Full Text of SB2090 94th General Assembly
SB2090enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-6-3 and 5-4-1 as follows:
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (a) (1) The Department of Corrections shall prescribe | 9 |
| rules
and regulations for the early release on account of | 10 |
| good
conduct of persons committed to the Department which | 11 |
| shall
be subject to review by the Prisoner Review Board.
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| (2) The rules and regulations on early release shall | 13 |
| provide, with
respect to offenses committed on or after | 14 |
| June 19, 1998, the following:
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| (i) that a prisoner who is serving a term of | 16 |
| imprisonment for first
degree murder or for the offense | 17 |
| of terrorism shall receive no good conduct
credit and | 18 |
| shall serve the entire
sentence imposed by the court;
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| (ii) that a prisoner serving a sentence for attempt | 20 |
| to commit first
degree murder, solicitation of murder, | 21 |
| solicitation of murder for hire,
intentional homicide | 22 |
| of an unborn child, predatory criminal sexual assault | 23 |
| of a
child, aggravated criminal sexual assault, | 24 |
| criminal sexual assault, aggravated
kidnapping, | 25 |
| aggravated battery with a firearm, heinous battery, | 26 |
| aggravated
battery of a senior citizen, or aggravated | 27 |
| battery of a child shall receive no
more than 4.5 days | 28 |
| of good conduct credit for each month of his or her | 29 |
| sentence
of imprisonment; and
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| (iii) that a prisoner serving a sentence
for home | 31 |
| invasion, armed robbery, aggravated vehicular | 32 |
| hijacking,
aggravated discharge of a firearm, or armed |
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| violence with a category I weapon
or category II | 2 |
| weapon, when the court
has made and entered a finding, | 3 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 4 |
| Code, that the conduct leading to conviction for the | 5 |
| enumerated offense
resulted in great bodily harm to a | 6 |
| victim, shall receive no more than 4.5 days
of good | 7 |
| conduct credit for each month of his or her sentence of | 8 |
| imprisonment.
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| (2.1) For all offenses, other than those enumerated in | 10 |
| subdivision (a)(2)
committed on or after June 19, 1998, and | 11 |
| other than the offense of reckless
homicide as defined in | 12 |
| subsection (e) of Section 9-3 of the Criminal Code of
1961 | 13 |
| committed on or after January 1, 1999,
or aggravated | 14 |
| driving under the influence of alcohol, other drug or | 15 |
| drugs, or
intoxicating compound or compounds, or any | 16 |
| combination thereof as defined in
subparagraph (F) of | 17 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code,
the rules and regulations shall
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| provide that a prisoner who is serving a term of
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| imprisonment shall receive one day of good conduct credit | 21 |
| for each day of
his or her sentence of imprisonment or | 22 |
| recommitment under Section 3-3-9.
Each day of good conduct | 23 |
| credit shall reduce by one day the prisoner's period
of | 24 |
| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life | 26 |
| imprisonment or a
prisoner who has been sentenced to death | 27 |
| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall | 29 |
| provide that
a prisoner who is serving a sentence for | 30 |
| reckless homicide as defined in
subsection (e) of Section | 31 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 32 |
| January 1, 1999, or aggravated driving under the influence | 33 |
| of alcohol,
other drug or drugs, or intoxicating compound | 34 |
| or compounds, or any combination
thereof as defined in | 35 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive |
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| no more than 4.5
days of good conduct credit for each month | 2 |
| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall | 4 |
| provide with
respect to the offenses of aggravated battery | 5 |
| with a machine gun or a firearm
equipped with any device or | 6 |
| attachment designed or used for silencing the
report of a | 7 |
| firearm or aggravated discharge of a machine gun or a | 8 |
| firearm
equipped with any device or attachment designed or | 9 |
| used for silencing the
report of a firearm, committed on or | 10 |
| after
July 15, 1999 ( the effective date of Public Act | 11 |
| 91-121)
this
amendatory Act of 1999 ,
that a prisoner | 12 |
| serving a sentence for any of these offenses shall receive | 13 |
| no
more than 4.5 days of good conduct credit for each month | 14 |
| of his or her sentence
of imprisonment.
