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093_HB3451
LRB093 05078 RLC 05138 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 Sections 3-7-6 and 5-5-3 as follows:
6 (730 ILCS 5/3-7-6) (from Ch. 38, par. 1003-7-6)
7 Sec. 3-7-6. Reimbursement for expenses.
8 (a) Responsibility of committed persons. For the
9 purposes of this Section, "committed persons" mean those
10 persons who through judicial determination have been placed
11 in the custody of the Department on the basis of a conviction
12 as an adult. Committed persons shall be responsible to
13 reimburse the Department for the expenses incurred by their
14 incarceration at a rate to be determined by the Department in
15 accordance with this Section. Committed persons shall also
16 be responsible for reimbursing victims of their offenses for
17 the costs of medical or dental services incurred by the
18 victims as a result of their criminal conduct committed
19 against the victims.
20 (1) Committed persons shall fully cooperate with
21 the Department by providing complete financial
22 information for the purposes under this Section.
23 (2) The failure of a committed person to fully
24 cooperate as provided for in clauses (3) and (4) of
25 subsection (a-5) shall be considered for purposes of a
26 parole determination. Any committed person who willfully
27 refuses to cooperate with the obligations set forth in
28 this Section may be subject to the loss of good conduct
29 credit towards his or her sentence of up to 180 days.
30 (a-5) Assets information form.
31 (1) The Department shall develop a form, which
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1 shall be used by the Department to obtain information
2 from all committed persons regarding assets of the
3 persons.
4 (2) In order to enable the Department to determine
5 the financial status of the committed person, the form
6 shall provide for obtaining the age and marital status of
7 a committed person, the number and ages of children of
8 the person, the number and ages of other dependents, the
9 type and value of real estate, the type and value of
10 personal property, cash and bank accounts, the location
11 of any lock boxes, the type and value of investments,
12 pensions and annuities and any other personalty of
13 significant cash value, including but not limited to
14 jewelry, art work and collectables, and all medical or
15 dental insurance policies covering the committed person.
16 The form may also provide for other information deemed
17 pertinent by the Department in the investigation of a
18 committed person's assets.
19 (3) Upon being developed, the form shall be
20 submitted to each committed person as of the date the
21 form is developed and to every committed person who
22 thereafter is sentenced to imprisonment under the
23 jurisdiction of the Department. The form may be
24 resubmitted to a committed person by the Department for
25 purpose of obtaining current information regarding the
26 assets of the person.
27 (4) Every committed person shall complete the form
28 or provide for completion of the form and the committed
29 person shall swear under oath or affirm that to the best
30 of his or her knowledge the information provided is
31 complete and accurate.
32 (b) Expenses. The rate at which sums to be charged for
33 the expenses incurred by a committed person for his or her
34 confinement shall be computed by the Department as the
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1 average per capita cost per day for all inmates of that
2 institution or facility for that fiscal year. The average
3 per capita cost per day shall be computed by the Department
4 based on the average per capita cost per day for the
5 operation of that institution or facility for the fiscal year
6 immediately preceding the period of incarceration for which
7 the rate is being calculated. The Department shall establish
8 rules and regulations providing for the computation of the
9 above costs, and shall determine the average per capita cost
10 per day for each of its institutions or facilities for each
11 fiscal year. The Department shall have the power to modify
12 its rules and regulations, so as to provide for the most
13 accurate and most current average per capita cost per day
14 computation. Where the committed person is placed in a
15 facility outside the Department, the Department may pay the
16 actual cost of services in that facility, and may collect
17 reimbursement for the entire amount paid from the committed
18 person receiving those services.
