Full Text of HB4776 96th General Assembly
HB4776enr 96TH GENERAL ASSEMBLY
|
|
|
HB4776 Enrolled |
|
LRB096 17102 RLC 32426 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-6-3 and 5-4-1 as follows:
| 6 |
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
| 8 |
| (a) (1) The Department of Corrections shall 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.
| 12 |
| (2) The rules and regulations on early release shall | 13 |
| provide, with
respect to offenses listed in clause (i), | 14 |
| (ii), or (iii) of this paragraph (2) committed on or after | 15 |
| June 19, 1998 or with respect to the offense listed in | 16 |
| clause (iv) of this paragraph (2) committed on or after | 17 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 18 |
| with
respect to offense listed in clause (vi)
committed on | 19 |
| or after June 1, 2008 (the effective date of Public Act | 20 |
| 95-625)
or with respect to the offense of being an armed | 21 |
| habitual criminal committed on or after August 2, 2005 (the | 22 |
| effective date of Public Act 94-398) or with respect to the | 23 |
| offenses listed in clause (v) of this paragraph (2) |
|
|
|
HB4776 Enrolled |
- 2 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| committed on or after August 13, 2007 (the effective date | 2 |
| of Public Act 95-134), the following:
| 3 |
| (i) that a prisoner who is serving a term of | 4 |
| imprisonment for first
degree murder or for the offense | 5 |
| of terrorism shall receive no good conduct
credit and | 6 |
| shall serve the entire
sentence imposed by the court;
| 7 |
| (ii) that a prisoner serving a sentence for attempt | 8 |
| to commit first
degree murder, solicitation of murder, | 9 |
| solicitation of murder for hire,
intentional homicide | 10 |
| of an unborn child, predatory criminal sexual assault | 11 |
| of a
child, aggravated criminal sexual assault, | 12 |
| criminal sexual assault, aggravated
kidnapping, | 13 |
| aggravated battery with a firearm, heinous battery, | 14 |
| being an armed habitual criminal, aggravated
battery | 15 |
| of a senior citizen, or aggravated battery of a child | 16 |
| shall receive no
more than 4.5 days of good conduct | 17 |
| credit for each month of his or her sentence
of | 18 |
| imprisonment;
| 19 |
| (iii) that a prisoner serving a sentence
for home | 20 |
| invasion, armed robbery, aggravated vehicular | 21 |
| hijacking,
aggravated discharge of a firearm, or armed | 22 |
| violence with a category I weapon
or category II | 23 |
| weapon, when the court
has made and entered a finding, | 24 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 25 |
| Code, that the conduct leading to conviction for the | 26 |
| enumerated offense
resulted in great bodily harm to a |
|
|
|
HB4776 Enrolled |
- 3 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| victim, shall receive no more than 4.5 days
of good | 2 |
| conduct credit for each month of his or her sentence of | 3 |
| imprisonment;
| 4 |
| (iv) that a prisoner serving a sentence for | 5 |
| aggravated discharge of a firearm, whether or not the | 6 |
| conduct leading to conviction for the offense resulted | 7 |
| in great bodily harm to the victim, shall receive no | 8 |
| more than 4.5 days of good conduct credit for each | 9 |
| month of his or her sentence of imprisonment;
| 10 |
| (v) that a person serving a sentence for | 11 |
| gunrunning, narcotics racketeering, controlled | 12 |
| substance trafficking, methamphetamine trafficking, | 13 |
| drug-induced homicide, aggravated | 14 |
| methamphetamine-related child endangerment, money | 15 |
| laundering pursuant to clause (c) (4) or (5) of Section | 16 |
| 29B-1 of the Criminal Code of 1961, or a Class X felony | 17 |
| conviction for delivery of a controlled substance, | 18 |
| possession of a controlled substance with intent to | 19 |
| manufacture or deliver, calculated criminal drug | 20 |
| conspiracy, criminal drug conspiracy, street gang | 21 |
| criminal drug conspiracy, participation in | 22 |
| methamphetamine manufacturing, aggravated | 23 |
| participation in methamphetamine manufacturing, | 24 |
| delivery of methamphetamine, possession with intent to | 25 |
| deliver methamphetamine, aggravated delivery of | 26 |
| methamphetamine, aggravated possession with intent to |
|
|
|
HB4776 Enrolled |
- 4 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| deliver methamphetamine, methamphetamine conspiracy | 2 |
| when the substance containing the controlled substance | 3 |
| or methamphetamine is 100 grams or more shall receive | 4 |
| no more than 7.5 days good conduct credit for each | 5 |
| month of his or her sentence of imprisonment; and
| 6 |
| (vi)
that a prisoner serving a sentence for a | 7 |
| second or subsequent offense of luring a minor shall | 8 |
| receive no more than 4.5 days of good conduct credit | 9 |
| for each month of his or her sentence of imprisonment.