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| (2.5) The rules and regulations on early release shall | 16 |
| provide that a
prisoner who is serving a sentence for | 17 |
| aggravated arson committed on or after
July 27, 2001 ( the | 18 |
| effective date of Public Act 92-176)
this
amendatory Act of | 19 |
| the 92nd 93rd General Assembly shall receive no more than
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| 4.5 days of good conduct credit for each month of his or | 21 |
| her sentence of
imprisonment.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good | 24 |
| conduct
credit for meritorious service in specific | 25 |
| instances as the
Director deems proper; except that no more | 26 |
| than 90 days
of good conduct credit for meritorious service
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| shall be awarded to any prisoner who is serving a sentence | 28 |
| for
conviction of first degree murder, reckless homicide | 29 |
| while under the
influence of alcohol or any other drug,
or | 30 |
| aggravated driving under the influence of alcohol, other | 31 |
| drug or drugs, or
intoxicating compound or compounds, or | 32 |
| any combination thereof as defined in
subparagraph (F) of | 33 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| predatory criminal sexual assault of a child,
aggravated | 36 |
| criminal sexual assault, criminal sexual assault, deviate |
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| sexual
assault, aggravated criminal sexual abuse, | 2 |
| aggravated indecent liberties
with a child, indecent | 3 |
| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated | 5 |
| battery of a spouse
with a firearm, stalking, aggravated | 6 |
| stalking, aggravated battery of a child,
endangering the | 7 |
| life or health of a child, cruelty to a child, or narcotic
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| racketeering. Notwithstanding the foregoing, good conduct | 9 |
| credit for
meritorious service shall not be awarded on a
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| sentence of imprisonment imposed for conviction of: (i) one | 11 |
| of the offenses
enumerated in subdivision (a)(2) when the | 12 |
| offense is committed on or after
June 19, 1998, (ii) | 13 |
| reckless homicide as
defined in subsection (e) of Section | 14 |
| 9-3 of the Criminal Code of 1961 when
the offense is | 15 |
| committed on or after January 1, 1999,
or aggravated | 16 |
| driving under the influence of alcohol, other drug or | 17 |
| drugs, or
intoxicating compound or compounds, or any | 18 |
| combination thereof as defined in
subparagraph (F) of | 19 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, (iii) one of the offenses enumerated | 21 |
| in subdivision
(a)(2.4) when the offense is committed on or | 22 |
| after
July 15, 1999 ( the effective date of Public Act | 23 |
| 91-121)
this
amendatory Act of 1999 ,
or (iv) aggravated | 24 |
| arson when the offense is committed
on or after July 27, | 25 |
| 2001 ( the effective date of Public Act 92-176)
this | 26 |
| amendatory Act of the 92nd 93rd General Assembly .
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| (4) The rules and regulations shall also provide that | 28 |
| the good conduct
credit accumulated and retained under | 29 |
| paragraph (2.1) of subsection (a) of
this Section by any | 30 |
| inmate during specific periods of time in which such
inmate | 31 |
| is engaged full-time in substance abuse programs, | 32 |
| correctional
industry assignments, or educational programs | 33 |
| provided by the Department
under this paragraph (4) and | 34 |
| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | 36 |
| multiplied by a factor
of 1.25 for program participation |
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| before August 11, 1993
and 1.50 for program participation | 2 |
| on or after that date.
However, no inmate shall be eligible | 3 |
| for the additional good conduct credit
under this paragraph | 4 |
| (4) while assigned to a boot camp, mental health unit,
or | 5 |
| electronic detention, or if convicted of an offense | 6 |
| enumerated in
paragraph (a)(2) of this Section that is | 7 |
| committed on or after June 19,
1998, or if convicted of | 8 |
| reckless homicide as defined in subsection (e) of
Section | 9 |
| 9-3 of the Criminal Code of 1961 if the offense is | 10 |
| committed on or
after January 1, 1999,
or aggravated | 11 |
| driving under the influence of alcohol, other drug or | 12 |
| drugs, or
intoxicating compound or compounds, or any | 13 |
| combination thereof as defined in
subparagraph (F) of | 14 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, or if convicted of an offense | 16 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 17 |
| committed on or after
July 15, 1999 ( the effective date of | 18 |
| Public Act 91-121)
this
amendatory Act of 1999 ,
or first | 19 |
| degree murder, a Class X felony, criminal sexual
assault, | 20 |
| felony criminal sexual abuse, aggravated criminal sexual | 21 |
| abuse,
aggravated battery with a firearm, or any | 22 |
| predecessor or successor offenses
with the same or | 23 |
| substantially the same elements, or any inchoate offenses
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| relating to the foregoing offenses. No inmate shall be | 25 |
| eligible for the
additional good conduct credit under this | 26 |
| paragraph (4) who (i) has previously
received increased | 27 |
| good conduct credit under this paragraph (4) and has
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| subsequently been convicted of a
felony, or (ii) has | 29 |
| previously served more than one prior sentence of
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| imprisonment for a felony in an adult correctional | 31 |
| facility.