19 (c) Records. The records of the Department, including,
20 but not limited to, those relating to: the average per capita
21 cost per day for a particular institution or facility for a
22 particular year, and the calculation of the average per
23 capita cost per day; the average daily population of a
24 particular Department correctional institution or facility
25 for a particular year; the specific placement of a particular
26 committed person in various Department correctional
27 institutions or facilities for various periods of time; and
28 the record of transactions of a particular committed person's
29 trust account under Section 3-4-3 of this Act; may be proved
30 in any legal proceeding, by a reproduced copy thereof or by a
31 computer printout of Department records, under the
32 certificate of the Director. If reproduced copies are used,
33 the Director must certify that those are true and exact
34 copies of the records on file with the Department. If
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1 computer printouts of records of the Department are offered
2 as proof, the Director must certify that those computer
3 printouts are true and exact representations of records
4 properly entered into standard electronic computing
5 equipment, in the regular course of the Department's
6 business, at or reasonably near the time of the occurrence of
7 the facts recorded, from trustworthy and reliable
8 information. The reproduced copy or computer printout shall,
9 without further proof, be admitted into evidence in any legal
10 proceeding, and shall be prima facie correct and prima facie
11 evidence of the accuracy of the information contained
12 therein.
13 (d) Authority. The Director, or the Director's
14 designee, may, when he or she knows or reasonably believes
15 that a committed person, or the estate of that person, has
16 assets which may be used to satisfy all or part of a judgment
17 rendered under this Act, or when he or she knows or
18 reasonably believes that a committed person is engaged in
19 gang-related activity and has a substantial sum of money or
20 other assets, provide for the forwarding to the Attorney
21 General of a report on the committed person and that report
22 shall contain a completed form under subsection (a-5)
23 together with all other information available concerning the
24 assets of the committed person and an estimate of the total
25 expenses for that committed person, and authorize the
26 Attorney General to institute proceedings to require the
27 persons, or the estates of the persons, to reimburse the
28 Department for the expenses incurred by their incarceration
29 and to reimburse the victims of their offenses for the costs
30 of medical or dental services incurred by their victims as a
31 result of their criminal conduct. The Attorney General, upon
32 authorization of the Director, or the Director's designee,
33 shall institute actions on behalf of the Department and
34 pursue claims on the Department's or victims' behalf in
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1 probate and bankruptcy proceedings, to recover from committed
2 persons the expenses incurred by their confinement or the
3 medical or dental costs of their victims. For purposes of
4 this subsection (d), "gang-related" activity has the meaning
5 ascribed to it in Section 10 of the Illinois Streetgang
6 Terrorism Omnibus Prevention Act.
7 (e) Scope and limitations.
8 (1) No action under this Section shall be initiated
9 more than 2 years after the release or death of the
10 committed person in question.
11 (2) The death of a convicted person, by execution
12 or otherwise, while committed to a Department
13 correctional institution or facility shall not act as a
14 bar to any action or proceeding under this Section.
15 (3) The assets of a committed person, for the
16 purposes of this Section, shall include any property,
17 tangible or intangible, real or personal, belonging to or
18 due to a committed or formerly committed person including
19 income or payments to the person from social security,
20 worker's compensation, veteran's compensation, pension
21 benefits, or from any other source whatsoever and any and
22 all assets and property of whatever character held in the
23 name of the person, held for the benefit of the person,
24 or payable or otherwise deliverable to the person. Any
25 trust, or portion of a trust, of which a convicted person
26 is a beneficiary, shall be construed as an asset of the
27 person, to the extent that benefits thereunder are
28 required to be paid to the person, or shall in fact be
29 paid to the person. At the time of a legal proceeding by
30 the Attorney General under this Section, if it appears
31 that the committed person has any assets which ought to
32 be subjected to the claim of the Department or a victim
33 under this Section, the court may issue an order
34 requiring any person, corporation, or other legal entity
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1 possessed or having custody of those assets to
2 appropriate any of the assets or a portion thereof toward
3 reimbursing the Department or victim as provided for
4 under this Section. No provision of this Section shall
5 be construed in violation of any State or federal
6 limitation on the collection of money judgments.
7 (4) Nothing in this Section shall preclude the
8 Department from applying federal benefits that are
9 specifically provided for the care and treatment of a
10 committed person toward the cost of care provided by a
11 State facility or private agency.
12 (Source: P.A. 92-564, eff. 1-1-03.)
13 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
14 Sec. 5-5-3. Disposition.
15 (a) Every person convicted of an offense shall be
16 sentenced as provided in this Section.
17 (b) The following options shall be appropriate
18 dispositions, alone or in combination, for all felonies and
19 misdemeanors other than those identified in subsection (c) of
20 this Section:
21 (1) A period of probation.
22 (2) A term of periodic imprisonment.