| 10 |
| (2.1) For all offenses, other than those enumerated in | 11 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 12 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 13 |
| after June 23, 2005 (the effective date of Public Act | 14 |
| 94-71) or subdivision (a)(2)(v) committed on or after | 15 |
| August 13, 2007 (the effective date of Public Act 95-134)
| 16 |
| or subdivision (a)(2)(vi) committed on or after June 1, | 17 |
| 2008 (the effective date of Public Act 95-625), and other | 18 |
| than the offense of reckless
homicide as defined in | 19 |
| subsection (e) of Section 9-3 of the Criminal Code of
1961 | 20 |
| committed on or after January 1, 1999,
or aggravated | 21 |
| driving under the influence of alcohol, other drug or | 22 |
| drugs, or
intoxicating compound or compounds, or any | 23 |
| combination thereof as defined in
subparagraph (F) of | 24 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 25 |
| Illinois Vehicle Code,
and other than the offense of | 26 |
| aggravated driving under the influence of alcohol,
other |
|
|
|
HB4776 Enrolled |
- 5 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| drug or drugs, or intoxicating compound or compounds, or | 2 |
| any combination
thereof as defined in subparagraph (C) of | 3 |
| paragraph (1) of subsection (d) of
Section 11-501 of the | 4 |
| Illinois Vehicle Code committed on or after the effective | 5 |
| date of this amendatory Act of the 96th General Assembly, | 6 |
| the rules and regulations shall
provide that a prisoner who | 7 |
| is serving a term of
imprisonment shall receive one day of | 8 |
| good conduct credit for each day of
his or her sentence of | 9 |
| imprisonment or recommitment under Section 3-3-9.
Each day | 10 |
| of good conduct credit shall reduce by one day the | 11 |
| prisoner's period
of imprisonment or recommitment under | 12 |
| Section 3-3-9.
| 13 |
| (2.2) A prisoner serving a term of natural life | 14 |
| imprisonment or a
prisoner who has been sentenced to death | 15 |
| shall receive no good conduct
credit.
| 16 |
| (2.3) The rules and regulations on early release shall | 17 |
| provide that
a prisoner who is serving a sentence for | 18 |
| reckless homicide as defined in
subsection (e) of Section | 19 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 20 |
| January 1, 1999, or aggravated driving under the influence | 21 |
| of alcohol,
other drug or drugs, or intoxicating compound | 22 |
| or compounds, or any combination
thereof as defined in | 23 |
| subparagraph (F) of paragraph (1) of subsection (d) of
| 24 |
| Section 11-501 of the Illinois Vehicle Code, shall receive | 25 |
| no more than 4.5
days of good conduct credit for each month | 26 |
| of his or her sentence of
imprisonment.
|
|
|
|
HB4776 Enrolled |
- 6 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| (2.4) The rules and regulations on early release shall | 2 |
| provide with
respect to the offenses of aggravated battery | 3 |
| with a machine gun or a firearm
equipped with any device or | 4 |
| attachment designed or used for silencing the
report of a | 5 |
| firearm or aggravated discharge of a machine gun or a | 6 |
| firearm
equipped with any device or attachment designed or | 7 |
| used for silencing the
report of a firearm, committed on or | 8 |
| after
July 15, 1999 (the effective date of Public Act | 9 |
| 91-121),
that a prisoner serving a sentence for any of | 10 |
| these offenses shall receive no
more than 4.5 days of good | 11 |
| conduct credit for each month of his or her sentence
of | 12 |
| imprisonment.
| 13 |
| (2.5) The rules and regulations on early release shall | 14 |
| provide that a
prisoner who is serving a sentence for | 15 |
| aggravated arson committed on or after
July 27, 2001 (the | 16 |
| effective date of Public Act 92-176) shall receive no more | 17 |
| than
4.5 days of good conduct credit for each month of his | 18 |
| or her sentence of
imprisonment.
| 19 |
| (2.6) The rules and regulations on early release shall | 20 |
| provide that a
prisoner who is serving a sentence for | 21 |
| aggravated driving under the influence of alcohol,
other | 22 |
| drug or drugs, or intoxicating compound or compounds, or | 23 |
| any combination
thereof as defined in subparagraph (C) of | 24 |
| paragraph (1) of subsection (d) of
Section 11-501 of the | 25 |
| Illinois Vehicle Code committed on or after the effective | 26 |
| date of this amendatory Act of the 96th General Assembly, |
|
|
|
HB4776 Enrolled |
- 7 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| shall receive no more than 4.5
days of good conduct credit | 2 |
| for each month of his or her sentence of
imprisonment.
| 3 |
| (3) The rules and regulations shall also provide that
| 4 |
| the Director may award up to 180 days additional good | 5 |
| conduct
credit for meritorious service in specific | 6 |
| instances as the
Director deems proper; except that no more | 7 |
| than 90 days
of good conduct credit for meritorious service
| 8 |
| shall be awarded to any prisoner who is serving a sentence | 9 |
| for
conviction of first degree murder, reckless homicide | 10 |
| while under the
influence of alcohol or any other drug,
or | 11 |
| aggravated driving under the influence of alcohol, other | 12 |
| drug or drugs, or
intoxicating compound or compounds, or | 13 |
| any combination thereof as defined in
subparagraph (F) of | 14 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 15 |
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 16 |
| predatory criminal sexual assault of a child,
aggravated | 17 |
| criminal sexual assault, criminal sexual assault, deviate | 18 |
| sexual
assault, aggravated criminal sexual abuse, | 19 |
| aggravated indecent liberties
with a child, indecent | 20 |
| liberties with a child, child pornography, heinous
| 21 |
| battery, aggravated battery of a spouse, aggravated | 22 |
| battery of a spouse
with a firearm, stalking, aggravated | 23 |
| stalking, aggravated battery of a child,
endangering the | 24 |
| life or health of a child, or cruelty to a child. | 25 |
| Notwithstanding the foregoing, good conduct credit for
| 26 |
| meritorious service shall not be awarded on a
sentence of |
|
|
|
HB4776 Enrolled |
- 8 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| imprisonment imposed for conviction of: (i) one of the | 2 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 3 |
| (iii) when the offense is committed on or after
June 19, | 4 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 5 |
| committed on or after June 23, 2005 (the effective date of | 6 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 7 |
| is committed on or after August 13, 2007 (the effective | 8 |
| date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 9 |
| the offense is committed on or after June 1, 2008 (the | 10 |
| effective date of Public Act 95-625), (ii) reckless | 11 |
| homicide as
defined in subsection (e) of Section 9-3 of the | 12 |
| Criminal Code of 1961 when
the offense is committed on or | 13 |
| after January 1, 1999,
or aggravated driving under the | 14 |
| influence of alcohol, other drug or drugs, or
intoxicating | 15 |
| compound or compounds, or any combination thereof as | 16 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 17 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | 18 |
| one of the offenses enumerated in subdivision
(a)(2.4) when | 19 |
| the offense is committed on or after
July 15, 1999 (the | 20 |
| effective date of Public Act 91-121),
or (iv) aggravated | 21 |
| arson when the offense is committed
on or after July 27, | 22 |
| 2001 (the effective date of Public Act 92-176) , or (v) | 23 |
| aggravated driving under the influence of alcohol,
other | 24 |
| drug or drugs, or intoxicating compound or compounds, or | 25 |
| any combination
thereof as defined in subparagraph (C) of | 26 |
| paragraph (1) of subsection (d) of
Section 11-501 of the |
|
|
|
HB4776 Enrolled |
- 9 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| Illinois Vehicle Code committed on or after the effective | 2 |
| date of this amendatory Act of the 96th General Assembly .
