b
 1        of this subsection (a). At each  review,  the  Department
 2        shall   make   recommendations,  based  on  the  criteria
 3        established  by  the  Management  Board   under   Section
 4        3-17-40,  concerning  whether  the sex offender should be
 5        released on parole or mandatory supervised release.
 6        (b) (1) As a condition of release on parole or  mandatory
 7    supervised  release  under this Section, a sex offender shall
 8    participate in the intensive supervision parole or  mandatory
 9    supervised  release  program  created by the Department under
10    Section 3-17-20. Participation in the  intensive  supervision
11    parole or mandatory supervised release program shall continue
12    until  the  sex  offender  can demonstrate that he or she has
13    successfully progressed in treatment and would  not  pose  an
14    undue  threat  to  the  community  if  paroled or released on
15    mandatory supervision at a lower  level  of  supervision,  at
16    which  time  the sex offender's parole or supervising officer
17    may petition the Prisoner Review Board for a reduction in the
18    sex offender's  level  of  supervision.  The  sex  offender's
19    parole  or  supervising  officer and treatment provider shall
20    make recommendations to the Prisoner Review Board  concerning
21    whether  the  sex offender has met the requirements specified
22    in this subsection (b) such  that  the  level  of  parole  or
23    mandatory  supervised  release supervision should be reduced.
24    The  recommendations  shall  be   based   on   the   criteria
25    established by the Management Board under Section 3-17-40.
26             (2) Following reduction in a sex offender's level of
27        parole  or mandatory supervised release supervision under
28        paragraph (1) of this subsection (b), the sex  offender's
29        parole or supervising officer may return the sex offender
30        to   the   intensive   supervision  parole  or  mandatory
31        supervised release program if the parole  or  supervising
32        officer determines that an increased level of supervision
33        is  necessary to protect the public safety. The parole or
34        supervising officer  shall  notify  the  Prisoner  Review
 
                            -10-     LRB093 03902 RLC 03937 b
 1        Board  as  soon  as  possible  after  returning  the  sex
 2        offender to the intensive supervision parole or mandatory
 3        supervised  release  program.  To subsequently reduce the
 4        sex  offender's  level  of  supervision,  the  parole  or
 5        supervising officer  may  petition  the  Prisoner  Review
 6        Board  as  provided  in  paragraph (1) of this subsection
 7        (b).
 8        (c) (1) On completion of 20 years on parole or  mandatory
 9    supervised  release  for  any sex offender convicted of first
10    degree murder or a Class X felony  or  on  completion  of  10
11    years  of  parole or mandatory supervised release for any sex
12    offender convicted of a Class 1,  2,  3,  or  4  felony,  the
13    Prisoner  Review  Board shall schedule a hearing to determine
14    whether the sex offender may be  discharged  from  parole  or
15    mandatory  supervised  release.  In  determining  whether  to
16    discharge   the   sex   offender  from  parole  or  mandatory
17    supervised release, the Prisoner Review Board shall determine
18    whether the  sex  offender  has  successfully  progressed  in
19    treatment and would not pose an undue threat to the community
20    if  allowed  to  live  in  the community without treatment or
21    supervision. The sex offender's parole or supervising officer
22    and treatment provider  shall  make  recommendations  to  the
23    Prisoner Review Board concerning whether the sex offender has
24    met  the  requirements  specified in this subsection (c) such
25    that the sex offender should be  discharged  from  parole  or
26    mandatory  supervised  release.  The recommendations shall be
27    based on the criteria established  by  the  Management  Board
28    under Section 3-17-40.
29             (2)  If the Prisoner Review Board does not discharge
30        the sex offender  from  parole  or  mandatory  supervised
31        release  under  paragraph (1) of this subsection (c), the
32        Prisoner Review Board shall review such denial  at  least
33        once  every  3  years  until  it  determines that the sex
34        offender meets the criteria for  discharge  specified  in
 