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| Educational, vocational, substance abuse and | 33 |
| correctional
industry programs under which good conduct | 34 |
| credit may be increased under
this paragraph (4) shall be | 35 |
| evaluated by the Department on the basis of
documented | 36 |
| standards. The Department shall report the results of these
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| evaluations to the Governor and the General Assembly by | 2 |
| September 30th of each
year. The reports shall include data | 3 |
| relating to the recidivism rate among
program | 4 |
| participants.
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| Availability of these programs shall be subject to the
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| limits of fiscal resources appropriated by the General | 7 |
| Assembly for these
purposes. Eligible inmates who are | 8 |
| denied immediate admission shall be
placed on a waiting | 9 |
| list under criteria established by the Department.
The | 10 |
| inability of any inmate to become engaged in any such | 11 |
| programs
by reason of insufficient program resources or for | 12 |
| any other reason
established under the rules and | 13 |
| regulations of the Department shall not be
deemed a cause | 14 |
| of action under which the Department or any employee or
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| agent of the Department shall be liable for damages to the | 16 |
| inmate.
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| (4.5) The rules and regulations on early release shall | 18 |
| also provide that
when the court's sentencing order | 19 |
| recommends a prisoner for substance abuse treatment
a | 20 |
| prisoner who is serving a sentence for a crime committed as | 21 |
| a result of the
use of, abuse of, or addiction to alcohol | 22 |
| or a controlled substance and the
crime was committed on or | 23 |
| after September 1, 2003 ( the effective date of
Public Act | 24 |
| 93-354), the prisoner shall receive no good conduct credit | 25 |
| awarded under clause (3) of this subsection (a) unless
this | 26 |
| Amendatory Act of the 93rd General Assembly
shall receive | 27 |
| no good conduct credit until he or she participates in and
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| completes a substance abuse treatment program. The | 29 |
| Director may waive the requirement to participate in or | 30 |
| complete a substance abuse treatment program and award the | 31 |
| good conduct credit in specific instances if the prisoner | 32 |
| is not a good candidate for a substance abuse treatment | 33 |
| program for medical, programming or operational reasons.
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| Good conduct credit awarded
under clauses (2), (3), and (4) | 35 |
| of this subsection (a) for crimes committed on
or after
the | 36 |
| effective date of this amendatory Act of
the 93rd General |
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| Assembly is subject to the provisions of this clause (4.5).
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| If the prisoner completes a substance abuse treatment | 3 |
| program, the Department
may award good conduct credit for | 4 |
| the time spent in treatment. Availability of
substance | 5 |
| abuse treatment shall be subject to the limits of fiscal | 6 |
| resources
appropriated by the General Assembly for these | 7 |
| purposes. If treatment is not
available and the requirement | 8 |
| to participate and complete the treatment has not been | 9 |
| waived by the Director , the prisoner shall be placed on a | 10 |
| waiting list under criteria
established by the Department. | 11 |
| The Director
Department may allow
require a prisoner placed | 12 |
| on
a waiting list to participate in and complete
attend a | 13 |
| substance abuse education class or attend substance
abuse | 14 |
| self-help meetings in lieu of a substance abuse treatment | 15 |
| program. A prisoner on a waiting list who is not placed in | 16 |
| a substance abuse program prior to release may be eligible | 17 |
| for a waiver and receive good conduct credit under clause | 18 |
| (3) of this subsection (a) at the discretion of the | 19 |
| Director . A prisoner may not lose good conduct credit as a
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| result of being placed on a waiting list. A prisoner placed | 21 |
| on a waiting list
remains eligible for increased good | 22 |
| conduct credit for participation in an
educational, | 23 |
| vocational, or correctional industry program under clause | 24 |
| (4) of
subsection (a) of this Section.
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| (5) Whenever the Department is to release any inmate | 26 |
| earlier than it
otherwise would because of a grant of good | 27 |
| conduct credit for meritorious
service given at any time | 28 |
| during the term, the Department shall give
reasonable | 29 |
| advance notice of the impending release to the State's
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| Attorney of the county where the prosecution of the inmate | 31 |
| took place.