23 (3) A term of conditional discharge.
24 (4) A term of imprisonment.
25 (5) An order directing the offender to clean up and
26 repair the damage, if the offender was convicted under
27 paragraph (h) of Section 21-1 of the Criminal Code of
28 1961.
29 (6) A fine.
30 (7) An order directing the offender to make
31 restitution to the victim under Section 5-5-6 of this
32 Code.
33 (8) A sentence of participation in a county impact
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1 incarceration program under Section 5-8-1.2 of this Code.
2 Whenever an individual is sentenced for an offense based
3 upon an arrest for a violation of Section 11-501 of the
4 Illinois Vehicle Code, or a similar provision of a local
5 ordinance, and the professional evaluation recommends
6 remedial or rehabilitative treatment or education, neither
7 the treatment nor the education shall be the sole disposition
8 and either or both may be imposed only in conjunction with
9 another disposition. The court shall monitor compliance with
10 any remedial education or treatment recommendations contained
11 in the professional evaluation. Programs conducting alcohol
12 or other drug evaluation or remedial education must be
13 licensed by the Department of Human Services. However, if
14 the individual is not a resident of Illinois, the court may
15 accept an alcohol or other drug evaluation or remedial
16 education program in the state of such individual's
17 residence. Programs providing treatment must be licensed
18 under existing applicable alcoholism and drug treatment
19 licensure standards.
20 In addition to any other fine or penalty required by law,
21 any individual convicted of a violation of Section 11-501 of
22 the Illinois Vehicle Code or a similar provision of local
23 ordinance, whose operation of a motor vehicle while in
24 violation of Section 11-501 or such ordinance proximately
25 caused an incident resulting in an appropriate emergency
26 response, shall be required to make restitution to a public
27 agency for the costs of that emergency response. Such
28 restitution shall not exceed $500 per public agency for each
29 such emergency response. For the purpose of this paragraph,
30 emergency response shall mean any incident requiring a
31 response by: a police officer as defined under Section 1-162
32 of the Illinois Vehicle Code; a fireman carried on the rolls
33 of a regularly constituted fire department; and an ambulance
34 as defined under Section 4.05 of the Emergency Medical
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1 Services (EMS) Systems Act.
2 Neither a fine nor restitution shall be the sole
3 disposition for a felony and either or both may be imposed
4 only in conjunction with another disposition.
5 (c) (1) When a defendant is found guilty of first degree
6 murder the State may either seek a sentence of
7 imprisonment under Section 5-8-1 of this Code, or where
8 appropriate seek a sentence of death under Section 9-1 of
9 the Criminal Code of 1961.
10 (2) A period of probation, a term of periodic
11 imprisonment or conditional discharge shall not be
12 imposed for the following offenses. The court shall
13 sentence the offender to not less than the minimum term
14 of imprisonment set forth in this Code for the following
15 offenses, and may order a fine or restitution or both in
16 conjunction with such term of imprisonment:
17 (A) First degree murder where the death
18 penalty is not imposed.
19 (B) Attempted first degree murder.
20 (C) A Class X felony.
21 (D) A violation of Section 401.1 or 407 of the
22 Illinois Controlled Substances Act, or a violation
23 of subdivision (c)(1) or (c)(2) of Section 401 of
24 that Act which relates to more than 5 grams of a
25 substance containing heroin or cocaine or an analog
26 thereof.
27 (E) A violation of Section 5.1 or 9 of the
28 Cannabis Control Act.
29 (F) A Class 2 or greater felony if the
30 offender had been convicted of a Class 2 or greater
31 felony within 10 years of the date on which the
32 offender committed the offense for which he or she
33 is being sentenced, except as otherwise provided in
34 Section 40-10 of the Alcoholism and Other Drug Abuse
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1 and Dependency Act.
2 (G) Residential burglary, except as otherwise
3 provided in Section 40-10 of the Alcoholism and
4 Other Drug Abuse and Dependency Act.
5 (H) Criminal sexual assault, except as
6 otherwise provided in subsection (e) of this
7 Section.
8 (I) Aggravated battery of a senior citizen.
9 (J) A forcible felony if the offense was
10 related to the activities of an organized gang.