| 3 |
| (4) The rules and regulations shall also provide that | 4 |
| the good conduct
credit accumulated and retained under | 5 |
| paragraph (2.1) of subsection (a) of
this Section by any | 6 |
| inmate during specific periods of time in which such
inmate | 7 |
| is engaged full-time in substance abuse programs, | 8 |
| correctional
industry assignments, or educational programs | 9 |
| provided by the Department
under this paragraph (4) and | 10 |
| satisfactorily completes the assigned program as
| 11 |
| determined by the standards of the Department, shall be | 12 |
| multiplied by a factor
of 1.25 for program participation | 13 |
| before August 11, 1993
and 1.50 for program participation | 14 |
| on or after that date.
However, no inmate shall be eligible | 15 |
| for the additional good conduct credit
under this paragraph | 16 |
| (4) or (4.1) of this subsection (a) while assigned to a | 17 |
| boot camp
or electronic detention, or if convicted of an | 18 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 19 |
| (iii) of this Section that is committed on or after June | 20 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 21 |
| committed on or after June 23, 2005 (the effective date of | 22 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 23 |
| that is committed on or after August 13, 2007 (the | 24 |
| effective date of Public Act 95-134)
or subdivision | 25 |
| (a)(2)(vi) when the offense is committed on or after June | 26 |
| 1, 2008 (the effective date of Public Act 95-625), or if |
|
|
|
HB4776 Enrolled |
- 10 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| convicted of reckless homicide as defined in subsection (e) | 2 |
| of
Section 9-3 of the Criminal Code of 1961 if the offense | 3 |
| is committed on or
after January 1, 1999,
or aggravated | 4 |
| driving under the influence of alcohol, other drug or | 5 |
| drugs, or
intoxicating compound or compounds, or any | 6 |
| combination thereof as defined in
subparagraph (F) of | 7 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 8 |
| Illinois Vehicle Code, or if convicted of aggravated | 9 |
| driving under the influence of alcohol,
other drug or | 10 |
| drugs, or intoxicating compound or compounds, or any | 11 |
| combination
thereof as defined in subparagraph (C) of | 12 |
| paragraph (1) of subsection (d) of
Section 11-501 of the | 13 |
| Illinois Vehicle Code committed on or after the effective | 14 |
| date of this amendatory Act of the 96th General Assembly, | 15 |
| or if convicted of an offense enumerated in paragraph
| 16 |
| (a)(2.4) of this Section that is committed on or after
July | 17 |
| 15, 1999 (the effective date of Public Act 91-121),
or | 18 |
| first degree murder, a Class X felony, criminal sexual
| 19 |
| assault, felony criminal sexual abuse, aggravated criminal | 20 |
| sexual abuse,
aggravated battery with a firearm, or any | 21 |
| predecessor or successor offenses
with the same or | 22 |
| substantially the same elements, or any inchoate offenses
| 23 |
| relating to the foregoing offenses. No inmate shall be | 24 |
| eligible for the
additional good conduct credit under this | 25 |
| paragraph (4) who (i) has previously
received increased | 26 |
| good conduct credit under this paragraph (4) and has
|
|
|
|
HB4776 Enrolled |
- 11 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| subsequently been convicted of a
felony, or (ii) has | 2 |
| previously served more than one prior sentence of
| 3 |
| imprisonment for a felony in an adult correctional | 4 |
| facility.
| 5 |
| Educational, vocational, substance abuse and | 6 |
| correctional
industry programs under which good conduct | 7 |
| credit may be increased under
this paragraph (4) and | 8 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 9 |
| by the Department on the basis of
documented standards. The | 10 |
| Department shall report the results of these
evaluations to | 11 |
| the Governor and the General Assembly by September 30th of | 12 |
| each
year. The reports shall include data relating to the | 13 |
| recidivism rate among
program participants.
| 14 |
| Availability of these programs shall be subject to the
| 15 |
| limits of fiscal resources appropriated by the General | 16 |
| Assembly for these
purposes. Eligible inmates who are | 17 |
| denied immediate admission shall be
placed on a waiting | 18 |
| list under criteria established by the Department.