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| (b) Whenever a person is or has been committed under
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| several convictions, with separate sentences, the sentences
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| shall be construed under Section 5-8-4 in granting and
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| forfeiting of good time.
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| (c) The Department shall prescribe rules and regulations
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| for revoking good conduct credit, or suspending or reducing
the | 2 |
| rate of accumulation of good conduct credit for specific
rule | 3 |
| violations, during imprisonment. These rules and regulations
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| shall provide that no inmate may be penalized more than one
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| year of good conduct credit for any one infraction.
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| When the Department seeks to revoke, suspend or reduce
the | 7 |
| rate of accumulation of any good conduct credits for
an alleged | 8 |
| infraction of its rules, it shall bring charges
therefor | 9 |
| against the prisoner sought to be so deprived of
good conduct | 10 |
| credits before the Prisoner Review Board as
provided in | 11 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 12 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 13 |
| month period, the cumulative amount of
credit revoked exceeds | 14 |
| 30 days except where the infraction is committed
or discovered | 15 |
| within 60 days of scheduled release. In those cases,
the | 16 |
| Department of Corrections may revoke up to 30 days of good | 17 |
| conduct credit.
The Board may subsequently approve the | 18 |
| revocation of additional good
conduct credit, if the Department | 19 |
| seeks to revoke good conduct credit in
excess of 30 days. | 20 |
| However, the Board shall not be empowered to review the
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| Department's decision with respect to the loss of 30 days of | 22 |
| good conduct
credit within any calendar year for any prisoner | 23 |
| or to increase any penalty
beyond the length requested by the | 24 |
| Department.
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| The Director of the Department of Corrections, in | 26 |
| appropriate cases, may
restore up to 30 days good conduct | 27 |
| credits which have been revoked, suspended
or reduced. Any | 28 |
| restoration of good conduct credits in excess of 30 days shall
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| be subject to review by the Prisoner Review Board. However, the | 30 |
| Board may not
restore good conduct credit in excess of the | 31 |
| amount requested by the Director.
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| Nothing contained in this Section shall prohibit the | 33 |
| Prisoner Review Board
from ordering, pursuant to Section | 34 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 35 |
| sentence imposed by the court that was not served due to the
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| accumulation of good conduct credit.
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| (d) If a lawsuit is filed by a prisoner in an Illinois or | 2 |
| federal court
against the State, the Department of Corrections, | 3 |
| or the Prisoner Review Board,
or against any of
their officers | 4 |
| or employees, and the court makes a specific finding that a
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| pleading, motion, or other paper filed by the prisoner is | 6 |
| frivolous, the
Department of Corrections shall conduct a | 7 |
| hearing to revoke up to
180 days of good conduct credit by | 8 |
| bringing charges against the prisoner
sought to be deprived of | 9 |
| the good conduct credits before the Prisoner Review
Board as | 10 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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| If the prisoner has not accumulated 180 days of good conduct | 12 |
| credit at the
time of the finding, then the Prisoner Review | 13 |
| Board may revoke all
good conduct credit accumulated by the | 14 |
| prisoner.
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| For purposes of this subsection (d):
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| (1) "Frivolous" means that a pleading, motion, or other | 17 |
| filing which
purports to be a legal document filed by a | 18 |
| prisoner in his or her lawsuit meets
any or all of the | 19 |
| following criteria:
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| (A) it lacks an arguable basis either in law or in | 21 |
| fact;
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| (B) it is being presented for any improper purpose, | 23 |
| such as to harass or
to cause unnecessary delay or | 24 |
| needless increase in the cost of litigation;
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| (C) the claims, defenses, and other legal | 26 |
| contentions therein are not
warranted by existing law | 27 |
| or by a nonfrivolous argument for the extension,
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| modification, or reversal of existing law or the | 29 |
| establishment of new law;
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| (D) the allegations and other factual contentions | 31 |
| do not have
evidentiary
support or, if specifically so | 32 |
| identified, are not likely to have evidentiary
support | 33 |
| after a reasonable opportunity for further | 34 |
| investigation or discovery;
or
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| (E) the denials of factual contentions are not | 36 |
| warranted on the
evidence, or if specifically so |
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| identified, are not reasonably based on a lack
of | 2 |
| information or belief.