                            -11-     LRB093 03902 RLC 03937 b
 1        paragraph (1) of this subsection (c). At each review, the
 2        sex   offender's   parole   or  supervising  officer  and
 3        treatment provider shall make recommendations,  based  on
 4        the  criteria  established  by the Management Board under
 5        Section 3-17-40,  concerning  whether  the  sex  offender
 6        should be discharged.
 7        (d)  In  determining whether to release a sex offender on
 8    parole or mandatory supervised release, reduce the  level  of
 9    supervision,  or  discharge  a  sex  offender  from parole or
10    mandatory supervised release under this Section, the Prisoner
11    Review  Board  shall  consider  the  recommendations  of  the
12    Department and  the  sex  offender's  parole  or  supervising
13    officer  and treatment provider. If the Prisoner Review Board
14    chooses not to follow the recommendations made, it shall make
15    findings on the record in support of its decision.

16        (730 ILCS 5/3-17-30 new)
17        Sec. 3-17-30. Probation; intensive supervision program.
18        (a) The Division of Probation  Services  of  the  Supreme
19    Court  shall  establish  an  intensive  supervision probation
20    program for sex offenders sentenced to probation  under  this
21    Article.  In addition, the court shall require a person, as a
22    condition of  probation,  to  participate  in  the  intensive
23    supervision  probation program established under this Section
24    if the person is convicted of one of the  following  offenses
25    and sentenced to probation:
26                  (A)  Felony public indecency under Section 11-9
27             of the Criminal Code of 1961;
28                  (B)  Criminal     attempt,    conspiracy,    or
29             solicitation to commit any of the offenses specified
30             in Section 3-17-10, which  attempt,  conspiracy,  or
31             solicitation would constitute a felony;
32                  (C)  Any of the offenses specified in paragraph
33             (2) of subsection (d) of Section 3-17-15;
 
                            -12-     LRB093 03902 RLC 03937 b
 1                  (D)  Any  felony offense that involves unlawful
 2             sexual  behavior  or  any  felony  offense  with  an
 3             underlying  factual  basis,  as  determined  by  the
 4             court, resulting in a conviction or plea  of  guilty
 5             on  or  after  the effective date of this amendatory
 6             Act of the 93rd General Assembly; or
 7                  (E)  Criminal  sexual  assault  or   aggravated
 8             criminal sexual abuse.
 9        (b)  The  Division  of  Probation Services of the Supreme
10    Court  may  establish  the  intensive  supervision  probation
11    program in any judicial district or combination  of  judicial
12    districts.
13        (c)  In  addition  to the persons specified in subsection
14    (a) of this Section,  the  court  shall  require  any  person
15    convicted  of a felony sex offense who fails to register as a
16    sex offender under the Sex Offender Registration Act and  who
17    is  sentenced  to probation to participate, as a condition of
18    probation and until  further  order  of  the  court,  in  the
19    intensive  supervision  probation  program  established under
20    this Section.
21        (d) The Division of Probation  Services  of  the  Supreme
22    Court  shall require that sex offenders and any other persons
23    participating in the intensive supervision probation  program
24    created  under  this  Section  receive  the  highest level of
25    supervision that is provided to probationers.  The  intensive
26    supervision  probation  program  may  include but need not be
27    limited to  severely  restricted  activities,  daily  contact
28    between  the  sex  offender or other person and the probation
29    officer,  monitored  curfew,  home   visitation,   employment
30    visitation   and  monitoring,  drug  and  alcohol  screening,
31    treatment referrals and monitoring,  including  physiological
32    monitoring,  and  payment  of  restitution.  In addition, the
33    intensive supervision probation program shall be designed  to
34    minimize  the  risk  to  the  public  to  the greatest extent
 
                            -13-     LRB093 03902 RLC 03937 b
 1    possible.
 2        (e) The Division of Probation  Services  of  the  Supreme
 3    Court  shall establish and enforce standards and criteria for
 4    administration of the intensive supervision probation program
 5    created under this Section.
 6        (f) For the purposes of this Section, "convicted" means a
 7    conviction as defined in Section 5-1-5.