11 Before July 1, 1994, for the purposes of this
12 paragraph, "organized gang" means an association of
13 5 or more persons, with an established hierarchy,
14 that encourages members of the association to
15 perpetrate crimes or provides support to the members
16 of the association who do commit crimes.
17 Beginning July 1, 1994, for the purposes of
18 this paragraph, "organized gang" has the meaning
19 ascribed to it in Section 10 of the Illinois
20 Streetgang Terrorism Omnibus Prevention Act.
21 (K) Vehicular hijacking.
22 (L) A second or subsequent conviction for the
23 offense of hate crime when the underlying offense
24 upon which the hate crime is based is felony
25 aggravated assault or felony mob action.
26 (M) A second or subsequent conviction for the
27 offense of institutional vandalism if the damage to
28 the property exceeds $300.
29 (N) A Class 3 felony violation of paragraph
30 (1) of subsection (a) of Section 2 of the Firearm
31 Owners Identification Card Act.
32 (O) A violation of Section 12-6.1 of the
33 Criminal Code of 1961.
34 (P) A violation of paragraph (1), (2), (3),
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1 (4), (5), or (7) of subsection (a) of Section
2 11-20.1 of the Criminal Code of 1961.
3 (Q) A violation of Section 20-1.2 of the
4 Criminal Code of 1961.
5 (R) A violation of Section 24-3A of the
6 Criminal Code of 1961.
7 (S) A violation of Section 11-501(c-1)(3) of
8 the Illinois Vehicle Code.
9 (3) A minimum term of imprisonment of not less than
10 5 days or 30 days of community service as may be
11 determined by the court shall be imposed for a second
12 violation committed within 5 years of a previous
13 violation of Section 11-501 of the Illinois Vehicle Code
14 or a similar provision of a local ordinance. In the case
15 of a third or subsequent violation committed within 5
16 years of a previous violation of Section 11-501 of the
17 Illinois Vehicle Code or a similar provision of a local
18 ordinance, a minimum term of either 10 days of
19 imprisonment or 60 days of community service shall be
20 imposed.
21 (4) A minimum term of imprisonment of not less than
22 10 consecutive days or 30 days of community service shall
23 be imposed for a violation of paragraph (c) of Section
24 6-303 of the Illinois Vehicle Code.
25 (4.1) A minimum term of 30 consecutive days of
26 imprisonment, 40 days of 24 hour periodic imprisonment or
27 720 hours of community service, as may be determined by
28 the court, shall be imposed for a violation of Section
29 11-501 of the Illinois Vehicle Code during a period in
30 which the defendant's driving privileges are revoked or
31 suspended, where the revocation or suspension was for a
32 violation of Section 11-501 or Section 11-501.1 of that
33 Code.
34 (4.2) Except as provided in paragraph (4.3) of this
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1 subsection (c), a minimum of 100 hours of community
2 service shall be imposed for a second violation of
3 Section 6-303 of the Illinois Vehicle Code.
4 (4.3) A minimum term of imprisonment of 30 days or
5 300 hours of community service, as determined by the
6 court, shall be imposed for a second violation of
7 subsection (c) of Section 6-303 of the Illinois Vehicle
8 Code.
9 (4.4) Except as provided in paragraph (4.5) and
10 paragraph (4.6) of this subsection (c), a minimum term of
11 imprisonment of 30 days or 300 hours of community
12 service, as determined by the court, shall be imposed for
13 a third or subsequent violation of Section 6-303 of the
14 Illinois Vehicle Code.
15 (4.5) A minimum term of imprisonment of 30 days
16 shall be imposed for a third violation of subsection (c)
17 of Section 6-303 of the Illinois Vehicle Code.
18 (4.6) A minimum term of imprisonment of 180 days
19 shall be imposed for a fourth or subsequent violation of
20 subsection (c) of Section 6-303 of the Illinois Vehicle
21 Code.
22 (5) The court may sentence an offender convicted of
23 a business offense or a petty offense or a corporation or
24 unincorporated association convicted of any offense to:
25 (A) a period of conditional discharge;
26 (B) a fine;
27 (C) make restitution to the victim under
28 Section 5-5-6 of this Code.
29 (5.1) In addition to any penalties imposed under
30 paragraph (5) of this subsection (c), and except as
31 provided in paragraph (5.2) or (5.3), a person convicted
32 of violating subsection (c) of Section 11-907 of the
33 Illinois Vehicle Code shall have his or her driver's
34 license, permit, or privileges suspended for at least 90
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1 days but not more than one year, if the violation
2 resulted in damage to the property of another person.