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| (2) "Lawsuit" means a petition for post-conviction | 4 |
| relief under Article
122 of the Code of Criminal Procedure | 5 |
| of 1963, a motion pursuant to Section
116-3 of the Code of | 6 |
| Criminal Procedure of 1963, a habeas corpus action under
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| Article X of the Code of Civil Procedure or under federal | 8 |
| law (28 U.S.C. 2254),
a petition for claim under the Court | 9 |
| of Claims Act or an action under the
federal Civil Rights | 10 |
| Act (42 U.S.C. 1983).
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| (e) Nothing in Public Act 90-592 or 90-593
this amendatory | 12 |
| Act of
1998 affects the validity of Public Act 89-404.
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| (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | 14 |
| 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
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| (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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| Sec. 5-4-1. Sentencing Hearing.
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| (a) Except when the death penalty is
sought under hearing | 18 |
| procedures otherwise specified, after a
determination of | 19 |
| guilt, a hearing shall be held to impose the sentence.
However, | 20 |
| prior to the imposition of sentence on an individual being
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| sentenced for an offense based upon a charge for a violation of | 22 |
| Section
11-501 of the Illinois Vehicle Code or a similar | 23 |
| provision of a local
ordinance, the individual must undergo a | 24 |
| professional evaluation to
determine if an alcohol or other | 25 |
| drug abuse problem exists and the extent
of such a problem. | 26 |
| Programs conducting these evaluations shall be
licensed by the | 27 |
| Department of Human Services. However, if the individual is
not | 28 |
| a resident of Illinois, the court
may, in its discretion, | 29 |
| accept an evaluation from a program in the state of
such | 30 |
| individual's residence. The court may in its sentencing order | 31 |
| approve an
eligible defendant for placement in a Department of | 32 |
| Corrections impact
incarceration program as provided in | 33 |
| Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 34 |
| order recommend a defendant for placement in a Department of | 35 |
| Corrections substance abuse treatment program as provided in |
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| paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 2 |
| upon the defendant being accepted in a program by the | 3 |
| Department of Corrections. At the
hearing the court
shall:
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| (1) consider the evidence, if any, received upon the | 5 |
| trial;
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| (2) consider any presentence reports;
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| (3) consider the financial impact of incarceration | 8 |
| based on the
financial impact statement filed with the | 9 |
| clerk of the court by the
Department of Corrections;
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| (4) consider evidence and information offered by the | 11 |
| parties in
aggravation and mitigation; | 12 |
| (4.5) consider substance abuse treatment, eligibility | 13 |
| screening, and an assessment, if any, of the defendant by | 14 |
| an agent designated by the State of Illinois to provide | 15 |
| assessment services for the Illinois courts;
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| (5) hear arguments as to sentencing alternatives;
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| (6) afford the defendant the opportunity to make a | 18 |
| statement in his
own behalf;
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| (7) afford the victim of a violent crime or a violation | 20 |
| of Section
11-501 of the Illinois Vehicle Code, or a | 21 |
| similar provision of a local
ordinance, or a qualified | 22 |
| individual affected by: (i) a violation of Section
405, | 23 |
| 405.1, 405.2, or 407 of the Illinois Controlled Substances | 24 |
| Act,
or (ii) a Class 4 felony violation of Section 11-14, | 25 |
| 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code | 26 |
| of 1961,
committed by the defendant the opportunity to make | 27 |
| a statement
concerning the impact on the victim and to | 28 |
| offer evidence in aggravation or
mitigation; provided that | 29 |
| the statement and evidence offered in aggravation
or | 30 |
| mitigation must first be prepared in writing in conjunction | 31 |
| with the
State's Attorney before it may be presented orally | 32 |
| at the hearing. Any
sworn testimony offered by the victim | 33 |
| is subject to the defendant's right
to cross-examine. All | 34 |
| statements and evidence offered under this paragraph
(7) | 35 |
| shall become part of the record of the court. For the | 36 |
| purpose of this
paragraph (7), "qualified individual" |
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| means any person who (i) lived or worked
within the | 2 |
| territorial jurisdiction where the offense took place when | 3 |
| the
offense took place;
and (ii) is familiar with various | 4 |
| public places within the territorial
jurisdiction where
| 5 |
| the offense took place when the offense took place. For the | 6 |
| purposes of
this paragraph (7), "qualified individual" | 7 |
| includes any peace officer,
or any member of any duly | 8 |
| organized State, county, or municipal peace unit
assigned | 9 |
| to the territorial jurisdiction where the offense took | 10 |
| place when the
offense took
place;
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| (8) in cases of reckless homicide afford the victim's | 12 |
| spouse,
guardians, parents or other immediate family | 13 |
| members an opportunity to make
oral statements; and
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| (9) in cases involving a felony sex offense as defined | 15 |
| under the Sex
Offender
Management Board Act, consider the | 16 |
| results of the sex offender evaluation
conducted pursuant | 17 |
| to Section 5-3-2 of this Act.