 8        (730 ILCS 5/3-17-35 new)
 9        Sec. 3-17-35. Probation; conditions; release.
10        (a) If the court sentences a sex offender  to  probation,
11    in  addition  to  any conditions imposed under Section 5-6-3,
12    the court shall require as a condition of probation that  the
13    sex  offender participate until further order of the court in
14    the intensive supervision  probation  program  created  under
15    Section 3-17-30.
16        (a-5)  If the court as a condition of probation sentences
17    a sex offender to a community correctional program, following
18    completion of the minimum period of sentence specified by the
19    court, the community correctional program  shall  notify  the
20    Division  of  Probation Services of the Supreme Court when it
21    determines that the sex offender has successfully  progressed
22    in  treatment  and  would  not  pose  an  undue threat to the
23    community  if  allowed  to  live  in  the   community   while
24    continuing  on intensive supervision probation. The community
25    correctional program shall  base  its  determination  on  the
26    criteria  established  by  the Management Board under Section
27    3-17-40. The Division of Probation Services  of  the  Supreme
28    Court   shall  file  the  recommendations  of  the  community
29    correctional program with the court. Upon order of the court,
30    the  sex  offender  shall  be  released  from  the  community
31    correctional program, and  the  court  shall  order  the  sex
32    offender,  as a condition of probation, to participate in the
33    intensive supervision program created in Section 3-17-30. The
 
                            -14-     LRB093 03902 RLC 03937 b
 1    sex offender shall participate in the program  until  further
 2    order of the court.
 3        (b)  On  completion  of 20 years of probation for any sex
 4    offender convicted of a  Class  1,  2,  or  3  felony  or  on
 5    completion  of  10  years  of  probation for any sex offender
 6    convicted of a Class 4 felony, the  court  shall  schedule  a
 7    review  hearing  to determine whether the sex offender should
 8    be discharged from probation. In  making  its  determination,
 9    the  court  shall  determine  whether  the  sex  offender has
10    successfully progressed in treatment and would  not  pose  an
11    undue  threat  to  the  community  if  allowed to live in the
12    community  without  treatment   or   supervision.   The   sex
13    offender's  probation  officer  and  treatment provider shall
14    make recommendations to the court concerning whether the  sex
15    offender  has  met the requirements of this Section such that
16    he or she should be discharged from probation.
17        (c)  (1)  In  determining  whether  to  discharge  a  sex
18    offender from probation under this Section, the  court  shall
19    consider  the recommendations of the sex offender's probation
20    officer and treatment provider. The  recommendations  of  the
21    probation  officer  and the treatment provider shall be based
22    on the criteria established by  the  Management  Board  under
23    Section  3-17-40.  If  the  court  chooses  not to follow the
24    recommendations made, the court shall make  findings  on  the
25    record in support of its decision.
26             (2) If the court does not discharge the sex offender
27        from  probation  under  paragraph  (1) of this subsection
28        (c), the court shall review such  denial  at  least  once
29        every  3  years until it determines that the sex offender
30        meets  the  criteria  for  discharge  as   specified   in
31        paragraph (1) of this subsection (c). At each review, the
32        sex  offender's  probation officer and treatment provider
33        shall  make  recommendations,  based  on   the   criteria
34        established   by   the  Management  Board  under  Section
 
                            -15-     LRB093 03902 RLC 03937 b
 1        3-17-40, concerning whether the sex  offender  should  be
 2        discharged.

 3        (730 ILCS 5/3-17-40 new)
 4        Sec.  3-17-40.  Criteria  for release from incarceration,
 5    reduction in supervision, and discharge.  On or  before  July
 6    1,  2005,  the  Management  Board,  in collaboration with the
 7    Department of Corrections, the Division of Probation Services
 8    of the Supreme Court, and the Prisoner  Review  Board,  shall
 9    establish the following:
10             (1)  The  criteria  by and the manner in which a sex
11        offender may demonstrate that he or she would not pose an
12        undue threat to the community if released  on  parole  or
13        mandatory  supervised  release  or  to  a  lower level of
14        supervision  while  on  parole  or  mandatory  supervised
15        release or probation or  if  discharged  from  parole  or
16        mandatory  supervised release or probation. The court and
17        the Prisoner Review Board may use the criteria to  assist
18        in making decisions concerning release of a sex offender,
19        reduction of the level of supervision for a sex offender,
20        and discharge of a sex offender.
21             (2)   The  methods  of  determining  whether  a  sex
22        offender has successfully progressed in treatment.
23             (3) Standards for community  entities  that  provide
24        supervision  and  treatment specifically designed for sex
25        offenders  who  have  developmental  disabilities.  At  a
26        minimum, the standards shall determine whether an  entity
27        would   provide   adequate  support  and  supervision  to
28        minimize any threat that the sex offender may pose to the
29        community.

