Full Text of HB5019 96th General Assembly
HB5019eng 96TH GENERAL ASSEMBLY
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HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
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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, 5-4-1, and 5-5-3 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 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) |
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| committed on or after August 13, 2007 (the effective date | 2 |
| of Public Act 95-134), the following:
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| (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;
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| (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;
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| (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 |
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LRB096 17401 RLC 32754 b |
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| 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;
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| (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;
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| (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 |
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| 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
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| (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.
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| (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)
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| 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
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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 | 2 |
| for each day of
his or her sentence of imprisonment or | 3 |
| recommitment under Section 3-3-9.
Each day of good conduct | 4 |
| credit shall reduce by one day the prisoner's period
of | 5 |
| imprisonment or recommitment under Section 3-3-9.
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| (2.2) A prisoner serving a term of natural life | 7 |
| imprisonment or a
prisoner who has been sentenced to death | 8 |
| shall receive no good conduct
credit.
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| (2.3) The rules and regulations on early release shall | 10 |
| provide that
a prisoner who is serving a sentence for | 11 |
| reckless homicide as defined in
subsection (e) of Section | 12 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 13 |
| January 1, 1999, or aggravated driving under the influence | 14 |
| of alcohol,
other drug or drugs, or intoxicating compound | 15 |
| or compounds, or any combination
thereof as defined in | 16 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| Section 11-501 of the Illinois Vehicle Code, shall receive | 18 |
| no more than 4.5
days of good conduct credit for each month | 19 |
| of his or her sentence of
imprisonment.
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| (2.4) The rules and regulations on early release shall | 21 |
| provide with
respect to the offenses of aggravated battery | 22 |
| with a machine gun or a firearm
equipped with any device or | 23 |
| attachment designed or used for silencing the
report of a | 24 |
| firearm or aggravated discharge of a machine gun or a | 25 |
| firearm
equipped with any device or attachment designed or | 26 |
| used for silencing the
report of a firearm, committed on or |
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| after
July 15, 1999 (the effective date of Public Act | 2 |
| 91-121),
that a prisoner serving a sentence for any of | 3 |
| these offenses shall receive no
more than 4.5 days of good | 4 |
| conduct credit for each month of his or her sentence
of | 5 |
| imprisonment.
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| (2.5) The rules and regulations on early release shall | 7 |
| provide that a
prisoner who is serving a sentence for | 8 |
| aggravated arson committed on or after
July 27, 2001 (the | 9 |
| effective date of Public Act 92-176) shall receive no more | 10 |
| than
4.5 days of good conduct credit for each month of his | 11 |
| or her sentence of
imprisonment.
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| (3) On or after the effective date of this amendatory | 13 |
| Act of the 96th General Assembly, the Director shall not | 14 |
| award additional good conduct
credit for meritorious | 15 |
| service in specific instances. Nothing in this amendatory | 16 |
| Act of the 96th General Assembly shall invalidate such | 17 |
| award of additional good conduct credit for meritorious | 18 |
| service lawfully made before the effective date of this | 19 |
| amendatory Act of the 96th General Assembly; nor shall the | 20 |
| Department or Director or any employee of the Department be | 21 |
| criminally or civilly liable for such award, except in | 22 |
| cases of willful and wanton negligence. The rules and | 23 |
| regulations shall also provide that
the Director may award | 24 |
| up to 180 days additional good conduct
credit for | 25 |
| meritorious service in specific instances as the
Director | 26 |
| deems proper; except that no more than 90 days
of good |
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HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
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| conduct credit for meritorious service
shall be awarded to | 2 |
| any prisoner who is serving a sentence for
conviction of | 3 |
| first degree murder, reckless homicide while under the
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| influence of alcohol or any other drug,
or aggravated | 5 |
| driving under the influence of alcohol, other drug or | 6 |
| drugs, or
intoxicating compound or compounds, or any | 7 |
| combination thereof as defined in