3 (5.2) In addition to any penalties imposed under
4 paragraph (5) of this subsection (c), and except as
5 provided in paragraph (5.3), a person convicted of
6 violating subsection (c) of Section 11-907 of the
7 Illinois Vehicle Code shall have his or her driver's
8 license, permit, or privileges suspended for at least 180
9 days but not more than 2 years, if the violation resulted
10 in injury to another person.
11 (5.3) In addition to any penalties imposed under
12 paragraph (5) of this subsection (c), a person convicted
13 of violating subsection (c) of Section 11-907 of the
14 Illinois Vehicle Code shall have his or her driver's
15 license, permit, or privileges suspended for 2 years, if
16 the violation resulted in the death of another person.
17 (6) In no case shall an offender be eligible for a
18 disposition of probation or conditional discharge for a
19 Class 1 felony committed while he was serving a term of
20 probation or conditional discharge for a felony.
21 (7) When a defendant is adjudged a habitual
22 criminal under Article 33B of the Criminal Code of 1961,
23 the court shall sentence the defendant to a term of
24 natural life imprisonment.
25 (8) When a defendant, over the age of 21 years, is
26 convicted of a Class 1 or Class 2 felony, after having
27 twice been convicted in any state or federal court of an
28 offense that contains the same elements as an offense now
29 classified in Illinois as a Class 2 or greater Class
30 felony and such charges are separately brought and tried
31 and arise out of different series of acts, such defendant
32 shall be sentenced as a Class X offender. This paragraph
33 shall not apply unless (1) the first felony was committed
34 after the effective date of this amendatory Act of 1977;
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1 and (2) the second felony was committed after conviction
2 on the first; and (3) the third felony was committed
3 after conviction on the second. A person sentenced as a
4 Class X offender under this paragraph is not eligible to
5 apply for treatment as a condition of probation as
6 provided by Section 40-10 of the Alcoholism and Other
7 Drug Abuse and Dependency Act.
8 (9) A defendant convicted of a second or subsequent
9 offense of ritualized abuse of a child may be sentenced
10 to a term of natural life imprisonment.
11 (10) When a person is convicted of violating
12 Section 11-501 of the Illinois Vehicle Code or a similar
13 provision of a local ordinance, the following penalties
14 apply when his or her blood, breath, or urine was .16 or
15 more based on the definition of blood, breath, or urine
16 units in Section 11-501.2 or that person is convicted of
17 violating Section 11-501 of the Illinois Vehicle Code
18 while transporting a child under the age of 16:
19 (A) For a first violation of subsection (a) of
20 Section 11-501, in addition to any other penalty
21 that may be imposed under subsection (c) of Section
22 11-501: a mandatory minimum of 100 hours of
23 community service and a minimum fine of $500.
24 (B) For a second violation of subsection (a)
25 of Section 11-501, in addition to any other penalty
26 that may be imposed under subsection (c) of Section
27 11-501 within 10 years: a mandatory minimum of 2
28 days of imprisonment and a minimum fine of $1,250.
29 (C) For a third violation of subsection (a) of
30 Section 11-501, in addition to any other penalty
31 that may be imposed under subsection (c) of Section
32 11-501 within 20 years: a mandatory minimum of 90
33 days of imprisonment and a minimum fine of $2,500.
34 (D) For a fourth or subsequent violation of
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1 subsection (a) of Section 11-501: ineligibility for
2 a sentence of probation or conditional discharge and
3 a minimum fine of $2,500.
4 (d) In any case in which a sentence originally imposed
5 is vacated, the case shall be remanded to the trial court.