30        (730 ILCS 5/3-17-45 new)
31        Sec. 3-17-45. Arrest of parolee or  mandatory  supervised
32    releasee or probationer; revocation.
 
                            -16-     LRB093 03902 RLC 03937 b
 1        (a)  (1)  A sex offender paroled or released on mandatory
 2    supervised release under Section 3-17-25 is subject to arrest
 3    and revocation of parole or mandatory supervised  release  as
 4    provided  in Section 3-3-9. At any revocation proceeding, the
 5    sex  offender's  parole  or  supervising  officer   and   the
 6    treatment   provider  shall  submit  written  recommendations
 7    concerning the level of treatment and monitoring that  should
 8    be  imposed  as a condition of parole or mandatory supervised
 9    release if parole or  mandatory  supervised  release  is  not
10    revoked or whether the sex offender poses a sufficient threat
11    to  the community that parole or mandatory supervised release
12    should be revoked. The recommendations shall be based on  the
13    criteria  established  by  the Management Board under Section
14    3-17-40.  If  the  Prisoner  Review  Board  revokes  the  sex
15    offender's  parole  or  mandatory  supervised  release  under
16    Section 3-3-9, the sex offender shall continue to be  subject
17    to the provisions of this Article.
18             (2)   At   a  revocation  hearing  held  under  this
19        subsection (a), the Prisoner Review Board shall  consider
20        the  recommendations of the parole or supervising officer
21        and the  treatment  provider,  in  addition  to  evidence
22        concerning any of the grounds for revocation of parole or
23        mandatory  supervised release specified in Section 3-3-9.
24        If the Prisoner Review Board chooses not  to  follow  the
25        recommendations  made,  it  shall  make  findings  on the
26        record in support of its decision.
27        (b) (1) A  sex  offender  sentenced  to  probation  under
28    Section  3-17-15  is  subject  to  arrest  and  revocation of
29    probation as provided in Section  5-6-4.  At  any  revocation
30    proceeding,  the sex offender's probation officer and the sex
31    offender's treatment provider  shall  submit  recommendations
32    concerning  the level of treatment and monitoring that should
33    be imposed as a condition of probation if  probation  is  not
34    revoked or whether the sex offender poses a sufficient threat
 
                            -17-     LRB093 03902 RLC 03937 b
 1    to  the  community  that  probation  should  be  revoked. The
 2    recommendations shall be based on the criteria established by
 3    the Management Board under  Section  3-17-40.  If  the  court
 4    revokes   the  sex  offender's  probation,  the  court  shall
 5    sentence the sex offender as provided in Section 3-17-15, and
 6    the sex offender shall be subject to the provisions  of  this
 7    Article.
 8             (2)   At   a  revocation  hearing  held  under  this
 9        subsection   (b),   the   court   shall   consider    the
10        recommendations   of   the   probation  officer  and  the
11        treatment provider, in addition  to  evidence  concerning
12        any  of the grounds for revocation of probation specified
13        in Section 5-6-4. If the court chooses not to follow  the
14        recommendations  made,  it  shall  make  findings  on the
15        record in support of its decision.