| 18 |
| (b) All sentences shall be imposed by the judge based upon | 19 |
| his
independent assessment of the elements specified above and | 20 |
| any agreement
as to sentence reached by the parties. The judge | 21 |
| who presided at the
trial or the judge who accepted the plea of | 22 |
| guilty shall impose the
sentence unless he is no longer sitting | 23 |
| as a judge in that court. Where
the judge does not impose | 24 |
| sentence at the same time on all defendants
who are convicted | 25 |
| as a result of being involved in the same offense, the
| 26 |
| defendant or the State's Attorney may advise the sentencing | 27 |
| court of the
disposition of any other defendants who have been | 28 |
| sentenced.
| 29 |
| (c) In imposing a sentence for a violent crime or for an | 30 |
| offense of
operating or being in physical control of a vehicle | 31 |
| while under the
influence of alcohol, any other drug or any | 32 |
| combination thereof, or a
similar provision of a local | 33 |
| ordinance, when such offense resulted in the
personal injury to | 34 |
| someone other than the defendant, the trial judge shall
specify | 35 |
| on the record the particular evidence, information, factors in
| 36 |
| mitigation and aggravation or other reasons that led to his |
|
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| sentencing
determination. The full verbatim record of the | 2 |
| sentencing hearing shall be
filed with the clerk of the court | 3 |
| and shall be a public record.
| 4 |
| (c-1) In imposing a sentence for the offense of aggravated | 5 |
| kidnapping for
ransom, home invasion, armed robbery, | 6 |
| aggravated vehicular hijacking,
aggravated discharge of a | 7 |
| firearm, or armed violence with a category I weapon
or category | 8 |
| II weapon,
the trial judge shall make a finding as to whether | 9 |
| the conduct leading to
conviction for the offense resulted in | 10 |
| great bodily harm to a victim, and
shall enter that finding and | 11 |
| the basis for that finding in the record.
| 12 |
| (c-2) If the defendant is sentenced to prison, other than | 13 |
| when a sentence of
natural life imprisonment or a sentence of | 14 |
| death is imposed, at the time
the sentence is imposed the judge | 15 |
| shall
state on the record in open court the approximate period | 16 |
| of time the defendant
will serve in custody according to the | 17 |
| then current statutory rules and
regulations for early release | 18 |
| found in Section 3-6-3 and other related
provisions of this | 19 |
| Code. This statement is intended solely to inform the
public, | 20 |
| has no legal effect on the defendant's actual release, and may | 21 |
| not be
relied on by the defendant on appeal.
| 22 |
| The judge's statement, to be given after pronouncing the | 23 |
| sentence, other than
when the sentence is imposed for one of | 24 |
| the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | 25 |
| shall include the following:
| 26 |
| "The purpose of this statement is to inform the public of | 27 |
| the actual period
of time this defendant is likely to spend in | 28 |
| prison as a result of this
sentence. The actual period of | 29 |
| prison time served is determined by the
statutes of Illinois as | 30 |
| applied to this sentence by the Illinois Department of
| 31 |
| Corrections and
the Illinois Prisoner Review Board. In this | 32 |
| case, assuming the defendant
receives all of his or her good | 33 |
| conduct credit, the period of estimated actual
custody is ... | 34 |
| years and ... months, less up to 180 days additional good
| 35 |
| conduct credit for meritorious service. If the defendant, | 36 |
| because of his or
her own misconduct or failure to comply with |
|
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| the institutional regulations,
does not receive those credits, | 2 |
| the actual time served in prison will be
longer. The defendant | 3 |
| may also receive an additional one-half day good conduct
credit | 4 |
| for each day of participation in vocational, industry, | 5 |
| substance abuse,
and educational programs as provided for by | 6 |
| Illinois statute."