The | 19 |
| inability of any inmate to become engaged in any such | 20 |
| programs
by reason of insufficient program resources or for | 21 |
| any other reason
established under the rules and | 22 |
| regulations of the Department shall not be
deemed a cause | 23 |
| of action under which the Department or any employee or
| 24 |
| agent of the Department shall be liable for damages to the | 25 |
| inmate.
| 26 |
| (4.1) The rules and regulations shall also provide that |
|
|
|
HB4776 Enrolled |
- 12 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| an additional 60 days of good conduct credit shall be | 2 |
| awarded to any prisoner who passes the high school level | 3 |
| Test of General Educational Development (GED) while the | 4 |
| prisoner is incarcerated. The good conduct credit awarded | 5 |
| under this paragraph (4.1) shall be in addition to, and | 6 |
| shall not affect, the award of good conduct under any other | 7 |
| paragraph of this Section, but shall also be pursuant to | 8 |
| the guidelines and restrictions set forth in paragraph (4) | 9 |
| of subsection (a) of this Section.
The good conduct credit | 10 |
| provided for in this paragraph shall be available only to | 11 |
| those prisoners who have not previously earned a high | 12 |
| school diploma or a GED. If, after an award of the GED good | 13 |
| conduct credit has been made and the Department determines | 14 |
| that the prisoner was not eligible, then the award shall be | 15 |
| revoked.
| 16 |
| (4.5) The rules and regulations on early release shall | 17 |
| also provide that
when the court's sentencing order | 18 |
| recommends a prisoner for substance abuse treatment and the
| 19 |
| crime was committed on or after September 1, 2003 (the | 20 |
| effective date of
Public Act 93-354), the prisoner shall | 21 |
| receive no good conduct credit awarded under clause (3) of | 22 |
| this subsection (a) unless he or she participates in and
| 23 |
| completes a substance abuse treatment program. The | 24 |
| Director may waive the requirement to participate in or | 25 |
| complete a substance abuse treatment program and award the | 26 |
| good conduct credit in specific instances if the prisoner |
|
|
|
HB4776 Enrolled |
- 13 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| is not a good candidate for a substance abuse treatment | 2 |
| program for medical, programming, or operational reasons. | 3 |
| Availability of
substance abuse treatment shall be subject | 4 |
| to the limits of fiscal resources
appropriated by the | 5 |
| General Assembly for these purposes. If treatment is not
| 6 |
| available and the requirement to participate and complete | 7 |
| the treatment has not been waived by the Director, the | 8 |
| prisoner shall be placed on a waiting list under criteria
| 9 |
| established by the Department. The Director may allow a | 10 |
| prisoner placed on
a waiting list to participate in and | 11 |
| complete a substance abuse education class or attend | 12 |
| substance
abuse self-help meetings in lieu of a substance | 13 |
| abuse treatment program. A prisoner on a waiting list who | 14 |
| is not placed in a substance abuse program prior to release | 15 |
| may be eligible for a waiver and receive good conduct | 16 |
| credit under clause (3) of this subsection (a) at the | 17 |
| discretion of the Director.
| 18 |
| (4.6) The rules and regulations on early release shall | 19 |
| also provide that a prisoner who has been convicted of a | 20 |
| sex offense as defined in Section 2 of the Sex Offender | 21 |
| Registration Act shall receive no good conduct credit | 22 |
| unless he or she either has successfully completed or is | 23 |
| participating in sex offender treatment as defined by the | 24 |
| Sex Offender Management Board. However, prisoners who are | 25 |
| waiting to receive such treatment, but who are unable to do | 26 |
| so due solely to the lack of resources on the part of the |
|
|
|
HB4776 Enrolled |
- 14 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| Department, may, at the Director's sole discretion, be | 2 |
| awarded good conduct credit at such rate as the Director | 3 |
| shall determine.
| 4 |
| (5) Whenever the Department is to release any inmate | 5 |
| earlier than it
otherwise would because of a grant of good | 6 |
| conduct credit for meritorious
service given at any time | 7 |
| during the term, the Department shall give
reasonable | 8 |
| advance notice of the impending release to the State's
| 9 |
| Attorney of the county where the prosecution of the inmate | 10 |
| took place.
| 11 |
| (b) Whenever a person is or has been committed under
| 12 |
| several convictions, with separate sentences, the sentences
| 13 |
| shall be construed under Section 5-8-4 in granting and
| 14 |
| forfeiting of good time.
| 15 |
| (c) The Department shall prescribe rules and regulations
| 16 |
| for revoking good conduct credit, or suspending or reducing
the | 17 |
| rate of accumulation of good conduct credit for specific
rule | 18 |
| violations, during imprisonment. These rules and regulations
| 19 |
| shall provide that no inmate may be penalized more than one
| 20 |
| year of good conduct credit for any one infraction.
| 21 |
| When the Department seeks to revoke, suspend or reduce
the | 22 |
| rate of accumulation of any good conduct credits for
an alleged | 23 |
| infraction of its rules, it shall bring charges
therefor | 24 |
| against the prisoner sought to be so deprived of
good conduct | 25 |
| credits before the Prisoner Review Board as
provided in | 26 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
|
|
|
HB4776 Enrolled |
- 15 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 2 |
| month period, the cumulative amount of
credit revoked exceeds | 3 |
| 30 days except where the infraction is committed
or discovered | 4 |
| within 60 days of scheduled release. In those cases,
the | 5 |
| Department of Corrections may revoke up to 30 days of good | 6 |
| conduct credit.