16        (730 ILCS 5/3-17-50 new)
17        Sec. 3-17-50. Annual report. On  or  before  November  1,
18    2004,  and  on  or  before  each  November  1 thereafter, the
19    Department of Corrections, the Department  of  State  Police,
20    and  the  Division of Probation Services of the Supreme Court
21    shall submit a report to  the  judiciary  committees  of  the
22    House  of  Representatives  and  the  Senate specifying, at a
23    minimum:
24        (a) The impact on the prison population,  the  parole  or
25    mandatory  supervised  release  population, and the probation
26    population in  the  State  due  to  the  extended  length  of
27    incarceration   and  supervision  provided  for  in  Sections
28    3-17-15, 3-17-25, and 3-17-35;
29        (b) The number  of  offenders  placed  in  the  intensive
30    supervision  parole  or  mandatory supervised release program
31    and the  intensive  supervision  probation  program  and  the
32    length of supervision of offenders in the programs;
33        (c)  The  number  of  sex  offenders sentenced under this
 
                            -18-     LRB093 03902 RLC 03937 b
 1    Article who received parole or mandatory  supervised  release
 2    hearings  and  the  number  released  on  parole or mandatory
 3    supervised release during the preceding 12 months, if any;
 4        (d) The number of  sex  offenders  sentenced  under  this
 5    Article  who  received parole or mandatory supervised release
 6    or probation discharge hearings  and  the  number  discharged
 7    from  parole  or  mandatory  supervised  release or probation
 8    during the preceding 12 months, if any;
 9        (e) The number of  sex  offenders  sentenced  under  this
10    Article  who  received parole or mandatory supervised release
11    or probation revocation hearings and the number whose  parole
12    or  mandatory  supervised  release  or  probation was revoked
13    during the preceding 12 months, if any;
14        (f) A summary of the evaluation instruments developed  by
15    the Management Board and use of the evaluation instruments in
16    evaluating sex offenders under this Article; and
17        (g)  The availability of sex offender treatment providers
18    throughout the State, including  location  of  the  treatment
19    providers,  the  services  provided,  and  the amount paid by
20    offenders and by the State for the services provided, and the
21    manner of regulation and review of the services  provided  by
22    sex offender treatment providers.

23        (730 ILCS 5/3-17-55 new)
24        Sec.  3-17-55.  Applicability of Article.  The provisions
25    of this Article apply to any person who commits a sex offense
26    on or after the effective date of this amendatory Act of  the
27    93rd General Assembly.

28        (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
29        Sec.  5-6-2.  Incidents  of  Probation and of Conditional
30    Discharge.
31        (a)  When  an  offender  is  sentenced  to  probation  or
32    conditional discharge, the court shall impose a period  under
 
                            -19-     LRB093 03902 RLC 03937 b
 1    paragraph   (b)  of  this  Section,  and  shall  specify  the
 2    conditions under Section 5-6-3.
 3        (b)  Except  as  otherwise  provided  in  Article  17  of
 4    Chapter  III,  unless  terminated  sooner  as   provided   in
 5    paragraph  (c)  of  this  Section  or  extended  pursuant  to
 6    paragraph  (e)  of  this  Section, the period of probation or
 7    conditional discharge shall be as follows:
 8             (1)  for a Class 1 or Class 2 felony, not to  exceed
 9        4 years;
10             (2)  for  a Class 3 or Class 4 felony, not to exceed
11        30 months;
12             (3)  for a misdemeanor, not to exceed 2 years;
13             (4)  for a petty offense, not to exceed 6 months.
14        Multiple terms of probation  imposed  at  the  same  time
15    shall run concurrently.
16        (c)  The  court  may  at  any time terminate probation or
17    conditional discharge if warranted  by  the  conduct  of  the
18    offender  and  the  ends  of  justice, as provided in Section
19    5-6-4.
20        (d)  Upon the expiration or termination of the period  of
21    probation  or of conditional discharge, the court shall enter
22    an order discharging the offender.
23        (e)  The court may extend  any  period  of  probation  or
24    conditional   discharge   beyond  the  limits  set  forth  in
25    paragraph (b) of this Section upon a violation of a condition
26    of the probation or conditional discharge, for the payment of
27    an assessment  required  by  Section  10.3  of  the  Cannabis
28    Control  Act  or  Section  411.2  of  the Illinois Controlled
29    Substances Act, or for the payment of restitution as provided
30    by an order of restitution under Section 5-5-6 of this Code.
31    (Source: P.A. 91-153, eff. 1-1-00.)

32        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
33        Sec. 5-8-1. Sentence of Imprisonment for Felony.
 