6 The trial court shall hold a hearing under Section 5-4-1 of
7 the Unified Code of Corrections which may include evidence of
8 the defendant's life, moral character and occupation during
9 the time since the original sentence was passed. The trial
10 court shall then impose sentence upon the defendant. The
11 trial court may impose any sentence which could have been
12 imposed at the original trial subject to Section 5-5-4 of the
13 Unified Code of Corrections. If a sentence is vacated on
14 appeal or on collateral attack due to the failure of the
15 trier of fact at trial to determine beyond a reasonable doubt
16 the existence of a fact (other than a prior conviction)
17 necessary to increase the punishment for the offense beyond
18 the statutory maximum otherwise applicable, either the
19 defendant may be re-sentenced to a term within the range
20 otherwise provided or, if the State files notice of its
21 intention to again seek the extended sentence, the defendant
22 shall be afforded a new trial.
23 (e) In cases where prosecution for criminal sexual
24 assault or aggravated criminal sexual abuse under Section
25 12-13 or 12-16 of the Criminal Code of 1961 results in
26 conviction of a defendant who was a family member of the
27 victim at the time of the commission of the offense, the
28 court shall consider the safety and welfare of the victim and
29 may impose a sentence of probation only where:
30 (1) the court finds (A) or (B) or both are
31 appropriate:
32 (A) the defendant is willing to undergo a
33 court approved counseling program for a minimum
34 duration of 2 years; or
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1 (B) the defendant is willing to participate in
2 a court approved plan including but not limited to
3 the defendant's:
4 (i) removal from the household;
5 (ii) restricted contact with the victim;
6 (iii) continued financial support of the
7 family;
8 (iv) restitution for harm done to the
9 victim; and
10 (v) compliance with any other measures
11 that the court may deem appropriate; and
12 (2) the court orders the defendant to pay for the
13 victim's counseling services, to the extent that the
14 court finds, after considering the defendant's income and
15 assets, that the defendant is financially capable of
16 paying for such services, if the victim was under 18
17 years of age at the time the offense was committed and
18 requires counseling as a result of the offense.
19 Probation may be revoked or modified pursuant to Section
20 5-6-4; except where the court determines at the hearing that
21 the defendant violated a condition of his or her probation
22 restricting contact with the victim or other family members
23 or commits another offense with the victim or other family
24 members, the court shall revoke the defendant's probation and
25 impose a term of imprisonment.
26 For the purposes of this Section, "family member" and
27 "victim" shall have the meanings ascribed to them in Section
28 12-12 of the Criminal Code of 1961.
29 (f) This Article shall not deprive a court in other
30 proceedings to order a forfeiture of property, to suspend or
31 cancel a license, to remove a person from office, or to
32 impose any other civil penalty.
33 (g) Whenever a defendant is convicted of an offense
34 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
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1 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
2 12-15 or 12-16 of the Criminal Code of 1961, the defendant
3 shall undergo medical testing to determine whether the
4 defendant has any sexually transmissible disease, including a
5 test for infection with human immunodeficiency virus (HIV) or
6 any other identified causative agent of acquired
7 immunodeficiency syndrome (AIDS). Any such medical test
8 shall be performed only by appropriately licensed medical
9 practitioners and may include an analysis of any bodily
10 fluids as well as an examination of the defendant's person.
11 Except as otherwise provided by law, the results of such test
12 shall be kept strictly confidential by all medical personnel
13 involved in the testing and must be personally delivered in a
14 sealed envelope to the judge of the court in which the
15 conviction was entered for the judge's inspection in camera.
16 Acting in accordance with the best interests of the victim
17 and the public, the judge shall have the discretion to
18 determine to whom, if anyone, the results of the testing may
19 be revealed. The court shall notify the defendant of the test
20 results. The court shall also notify the victim if requested
21 by the victim, and if the victim is under the age of 15 and
22 if requested by the victim's parents or legal guardian, the
23 court shall notify the victim's parents or legal guardian of
24 the test results. The court shall provide information on the
25 availability of HIV testing and counseling at Department of
26 Public Health facilities to all parties to whom the results
27 of the testing are revealed and shall direct the State's
28 Attorney to provide the information to the victim when
29 possible. A State's Attorney may petition the court to obtain
30 the results of any HIV test administered under this Section,
31 and the court shall grant the disclosure if the State's
32 Attorney shows it is relevant in order to prosecute a charge
33 of criminal transmission of HIV under Section 12-16.2 of the
34 Criminal Code of 1961 against the defendant. The court shall
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1 order that the cost of any such test shall be paid by the
2 county and may be taxed as costs against the convicted
3 defendant.