| 7 |
| When the sentence is imposed for one of the offenses | 8 |
| enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 9 |
| when the sentence is imposed for one of the
offenses enumerated | 10 |
| in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 11 |
| 19, 1998, and other than when the sentence is imposed for
| 12 |
| reckless homicide as defined in subsection (e) of Section 9-3 | 13 |
| of the Criminal
Code of 1961 if the offense was committed on or | 14 |
| after January 1, 1999, and
other than when the sentence is | 15 |
| imposed for aggravated arson if the offense was
committed on or | 16 |
| after July 27, 2001 ( the effective date of Public Act
92-176)
| 17 |
| this amendatory Act of the 92nd 93rd General Assembly , the
| 18 |
| judge's statement, to be given after pronouncing the sentence, | 19 |
| shall include
the following:
| 20 |
| "The purpose of this statement is to inform the public of | 21 |
| the actual period
of time this defendant is likely to spend in | 22 |
| prison as a result of this
sentence. The actual period of | 23 |
| prison time served is determined by the
statutes of Illinois as | 24 |
| applied to this sentence by the Illinois Department of
| 25 |
| Corrections and the Illinois Prisoner Review Board. In this | 26 |
| case,
assuming the defendant
receives all of his or her good | 27 |
| conduct credit, the period of estimated actual
custody is ... | 28 |
| years and ... months, less up to 90 days additional good
| 29 |
| conduct credit for meritorious service. If the defendant, | 30 |
| because of his or
her own misconduct or failure to comply with | 31 |
| the institutional regulations,
does not receive those credits, | 32 |
| the actual time served in prison will be
longer. The defendant | 33 |
| may also receive an additional one-half day good conduct
credit | 34 |
| for each day of participation in vocational, industry, | 35 |
| substance abuse,
and educational programs as provided for by | 36 |
| Illinois statute."
|
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| When the sentence is imposed for one of the offenses | 2 |
| enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 3 |
| first degree murder, and the offense was
committed on or after | 4 |
| June 19, 1998, and when the sentence is imposed for
reckless | 5 |
| homicide as defined in subsection (e) of Section 9-3 of the | 6 |
| Criminal
Code of 1961 if the offense was committed on or after | 7 |
| January 1, 1999,
and when the sentence is imposed for | 8 |
| aggravated driving under the influence
of alcohol, other drug | 9 |
| or drugs, or intoxicating compound or compounds, or
any | 10 |
| combination thereof as defined in subparagraph (F) of paragraph | 11 |
| (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | 12 |
| Code, and when
the sentence is imposed for aggravated arson if | 13 |
| the offense was committed
on or after July 27, 2001 ( the | 14 |
| effective date of Public Act 92-176)
this amendatory Act of the | 15 |
| 92nd 93rd General Assembly , the judge's
statement, to be given | 16 |
| after pronouncing the sentence, shall include the
following:
| 17 |
| "The purpose of this statement is to inform the public of | 18 |
| the actual period
of time this defendant is likely to spend in | 19 |
| prison as a result of this
sentence. The actual period of | 20 |
| prison time served is determined by the
statutes of Illinois as | 21 |
| applied to this sentence by the Illinois Department of
| 22 |
| Corrections and
the Illinois Prisoner Review Board. In this | 23 |
| case,
the defendant is entitled to no more than 4 1/2 days of | 24 |
| good conduct credit for
each month of his or her sentence of | 25 |
| imprisonment. Therefore, this defendant
will serve at least 85% | 26 |
| of his or her sentence. Assuming the defendant
receives 4 1/2 | 27 |
| days credit for each month of his or her sentence, the period
| 28 |
| of estimated actual custody is ... years and ... months. If the | 29 |
| defendant,
because of his or her own misconduct or failure to | 30 |
| comply with the
institutional regulations receives lesser | 31 |
| credit, the actual time served in
prison will be longer."
| 32 |
| When a sentence of imprisonment is imposed for first degree | 33 |
| murder and
the offense was committed on or after June 19, 1998, | 34 |
| the judge's statement,
to be given after pronouncing the | 35 |
| sentence, shall include the following:
| 36 |
| "The purpose of this statement is to inform the public of |
|
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| the actual period
of time this defendant is likely to spend in | 2 |
| prison as a result of this
sentence. The actual period of | 3 |
| prison time served is determined by the
statutes of Illinois as | 4 |
| applied to this sentence by the Illinois Department
of | 5 |
| Corrections and the Illinois Prisoner Review Board. In this | 6 |
| case, the
defendant is not entitled to good conduct credit. | 7 |
| Therefore, this defendant
will serve 100% of his or her | 8 |
| sentence."