                            -20-     LRB093 03902 RLC 03937 b
 1        (a)  Except as otherwise provided in the statute defining
 2    the offense or as otherwise provided in Article 17 of Chapter
 3    III, a sentence of imprisonment  for  a  felony  shall  be  a
 4    determinate  sentence  set  by  the court under this Section,
 5    according to the following limitations:
 6             (1)  for first degree murder,
 7                  (a)  a term shall be not less than 20 years and
 8             not more than 60 years, or
 9                  (b)  if  a  trier  of  fact  finds   beyond   a
10             reasonable  doubt that the murder was accompanied by
11             exceptionally brutal or heinous behavior  indicative
12             of  wanton  cruelty  or,  except  as  set  forth  in
13             subsection  (a)(1)(c)  of  this Section, that any of
14             the aggravating factors listed in subsection (b)  of
15             Section  9-1  of  the  Criminal  Code  of  1961  are
16             present,  the  court may sentence the defendant to a
17             term of natural life imprisonment, or
18                  (c)  the court shall sentence the defendant  to
19             a  term  of natural life imprisonment when the death
20             penalty is not imposed if the defendant,
21                       (i)  has  previously  been  convicted   of
22                  first  degree murder under any state or federal
23                  law, or
24                       (ii)  is a person who, at the time of  the
25                  commission  of the murder, had attained the age
26                  of 17 or more and is found guilty of  murdering
27                  an  individual  under  12  years  of  age;  or,
28                  irrespective of the defendant's age at the time
29                  of  the  commission  of  the  offense, is found
30                  guilty of murdering more than one victim, or
31                       (iii)  is  found  guilty  of  murdering  a
32                  peace officer or fireman when the peace officer
33                  or  fireman  was  killed  in  the   course   of
34                  performing  his  official duties, or to prevent
 
                            -21-     LRB093 03902 RLC 03937 b
 1                  the peace officer or  fireman  from  performing
 2                  his  official duties, or in retaliation for the
 3                  peace  officer  or   fireman   performing   his
 4                  official  duties,  and  the  defendant  knew or
 5                  should have known that the murdered  individual
 6                  was a peace officer or fireman, or
 7                       (iv)  is  found  guilty  of  murdering  an
 8                  employee  of  an institution or facility of the
 9                  Department of Corrections, or any similar local
10                  correctional  agency,  when  the  employee  was
11                  killed in the course of performing his official
12                  duties,  or  to  prevent  the   employee   from
13                  performing   his   official   duties,   or   in
14                  retaliation  for  the  employee  performing his
15                  official duties, or
16                       (v)  is  found  guilty  of  murdering   an
17                  emergency   medical   technician  -  ambulance,
18                  emergency medical  technician  -  intermediate,
19                  emergency   medical   technician  -  paramedic,
20                  ambulance driver or other medical assistance or
21                  first  aid   person   while   employed   by   a
22                  municipality  or  other  governmental unit when
23                  the  person  was  killed  in  the   course   of
24                  performing  official  duties  or to prevent the
25                  person from performing official  duties  or  in
26                  retaliation  for performing official duties and
27                  the defendant knew or should  have  known  that
28                  the   murdered   individual  was  an  emergency
29                  medical  technician  -   ambulance,   emergency
30                  medical  technician  -  intermediate, emergency
31                  medical  technician  -   paramedic,   ambulance
32                  driver, or other medical assistant or first aid
33                  personnel, or
34                       (vi)  is  a person who, at the time of the
 