4 (g-5) When an inmate is tested for an airborne
5 communicable disease, as determined by the Illinois
6 Department of Public Health including but not limited to
7 tuberculosis, the results of the test shall be personally
8 delivered by the warden or his or her designee in a sealed
9 envelope to the judge of the court in which the inmate must
10 appear for the judge's inspection in camera if requested by
11 the judge. Acting in accordance with the best interests of
12 those in the courtroom, the judge shall have the discretion
13 to determine what if any precautions need to be taken to
14 prevent transmission of the disease in the courtroom.
15 (h) Whenever a defendant is convicted of an offense
16 under Section 1 or 2 of the Hypodermic Syringes and Needles
17 Act, the defendant shall undergo medical testing to determine
18 whether the defendant has been exposed to human
19 immunodeficiency virus (HIV) or any other identified
20 causative agent of acquired immunodeficiency syndrome (AIDS).
21 Except as otherwise provided by law, the results of such test
22 shall be kept strictly confidential by all medical personnel
23 involved in the testing and must be personally delivered in a
24 sealed envelope to the judge of the court in which the
25 conviction was entered for the judge's inspection in camera.
26 Acting in accordance with the best interests of the public,
27 the judge shall have the discretion to determine to whom, if
28 anyone, the results of the testing may be revealed. The court
29 shall notify the defendant of a positive test showing an
30 infection with the human immunodeficiency virus (HIV). The
31 court shall provide information on the availability of HIV
32 testing and counseling at Department of Public Health
33 facilities to all parties to whom the results of the testing
34 are revealed and shall direct the State's Attorney to provide
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1 the information to the victim when possible. A State's
2 Attorney may petition the court to obtain the results of any
3 HIV test administered under this Section, and the court
4 shall grant the disclosure if the State's Attorney shows it
5 is relevant in order to prosecute a charge of criminal
6 transmission of HIV under Section 12-16.2 of the Criminal
7 Code of 1961 against the defendant. The court shall order
8 that the cost of any such test shall be paid by the county
9 and may be taxed as costs against the convicted defendant.
10 (i) All fines and penalties imposed under this Section
11 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
12 Vehicle Code, or a similar provision of a local ordinance,
13 and any violation of the Child Passenger Protection Act, or a
14 similar provision of a local ordinance, shall be collected
15 and disbursed by the circuit clerk as provided under Section
16 27.5 of the Clerks of Courts Act.