The Board may subsequently approve the | 7 |
| revocation of additional good
conduct credit, if the Department | 8 |
| seeks to revoke good conduct credit in
excess of 30 days. | 9 |
| However, the Board shall not be empowered to review the
| 10 |
| Department's decision with respect to the loss of 30 days of | 11 |
| good conduct
credit within any calendar year for any prisoner | 12 |
| or to increase any penalty
beyond the length requested by the | 13 |
| Department.
| 14 |
| The Director of the Department of Corrections, in | 15 |
| appropriate cases, may
restore up to 30 days good conduct | 16 |
| credits which have been revoked, suspended
or reduced. Any | 17 |
| restoration of good conduct credits in excess of 30 days shall
| 18 |
| be subject to review by the Prisoner Review Board. However, the | 19 |
| Board may not
restore good conduct credit in excess of the | 20 |
| amount requested by the Director.
| 21 |
| Nothing contained in this Section shall prohibit the | 22 |
| Prisoner Review Board
from ordering, pursuant to Section | 23 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 24 |
| sentence imposed by the court that was not served due to the
| 25 |
| accumulation of good conduct credit.
| 26 |
| (d) If a lawsuit is filed by a prisoner in an Illinois or |
|
|
|
HB4776 Enrolled |
- 16 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| federal court
against the State, the Department of Corrections, | 2 |
| or the Prisoner Review Board,
or against any of
their officers | 3 |
| or employees, and the court makes a specific finding that a
| 4 |
| pleading, motion, or other paper filed by the prisoner is | 5 |
| frivolous, the
Department of Corrections shall conduct a | 6 |
| hearing to revoke up to
180 days of good conduct credit by | 7 |
| bringing charges against the prisoner
sought to be deprived of | 8 |
| the good conduct credits before the Prisoner Review
Board as | 9 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 10 |
| If the prisoner has not accumulated 180 days of good conduct | 11 |
| credit at the
time of the finding, then the Prisoner Review | 12 |
| Board may revoke all
good conduct credit accumulated by the | 13 |
| prisoner.
| 14 |
| For purposes of this subsection (d):
| 15 |
| (1) "Frivolous" means that a pleading, motion, or other | 16 |
| filing which
purports to be a legal document filed by a | 17 |
| prisoner in his or her lawsuit meets
any or all of the | 18 |
| following criteria:
| 19 |
| (A) it lacks an arguable basis either in law or in | 20 |
| fact;
| 21 |
| (B) it is being presented for any improper purpose, | 22 |
| such as to harass or
to cause unnecessary delay or | 23 |
| needless increase in the cost of litigation;
| 24 |
| (C) the claims, defenses, and other legal | 25 |
| contentions therein are not
warranted by existing law | 26 |
| or by a nonfrivolous argument for the extension,
|
|
|
|
HB4776 Enrolled |
- 17 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| modification, or reversal of existing law or the | 2 |
| establishment of new law;
| 3 |
| (D) the allegations and other factual contentions | 4 |
| do not have
evidentiary
support or, if specifically so | 5 |
| identified, are not likely to have evidentiary
support | 6 |
| after a reasonable opportunity for further | 7 |
| investigation or discovery;
or
| 8 |
| (E) the denials of factual contentions are not | 9 |
| warranted on the
evidence, or if specifically so | 10 |
| identified, are not reasonably based on a lack
of | 11 |
| information or belief.
| 12 |
| (2) "Lawsuit" means a motion pursuant to Section
116-3 | 13 |
| of the Code of Criminal Procedure of 1963, a habeas corpus | 14 |
| action under
Article X of the Code of Civil Procedure or | 15 |
| under federal law (28 U.S.C. 2254),
a petition for claim | 16 |
| under the Court of Claims Act, an action under the
federal | 17 |
| Civil Rights Act (42 U.S.C. 1983), or a second or | 18 |
| subsequent petition for post-conviction relief under | 19 |
| Article 122 of the Code of Criminal Procedure of 1963 | 20 |
| whether filed with or without leave of court or a second or | 21 |
| subsequent petition for relief from judgment under Section | 22 |
| 2-1401 of the Code of Civil Procedure.
| 23 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 24 |
| validity of Public Act 89-404.
| 25 |
| (f) Whenever the Department is to release any inmate who | 26 |
| has been convicted of a violation of an order of protection |
|
|
|
HB4776 Enrolled |
- 18 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| under Section 12-30 of the Criminal Code of 1961, earlier than | 2 |
| it
otherwise would because of a grant of good conduct credit, | 3 |
| the Department, as a condition of such early release, shall | 4 |
| require that the person, upon release, be placed under | 5 |
| electronic surveillance as provided in Section 5-8A-7 of this | 6 |
| Code. | 7 |
| (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | 8 |
| eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | 9 |
| eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | 10 |
| eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | 11 |
| eff. 8-21-08.)
| 12 |
| (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| 13 |
| Sec. 5-4-1. Sentencing Hearing.
| 14 |
| (a) Except when the death penalty is
sought under hearing | 15 |
| procedures otherwise specified, after a
determination of | 16 |
| guilt, a hearing shall be held to impose the sentence.