                            -22-     LRB093 03902 RLC 03937 b
 1                  commission of the murder, had not attained  the
 2                  age  of  17, and is found guilty of murdering a
 3                  person under 12 years of age and the murder  is
 4                  committed   during  the  course  of  aggravated
 5                  criminal  sexual   assault,   criminal   sexual
 6                  assault, or aggravated kidnaping, or
 7                       (vii)  is  found  guilty  of  first degree
 8                  murder and the murder was committed  by  reason
 9                  of   any   person's  activity  as  a  community
10                  policing volunteer or  to  prevent  any  person
11                  from   engaging  in  activity  as  a  community
12                  policing volunteer.  For the  purpose  of  this
13                  Section, "community policing volunteer" has the
14                  meaning  ascribed to it in Section 2-3.5 of the
15                  Criminal Code of 1961.
16                  For purposes of clause (v), "emergency  medical
17             technician    -   ambulance",   "emergency   medical
18             technician  -  intermediate",   "emergency   medical
19             technician  - paramedic", have the meanings ascribed
20             to them in  the  Emergency  Medical  Services  (EMS)
21             Systems Act.
22                  (d) (i)  if  the  person  committed the offense
23                  while armed with a firearm, 15 years  shall  be
24                  added  to  the  term of imprisonment imposed by
25                  the court;
26                       (ii)  if, during  the  commission  of  the
27                  offense,  the  person  personally  discharged a
28                  firearm, 20 years shall be added to the term of
29                  imprisonment imposed by the court;
30                       (iii)  if, during the  commission  of  the
31                  offense,  the  person  personally  discharged a
32                  firearm that proximately  caused  great  bodily
33                  harm,     permanent    disability,    permanent
34                  disfigurement, or death to another  person,  25
 
                            -23-     LRB093 03902 RLC 03937 b
 1                  years  or up to a term of natural life shall be
 2                  added to the term of  imprisonment  imposed  by
 3                  the court.
 4             (1.5)  for second degree murder, a term shall be not
 5        less than 4 years and not more than 20 years;
 6             (2)  for a person adjudged a habitual criminal under
 7        Article 33B of the Criminal Code of 1961, as amended, the
 8        sentence shall be a term of natural life imprisonment;
 9             (2.5)  for    a    person    convicted   under   the
10        circumstances described in paragraph  (3)  of  subsection
11        (b)  of Section 12-13, paragraph (2) of subsection (d) of
12        Section 12-14,  paragraph  (1.2)  of  subsection  (b)  of
13        Section  12-14.1,  or  paragraph (2) of subsection (b) of
14        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
15        sentence shall be a term of natural life imprisonment;
16             (3)  except as otherwise  provided  in  the  statute
17        defining  the offense, for a Class X felony, the sentence
18        shall be not less than 6  years  and  not  more  than  30
19        years;
20             (4)  for  a Class 1 felony, other than second degree
21        murder, the sentence shall be not less than 4  years  and
22        not more than 15 years;
23             (5)  for a Class 2 felony, the sentence shall be not
24        less than 3 years and not more than 7 years;
25             (6)  for a Class 3 felony, the sentence shall be not
26        less than 2 years and not more than 5 years;
27             (7)  for a Class 4 felony, the sentence shall be not
28        less than 1 year and not more than 3 years.
29        (b)  The sentencing judge in each felony conviction shall
30    set forth his reasons for imposing the particular sentence he
31    enters  in  the  case,  as  provided in Section 5-4-1 of this
32    Code.   Those  reasons  may   include   any   mitigating   or
33    aggravating  factors  specified  in this Code, or the lack of
34    any such circumstances, as well as any other such factors  as
 
                            -24-     LRB093 03902 RLC 03937 b
 1    the  judge  shall set forth on the record that are consistent
 2    with the purposes and principles of  sentencing  set  out  in
 3    this Code.
 4        (c)  A  motion  to  reduce a sentence may be made, or the
 5    court may reduce a sentence without motion,  within  30  days
 6    after  the  sentence  is imposed.  A defendant's challenge to
 7    the correctness of  a  sentence  or  to  any  aspect  of  the
 8    sentencing  hearing  shall  be made by a written motion filed
 9    within  30  days  following  the  imposition   of   sentence.
10    However,  the  court  may  not increase a sentence once it is
11    imposed.
12        If a motion filed pursuant to this subsection  is  timely
13    filed  within  30  days  after  the  sentence is imposed, the
14    proponent of the  motion  shall  exercise  due  diligence  in
15    seeking  a  determination  on  the motion and the court shall
16    thereafter decide such motion within a reasonable time.
17        If a motion filed pursuant to this subsection  is  timely
18    filed  within 30 days after the sentence is imposed, then for
19    purposes of perfecting an appeal, a final judgment shall  not
20    be considered to have been entered until the motion to reduce
21    a  sentence  has  been  decided by order entered by the trial
22    court.
23        A motion filed pursuant to this subsection shall  not  be
24    considered  to have been timely filed unless it is filed with
25    the circuit court clerk within 30 days after the sentence  is
26    imposed  together  with  a  notice of motion, which notice of
27    motion shall set the motion on the court's calendar on a date
28    certain within a reasonable time after the date of filing.
29        (d)  Except where a term  of  natural  life  is  imposed,
30    every sentence shall include as though written therein a term
31    in  addition to the term of imprisonment. For those sentenced
32    under the law in effect prior to February 1, 1978, such  term
33    shall be identified as a parole term.  For those sentenced on
34    or after February 1, 1978, such term shall be identified as a
 