17 (j) In cases when prosecution for any violation of
18 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
19 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
20 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
21 12-16 of the Criminal Code of 1961, any violation of the
22 Illinois Controlled Substances Act, or any violation of the
23 Cannabis Control Act results in conviction, a disposition of
24 court supervision, or an order of probation granted under
25 Section 10 of the Cannabis Control Act or Section 410 of the
26 Illinois Controlled Substance Act of a defendant, the court
27 shall determine whether the defendant is employed by a
28 facility or center as defined under the Child Care Act of
29 1969, a public or private elementary or secondary school, or
30 otherwise works with children under 18 years of age on a
31 daily basis. When a defendant is so employed, the court
32 shall order the Clerk of the Court to send a copy of the
33 judgment of conviction or order of supervision or probation
34 to the defendant's employer by certified mail. If the
-19- LRB093 05078 RLC 05138 b
1 employer of the defendant is a school, the Clerk of the Court
2 shall direct the mailing of a copy of the judgment of
3 conviction or order of supervision or probation to the
4 appropriate regional superintendent of schools. The regional
5 superintendent of schools shall notify the State Board of
6 Education of any notification under this subsection.
7 (j-5) A defendant at least 17 years of age who is
8 convicted of a felony and who has not been previously
9 convicted of a misdemeanor or felony and who is sentenced to
10 a term of imprisonment in the Illinois Department of
11 Corrections shall as a condition of his or her sentence be
12 required by the court to attend educational courses designed
13 to prepare the defendant for a high school diploma and to
14 work toward a high school diploma or to work toward passing
15 the high school level Test of General Educational Development
16 (GED) or to work toward completing a vocational training
17 program offered by the Department of Corrections. If a
18 defendant fails to complete the educational training required
19 by his or her sentence during the term of incarceration, the
20 Prisoner Review Board shall, as a condition of mandatory
21 supervised release, require the defendant, at his or her own
22 expense, to pursue a course of study toward a high school
23 diploma or passage of the GED test. The Prisoner Review
24 Board shall revoke the mandatory supervised release of a
25 defendant who wilfully fails to comply with this subsection
26 (j-5) upon his or her release from confinement in a penal
27 institution while serving a mandatory supervised release
28 term; however, the inability of the defendant after making a
29 good faith effort to obtain financial aid or pay for the
30 educational training shall not be deemed a wilful failure to
31 comply. The Prisoner Review Board shall recommit the
32 defendant whose mandatory supervised release term has been
33 revoked under this subsection (j-5) as provided in Section
34 3-3-9. This subsection (j-5) does not apply to a defendant
-20- LRB093 05078 RLC 05138 b
1 who has a high school diploma or has successfully passed the
2 GED test. This subsection (j-5) does not apply to a defendant
3 who is determined by the court to be developmentally disabled
4 or otherwise mentally incapable of completing the educational
5 or vocational program.
6 (k) A court may not impose a sentence or disposition for
7 a felony or misdemeanor that requires the defendant to be
8 implanted or injected with or to use any form of birth
9 control.
10 (l) (A) Except as provided in paragraph (C) of
11 subsection (l), whenever a defendant, who is an alien as
12 defined by the Immigration and Nationality Act, is
13 convicted of any felony or misdemeanor offense, the court
14 after sentencing the defendant may, upon motion of the
15 State's Attorney, hold sentence in abeyance and remand
16 the defendant to the custody of the Attorney General of
17 the United States or his or her designated agent to be
18 deported when:
19 (1) a final order of deportation has been
20 issued against the defendant pursuant to proceedings
21 under the Immigration and Nationality Act, and
22 (2) the deportation of the defendant would not
23 deprecate the seriousness of the defendant's conduct
24 and would not be inconsistent with the ends of
25 justice.
26 Otherwise, the defendant shall be sentenced as
27 provided in this Chapter V.
28 (B) If the defendant has already been sentenced for
29 a felony or misdemeanor offense, or has been placed on
30 probation under Section 10 of the Cannabis Control Act or
31 Section 410 of the Illinois Controlled Substances Act,
32 the court may, upon motion of the State's Attorney to
33 suspend the sentence imposed, commit the defendant to the
34 custody of the Attorney General of the United States or
-21- LRB093 05078 RLC 05138 b
1 his or her designated agent when:
2 (1) a final order of deportation has been
3 issued against the defendant pursuant to proceedings
4 under the Immigration and Nationality Act, and
5 (2) the deportation of the defendant would not
6 deprecate the seriousness of the defendant's conduct
7 and would not be inconsistent with the ends of
8 justice.
9 (C) This subsection (l) does not apply to offenders
10 who are subject to the provisions of paragraph (2) of
11 subsection (a) of Section 3-6-3.
12 (D) Upon motion of the State's Attorney, if a
13 defendant sentenced under this Section returns to the
14 jurisdiction of the United States, the defendant shall be
15 recommitted to the custody of the county from which he or
16 she was sentenced. Thereafter, the defendant shall be
17 brought before the sentencing court, which may impose any
18 sentence that was available under Section 5-5-3 at the
19 time of initial sentencing. In addition, the defendant
20 shall not be eligible for additional good conduct credit
21 for meritorious service as provided under Section 3-6-6.
22 (m) A person convicted of criminal defacement of
23 property under Section 21-1.3 of the Criminal Code of 1961,
24 in which the property damage exceeds $300 and the property
25 damaged is a school building, shall be ordered to perform
26 community service that may include cleanup, removal, or
27 painting over the defacement.
28 (n) A person convicted of an offense that results in
29 injury to a victim shall be ordered to pay for the medical or
30 dental costs incurred by the victim in seeking treatment for
31 those injuries inflicted by the person convicted.
32 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
33 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff.
34 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
-22- LRB093 05078 RLC 05138 b
1 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01;
2 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff.
3 7-19-02.)
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