However, | 17 |
| prior to the imposition of sentence on an individual being
| 18 |
| sentenced for an offense based upon a charge for a violation of | 19 |
| Section
11-501 of the Illinois Vehicle Code or a similar | 20 |
| provision of a local
ordinance, the individual must undergo a | 21 |
| professional evaluation to
determine if an alcohol or other | 22 |
| drug abuse problem exists and the extent
of such a problem. | 23 |
| Programs conducting these evaluations shall be
licensed by the | 24 |
| Department of Human Services. However, if the individual is
not | 25 |
| a resident of Illinois, the court
may, in its discretion, |
|
|
|
HB4776 Enrolled |
- 19 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| accept an evaluation from a program in the state of
such | 2 |
| individual's residence. The court may in its sentencing order | 3 |
| approve an
eligible defendant for placement in a Department of | 4 |
| Corrections impact
incarceration program as provided in | 5 |
| Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 6 |
| order recommend a defendant for placement in a Department of | 7 |
| Corrections substance abuse treatment program as provided in | 8 |
| paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 9 |
| upon the defendant being accepted in a program by the | 10 |
| Department of Corrections. At the
hearing the court
shall:
| 11 |
| (1) consider the evidence, if any, received upon the | 12 |
| trial;
| 13 |
| (2) consider any presentence reports;
| 14 |
| (3) consider the financial impact of incarceration | 15 |
| based on the
financial impact statement filed with the | 16 |
| clerk of the court by the
Department of Corrections;
| 17 |
| (4) consider evidence and information offered by the | 18 |
| parties in
aggravation and mitigation; | 19 |
| (4.5) consider substance abuse treatment, eligibility | 20 |
| screening, and an assessment, if any, of the defendant by | 21 |
| an agent designated by the State of Illinois to provide | 22 |
| assessment services for the Illinois courts;
| 23 |
| (5) hear arguments as to sentencing alternatives;
| 24 |
| (6) afford the defendant the opportunity to make a | 25 |
| statement in his
own behalf;
| 26 |
| (7) afford the victim of a violent crime or a violation |
|
|
|
HB4776 Enrolled |
- 20 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| of Section
11-501 of the Illinois Vehicle Code, or a | 2 |
| similar provision of a local
ordinance, or a qualified | 3 |
| individual affected by: (i) a violation of Section
405, | 4 |
| 405.1, 405.2, or 407 of the Illinois Controlled Substances | 5 |
| Act or a violation of Section 55 or Section 65 of the | 6 |
| Methamphetamine Control and Community Protection Act,
or | 7 |
| (ii) a Class 4 felony violation of Section 11-14, 11-15, | 8 |
| 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | 9 |
| 1961,
committed by the defendant the opportunity to make a | 10 |
| statement
concerning the impact on the victim and to offer | 11 |
| evidence in aggravation or
mitigation; provided that the | 12 |
| statement and evidence offered in aggravation
or | 13 |
| mitigation must first be prepared in writing in conjunction | 14 |
| with the
State's Attorney before it may be presented orally | 15 |
| at the hearing. Any
sworn testimony offered by the victim | 16 |
| is subject to the defendant's right
to cross-examine. All | 17 |
| statements and evidence offered under this paragraph
(7) | 18 |
| shall become part of the record of the court. For the | 19 |
| purpose of this
paragraph (7), "qualified individual" | 20 |
| means any person who (i) lived or worked
within the | 21 |
| territorial jurisdiction where the offense took place when | 22 |
| the
offense took place;
and (ii) is familiar with various | 23 |
| public places within the territorial
jurisdiction where
| 24 |
| the offense took place when the offense took place. For the | 25 |
| purposes of
this paragraph (7), "qualified individual" | 26 |
| includes any peace officer,
or any member of any duly |
|
|
|
HB4776 Enrolled |
- 21 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| organized State, county, or municipal peace unit
assigned | 2 |
| to the territorial jurisdiction where the offense took | 3 |
| place when the
offense took
place;
| 4 |
| (8) in cases of reckless homicide afford the victim's | 5 |
| spouse,
guardians, parents or other immediate family | 6 |
| members an opportunity to make
oral statements; and
| 7 |
| (9) in cases involving a felony sex offense as defined | 8 |
| under the Sex
Offender
Management Board Act, consider the | 9 |
| results of the sex offender evaluation
conducted pursuant | 10 |
| to Section 5-3-2 of this Act.
| 11 |
| (b) All sentences shall be imposed by the judge based upon | 12 |
| his
independent assessment of the elements specified above and | 13 |
| any agreement
as to sentence reached by the parties. The judge | 14 |
| who presided at the
trial or the judge who accepted the plea of | 15 |
| guilty shall impose the
sentence unless he is no longer sitting | 16 |
| as a judge in that court. Where
the judge does not impose | 17 |
| sentence at the same time on all defendants
who are convicted | 18 |
| as a result of being involved in the same offense, the
| 19 |
| defendant or the State's Attorney may advise the sentencing | 20 |
| court of the
disposition of any other defendants who have been | 21 |
| sentenced.
| 22 |
| (c) In imposing a sentence for a violent crime or for an | 23 |
| offense of
operating or being in physical control of a vehicle | 24 |
| while under the
influence of alcohol, any other drug or any | 25 |
| combination thereof, or a
similar provision of a local | 26 |
| ordinance, when such offense resulted in the
personal injury to |
|
|
|
HB4776 Enrolled |
- 22 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| someone other than the defendant, the trial judge shall
specify | 2 |
| on the record the particular evidence, information, factors in
| 3 |
| mitigation and aggravation or other reasons that led to his | 4 |
| sentencing
determination. The full verbatim record of the | 5 |
| sentencing hearing shall be
filed with the clerk of the court | 6 |
| and shall be a public record.
| 7 |
| (c-1) In imposing a sentence for the offense of aggravated | 8 |
| kidnapping for
ransom, home invasion, armed robbery, | 9 |
| aggravated vehicular hijacking,
aggravated discharge of a | 10 |
| firearm, or armed violence with a category I weapon
or category | 11 |
| II weapon,
the trial judge shall make a finding as to whether | 12 |
| the conduct leading to
conviction for the offense resulted in | 13 |
| great bodily harm to a victim, and
shall enter that finding and | 14 |
| the basis for that finding in the record.