                            -25-     LRB093 03902 RLC 03937 b
 1    mandatory   supervised  release  term.   Subject  to  earlier
 2    termination under Section 3-3-8 or as otherwise  provided  in
 3    Article 17 of Chapter III, the parole or mandatory supervised
 4    release term shall be as follows:
 5             (1)  for  first degree murder or a Class X felony, 3
 6        years;
 7             (2)  for a Class 1 felony or a  Class  2  felony,  2
 8        years;
 9             (3)  for  a  Class  3  felony or a Class 4 felony, 1
10        year;
11             (4)  if the victim is under 18 years of age,  for  a
12        second  or  subsequent offense of criminal sexual assault
13        or aggravated criminal sexual assault, 5 years, at  least
14        the  first  2 years of which the defendant shall serve in
15        an electronic home detention program under Article 8A  of
16        Chapter V of this Code;
17             (5)  if  the  victim is under 18 years of age, for a
18        second  or  subsequent  offense  of  aggravated  criminal
19        sexual abuse or felony criminal sexual abuse, 4 years, at
20        least the first 2 years  of  which  the  defendant  shall
21        serve  in  an  electronic  home  detention  program under
22        Article 8A of Chapter V of this Code.
23        (e)  A  defendant  who  has  a  previous  and   unexpired
24    sentence  of  imprisonment imposed by another state or by any
25    district court of the United States and who,  after  sentence
26    for  a  crime in Illinois, must return to serve the unexpired
27    prior sentence may have his sentence by  the  Illinois  court
28    ordered to be concurrent with the prior sentence in the other
29    state.  The  court  may  order  that  any  time served on the
30    unexpired portion of the sentence in the other  state,  prior
31    to  his return to Illinois, shall be credited on his Illinois
32    sentence. The other state shall be furnished with a  copy  of
33    the  order  imposing  sentence which shall provide that, when
34    the offender is released from confinement of the other state,
 
                            -26-     LRB093 03902 RLC 03937 b
 1    whether by parole or by termination of sentence, the offender
 2    shall be transferred by the Sheriff of the committing  county
 3    to  the  Illinois  Department of Corrections. The court shall
 4    cause the Department of Corrections to be  notified  of  such
 5    sentence  at  the  time of commitment and to be provided with
 6    copies of all records regarding the sentence.
 7        (f)  A  defendant  who  has  a  previous  and   unexpired
 8    sentence of imprisonment imposed by an Illinois circuit court
 9    for  a  crime in this State and who is subsequently sentenced
10    to a term of imprisonment by another state or by any district
11    court of the United States and  who  has  served  a  term  of
12    imprisonment  imposed by the other state or district court of
13    the United States, and must  return to  serve  the  unexpired
14    prior  sentence  imposed  by  the  Illinois Circuit Court may
15    apply to  the  court  which  imposed  sentence  to  have  his
16    sentence reduced.
17        The  circuit  court may order that any time served on the
18    sentence imposed by the other state or district court of  the
19    United  States  be  credited  on  his Illinois sentence. Such
20    application  for   reduction  of  a   sentence   under   this
21    subsection  (f)  shall  be  made  within  30  days  after the
22    defendant has completed the sentence  imposed  by  the  other
23    state or district court of the United States.
24    (Source: P.A.  91-279,  eff.  1-1-00;  91-404,  eff.  1-1-00;
25    91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)