| 9 |
| When the sentencing order recommends placement in a | 10 |
| substance abuse program
sentence is imposed for any offense | 11 |
| that results in incarceration
in a Department of Corrections | 12 |
| facility committed as a result of the use of,
abuse of, or | 13 |
| addiction to alcohol or a controlled substance and the crime | 14 |
| was
committed on or after September 1, 2003 ( the effective date | 15 |
| of Public Act
93-354)
this amendatory Act of the 93rd General | 16 |
| Assembly , the judge's
statement, in addition to any other | 17 |
| judge's statement required under this
Section, to be given | 18 |
| after pronouncing the sentence, shall include the
following:
| 19 |
| "The purpose of this statement is to inform the public of
| 20 |
| the actual period of time this defendant is likely to spend in
| 21 |
| prison as a result of this sentence. The actual period of
| 22 |
| prison time served is determined by the statutes of Illinois as
| 23 |
| applied to this sentence by the Illinois Department of
| 24 |
| Corrections and the Illinois Prisoner Review Board. In this
| 25 |
| case, the defendant shall receive no good conduct credit under | 26 |
| clause (3) of subsection (a) of Section 3-6-3 until he or
she | 27 |
| participates in and completes a substance abuse treatment | 28 |
| program or receives a waiver from the Director of Corrections | 29 |
| pursuant to clause (4.5) of subsection (a) of Section 3-6-3 ."
| 30 |
| (d) When the defendant is committed to the Department of
| 31 |
| Corrections, the State's Attorney shall and counsel for the | 32 |
| defendant
may file a statement with the clerk of the court to | 33 |
| be transmitted to
the department, agency or institution to | 34 |
| which the defendant is
committed to furnish such department, | 35 |
| agency or institution with the
facts and circumstances of the | 36 |
| offense for which the person was
committed together with all |
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| other factual information accessible to them
in regard to the | 2 |
| person prior to his commitment relative to his habits,
| 3 |
| associates, disposition and reputation and any other facts and
| 4 |
| circumstances which may aid such department, agency or | 5 |
| institution
during its custody of such person. The clerk shall | 6 |
| within 10 days after
receiving any such statements transmit a | 7 |
| copy to such department, agency
or institution and a copy to | 8 |
| the other party, provided, however, that
this shall not be | 9 |
| cause for delay in conveying the person to the
department, | 10 |
| agency or institution to which he has been committed.
| 11 |
| (e) The clerk of the court shall transmit to the | 12 |
| department,
agency or institution, if any, to which the | 13 |
| defendant is committed, the
following:
| 14 |
| (1) the sentence imposed;
| 15 |
| (2) any statement by the court of the basis for | 16 |
| imposing the sentence;
| 17 |
| (3) any presentence reports;
| 18 |
| (3.5) any sex offender evaluations;
| 19 |
| (3.6) any substance abuse treatment eligibility | 20 |
| screening and assessment of the defendant by an agent | 21 |
| designated by the State of Illinois to provide assessment | 22 |
| services for the Illinois courts;
| 23 |
| (4) the number of days, if any, which the defendant has | 24 |
| been in
custody and for which he is entitled to credit | 25 |
| against the sentence,
which information shall be provided | 26 |
| to the clerk by the sheriff;
| 27 |
| (4.1) any finding of great bodily harm made by the | 28 |
| court with respect
to an offense enumerated in subsection | 29 |
| (c-1);
| 30 |
| (5) all statements filed under subsection (d) of this | 31 |
| Section;
| 32 |
| (6) any medical or mental health records or summaries | 33 |
| of the defendant;
| 34 |
| (7) the municipality where the arrest of the offender | 35 |
| or the commission
of the offense has occurred, where such | 36 |
| municipality has a population of
more than 25,000 persons;
|
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| (8) all statements made and evidence offered under | 2 |
| paragraph (7) of
subsection (a) of this Section; and
| 3 |
| (9) all additional matters which the court directs the | 4 |
| clerk to
transmit.
| 5 |
| (Source: P.A. 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; | 6 |
| 93-213, eff.
7-18-03; 93-317, eff. 1-1-04; 93-354, eff. 9-1-03; | 7 |
| 93-616, eff. 1-1-04; revised 12-9-03.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|