| 15 |
| (c-2) If the defendant is sentenced to prison, other than | 16 |
| when a sentence of
natural life imprisonment or a sentence of | 17 |
| death is imposed, at the time
the sentence is imposed the judge | 18 |
| shall
state on the record in open court the approximate period | 19 |
| of time the defendant
will serve in custody according to the | 20 |
| then current statutory rules and
regulations for early release | 21 |
| found in Section 3-6-3 and other related
provisions of this | 22 |
| Code. This statement is intended solely to inform the
public, | 23 |
| has no legal effect on the defendant's actual release, and may | 24 |
| not be
relied on by the defendant on appeal.
| 25 |
| The judge's statement, to be given after pronouncing the | 26 |
| sentence, other than
when the sentence is imposed for one of |
|
|
|
HB4776 Enrolled |
- 23 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | 2 |
| shall include the following:
| 3 |
| "The purpose of this statement is to inform the public of | 4 |
| the actual period
of time this defendant is likely to spend in | 5 |
| prison as a result of this
sentence. The actual period of | 6 |
| prison time served is determined by the
statutes of Illinois as | 7 |
| applied to this sentence by the Illinois Department of
| 8 |
| Corrections and
the Illinois Prisoner Review Board. In this | 9 |
| case, assuming the defendant
receives all of his or her good | 10 |
| conduct credit, the period of estimated actual
custody is ... | 11 |
| years and ... months, less up to 180 days additional good
| 12 |
| conduct credit for meritorious service. If the defendant, | 13 |
| because of his or
her own misconduct or failure to comply with | 14 |
| the institutional regulations,
does not receive those credits, | 15 |
| the actual time served in prison will be
longer. The defendant | 16 |
| may also receive an additional one-half day good conduct
credit | 17 |
| for each day of participation in vocational, industry, | 18 |
| substance abuse,
and educational programs as provided for by | 19 |
| Illinois statute."
| 20 |
| When the sentence is imposed for one of the offenses | 21 |
| enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 22 |
| when the sentence is imposed for one of the
offenses enumerated | 23 |
| in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 24 |
| 19, 1998, and other than when the sentence is imposed for
| 25 |
| reckless homicide as defined in subsection (e) of Section 9-3 | 26 |
| of the Criminal
Code of 1961 if the offense was committed on or |
|
|
|
HB4776 Enrolled |
- 24 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| after January 1, 1999, and
other than when the sentence is | 2 |
| imposed for aggravated arson if the offense was
committed on or | 3 |
| after July 27, 2001 (the effective date of Public Act
92-176), | 4 |
| and
other than when the sentence is imposed for aggravated | 5 |
| driving under the influence of alcohol,
other drug or drugs, or | 6 |
| intoxicating compound or compounds, or any combination
thereof | 7 |
| as defined in subparagraph (C) of paragraph (1) of subsection | 8 |
| (d) of
Section 11-501 of the Illinois Vehicle Code committed on | 9 |
| or after the effective date of this amendatory Act of the 96th | 10 |
| General Assembly, the
judge's statement, to be given after | 11 |
| pronouncing the sentence, shall include
the following:
| 12 |
| "The purpose of this statement is to inform the public of | 13 |
| the actual period
of time this defendant is likely to spend in | 14 |
| prison as a result of this
sentence. The actual period of | 15 |
| prison time served is determined by the
statutes of Illinois as | 16 |
| applied to this sentence by the Illinois Department of
| 17 |
| Corrections and the Illinois Prisoner Review Board. In this | 18 |
| case,
assuming the defendant
receives all of his or her good | 19 |
| conduct credit, the period of estimated actual
custody is ... | 20 |
| years and ... months, less up to 90 days additional good
| 21 |
| conduct credit for meritorious service. If the defendant, | 22 |
| because of his or
her own misconduct or failure to comply with | 23 |
| the institutional regulations,
does not receive those credits, | 24 |
| the actual time served in prison will be
longer. The defendant | 25 |
| may also receive an additional one-half day good conduct
credit | 26 |
| for each day of participation in vocational, industry, |
|
|
|
HB4776 Enrolled |
- 25 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| substance abuse,
and educational programs as provided for by | 2 |
| Illinois statute."
| 3 |
| When the sentence is imposed for one of the offenses | 4 |
| enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 5 |
| first degree murder, and the offense was
committed on or after | 6 |
| June 19, 1998, and when the sentence is imposed for
reckless | 7 |
| homicide as defined in subsection (e) of Section 9-3 of the | 8 |
| Criminal
Code of 1961 if the offense was committed on or after | 9 |
| January 1, 1999,
and when the sentence is imposed for | 10 |
| aggravated driving under the influence
of alcohol, other drug | 11 |
| or drugs, or intoxicating compound or compounds, or
any | 12 |
| combination thereof as defined in subparagraph (F) of paragraph | 13 |
| (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | 14 |
| Code, and when
the sentence is imposed for aggravated arson if | 15 |
| the offense was committed
on or after July 27, 2001 (the | 16 |
| effective date of Public Act 92-176), and when
the sentence is | 17 |
| imposed for aggravated driving under the influence of alcohol,
| 18 |
| other drug or drugs, or intoxicating compound or compounds, or | 19 |
| any combination
thereof as defined in subparagraph (C) of | 20 |
| paragraph (1) of subsection (d) of
Section 11-501 of the | 21 |
| Illinois Vehicle Code committed on or after the effective date | 22 |
| of this amendatory Act of the 96th General Assembly, the | 23 |
| judge's
statement, to be given after pronouncing the sentence, | 24 |
| shall include the
following:
| 25 |
| "The purpose of this statement is to inform the public of | 26 |
| the actual period
of time this defendant is likely to spend in |
|
|
|
HB4776 Enrolled |
- 26 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| prison as a result of this
sentence. The actual period of | 2 |
| prison time served is determined by the
statutes of Illinois as | 3 |
| applied to this sentence by the Illinois Department of
| 4 |
| Corrections and
the Illinois Prisoner Review Board. In this | 5 |
| case,
the defendant is entitled to no more than 4 1/2 days of | 6 |
| good conduct credit for
each month of his or her sentence of | 7 |
| imprisonment. Therefore, this defendant
will serve at least 85% | 8 |
| of his or her sentence. Assuming the defendant
receives 4 1/2 | 9 |
| days credit for each month of his or her sentence, the period
| 10 |
| of estimated actual custody is ... years and ... months. If the | 11 |
| defendant,
because of his or her own misconduct or failure to | 12 |
| comply with the
institutional regulations receives lesser | 13 |
| credit, the actual time served in
prison will be longer."
| 14 |
| When a sentence of imprisonment is imposed for first degree | 15 |
| murder and
the offense was committed on or after June 19, 1998, | 16 |
| the judge's statement,
to be given after pronouncing the | 17 |
| sentence, shall include the following:
| 18 |
| "The purpose of this statement is to inform the public of | 19 |
| the actual period
of time this defendant is likely to spend in | 20 |
| prison as a result of this
sentence. The actual period of | 21 |
| prison time served is determined by the
statutes of Illinois as | 22 |
| applied to this sentence by the Illinois Department
of | 23 |
| Corrections and the Illinois Prisoner Review Board. In this | 24 |
| case, the
defendant is not entitled to good conduct credit. | 25 |
| Therefore, this defendant
will serve 100% of his or her | 26 |
| sentence."
|
|
|
|
HB4776 Enrolled |
- 27 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| When the sentencing order recommends placement in a | 2 |
| substance abuse program for any offense that results in | 3 |
| incarceration
in a Department of Corrections facility and the | 4 |
| crime was
committed on or after September 1, 2003 (the | 5 |
| effective date of Public Act
93-354), the judge's
statement, in | 6 |
| addition to any other judge's statement required under this
| 7 |
| Section, to be given after pronouncing the sentence, shall | 8 |
| include the
following:
| 9 |
| "The purpose of this statement is to inform the public of
| 10 |
| the actual period of time this defendant is likely to spend in
| 11 |
| prison as a result of this sentence. The actual period of
| 12 |
| prison time served is determined by the statutes of Illinois as
| 13 |
| applied to this sentence by the Illinois Department of
| 14 |
| Corrections and the Illinois Prisoner Review Board. In this
| 15 |
| case, the defendant shall receive no good conduct credit under | 16 |
| clause (3) of subsection (a) of Section 3-6-3 until he or
she | 17 |
| participates in and completes a substance abuse treatment | 18 |
| program or receives a waiver from the Director of Corrections | 19 |
| pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| 20 |
| (c-4) Before the sentencing hearing and as part of the | 21 |
| presentence investigation under Section 5-3-1, the court shall | 22 |
| inquire of the defendant whether the defendant is currently | 23 |
| serving in or is a veteran of the Armed Forces of the United | 24 |
| States.
If the defendant is currently serving in the Armed | 25 |
| Forces of the United States or is a veteran of the Armed Forces | 26 |
| of the United States and has been diagnosed as having a mental |
|
|
|
HB4776 Enrolled |
- 28 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| illness by a qualified psychiatrist or clinical psychologist or | 2 |
| physician, the court may: | 3 |
| (1) order that the officer preparing the presentence | 4 |
| report consult with the United States Department of | 5 |
| Veterans Affairs, Illinois Department of Veterans' | 6 |
| Affairs, or another agency or person with suitable | 7 |
| knowledge or experience for the purpose of providing the | 8 |
| court with information regarding treatment options | 9 |
| available to the defendant, including federal, State, and | 10 |
| local programming; and | 11 |
| (2) consider the treatment recommendations of any | 12 |
| diagnosing or treating mental health professionals | 13 |
| together with the treatment options available to the | 14 |
| defendant in imposing sentence. | 15 |
| For the purposes of this subsection (c-4), "qualified | 16 |
| psychiatrist" means a reputable physician licensed in Illinois | 17 |
| to practice medicine in all its branches, who has specialized | 18 |
| in the diagnosis and treatment of mental and nervous disorders | 19 |
| for a period of not less than 5 years. | 20 |
| (d) When the defendant is committed to the Department of
| 21 |
| Corrections, the State's Attorney shall and counsel for the | 22 |
| defendant
may file a statement with the clerk of the court to | 23 |
| be transmitted to
the department, agency or institution to | 24 |
| which the defendant is
committed to furnish such department, | 25 |
| agency or institution with the
facts and circumstances of the | 26 |
| offense for which the person was
committed together with all |
|
|
|
HB4776 Enrolled |
- 29 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| 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;
|
|
|
|
HB4776 Enrolled |
- 30 - |
LRB096 17102 RLC 32426 b |
|
| 1 |
| (4.1) any finding of great bodily harm made by the | 2 |
| court with respect
to an offense enumerated in subsection | 3 |
| (c-1);
| 4 |
| (5) all statements filed under subsection (d) of this | 5 |
| Section;
| 6 |
| (6) any medical or mental health records or summaries | 7 |
| of the defendant;
| 8 |
| (7) the municipality where the arrest of the offender | 9 |
| or the commission
of the offense has occurred, where such | 10 |
| municipality has a population of
more than 25,000 persons;
| 11 |
| (8) all statements made and evidence offered under | 12 |
| paragraph (7) of
subsection (a) of this Section; and
| 13 |
| (9) all additional matters which the court directs the | 14 |
| clerk to
transmit.
| 15 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
|
|