subparagraph (F) of | 8 |
| 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 | 11 |
| criminal sexual assault, criminal sexual assault, deviate | 12 |
| sexual
assault, aggravated criminal sexual abuse, | 13 |
| aggravated indecent liberties
with a child, indecent | 14 |
| liberties with a child, child pornography, heinous
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| battery, aggravated battery of a spouse, aggravated | 16 |
| battery of a spouse
with a firearm, stalking, aggravated | 17 |
| stalking, aggravated battery of a child,
endangering the | 18 |
| life or health of a child, or cruelty to a child. | 19 |
| Notwithstanding the foregoing, good conduct credit for
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| meritorious service shall not be awarded on a
sentence of | 21 |
| imprisonment imposed for conviction of: (i) one of the | 22 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 23 |
| (iii) when the offense is committed on or after
June 19, | 24 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 25 |
| committed on or after June 23, 2005 (the effective date of | 26 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense |
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LRB096 17401 RLC 32754 b |
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| is committed on or after August 13, 2007 (the effective | 2 |
| date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 3 |
| the offense is committed on or after June 1, 2008 (the | 4 |
| effective date of Public Act 95-625), (ii) reckless | 5 |
| homicide as
defined in subsection (e) of Section 9-3 of the | 6 |
| Criminal Code of 1961 when
the offense is committed on or | 7 |
| after January 1, 1999,
or aggravated driving under the | 8 |
| influence of alcohol, other drug or drugs, or
intoxicating | 9 |
| compound or compounds, or any combination thereof as | 10 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 11 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | 12 |
| one of the offenses enumerated in subdivision
(a)(2.4) when | 13 |
| the offense is committed on or after
July 15, 1999 (the | 14 |
| effective date of Public Act 91-121),
or (iv) aggravated | 15 |
| arson when the offense is committed
on or after July 27, | 16 |
| 2001 (the effective date of Public Act 92-176).
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| (4) The rules and regulations shall also provide that | 18 |
| the good conduct
credit accumulated and retained under | 19 |
| paragraph (2.1) of subsection (a) of
this Section by any | 20 |
| inmate during specific periods of time in which such
inmate | 21 |
| is engaged full-time in substance abuse programs, | 22 |
| correctional
industry assignments, or educational programs | 23 |
| provided by the Department
under this paragraph (4) and | 24 |
| satisfactorily completes the assigned program as
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| determined by the standards of the Department, shall be | 26 |
| multiplied by a factor
of 1.25 for program participation |
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LRB096 17401 RLC 32754 b |
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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) or (4.1) of this subsection (a) while assigned to a | 5 |
| boot camp
or electronic detention, or if convicted of an | 6 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 7 |
| (iii) of this Section that is committed on or after June | 8 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 9 |
| committed on or after June 23, 2005 (the effective date of | 10 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 11 |
| that is committed on or after August 13, 2007 (the | 12 |
| effective date of Public Act 95-134)
or subdivision | 13 |
| (a)(2)(vi) when the offense is committed on or after June | 14 |
| 1, 2008 (the effective date of Public Act 95-625), or if | 15 |
| convicted of reckless homicide as defined in subsection (e) | 16 |
| of
Section 9-3 of the Criminal Code of 1961 if the offense | 17 |
| is committed on or
after January 1, 1999,
or aggravated | 18 |
| driving under the influence of alcohol, other drug or | 19 |
| drugs, or
intoxicating compound or compounds, or any | 20 |
| combination thereof as defined in
subparagraph (F) of | 21 |
| paragraph (1) of subsection (d) of Section 11-501 of the
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| Illinois Vehicle Code, or if convicted of an offense | 23 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 24 |
| committed on or after
July 15, 1999 (the effective date of | 25 |
| Public Act 91-121),
or first degree murder, a Class X | 26 |
| felony, criminal sexual
assault, felony criminal sexual |
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LRB096 17401 RLC 32754 b |
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| abuse, aggravated criminal sexual abuse,
aggravated | 2 |
| battery with a firearm, or any predecessor or successor | 3 |
| offenses
with the same or substantially the same elements, | 4 |
| or any inchoate offenses
relating to the foregoing | 5 |
| offenses. No inmate shall be eligible for the
additional | 6 |
| good conduct credit under this paragraph (4) who (i) has | 7 |
| previously
received increased good conduct credit under | 8 |
| this paragraph (4) and has
subsequently been convicted of a
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| felony, or (ii) has previously served more than one prior | 10 |
| sentence of
imprisonment for a felony in an adult | 11 |
| correctional facility.
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| Educational, vocational, substance abuse and | 13 |
| correctional
industry programs under which good conduct | 14 |
| credit may be increased under
this paragraph (4) and | 15 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 16 |
| by the Department on the basis of
documented standards. The | 17 |
| Department shall report the results of these
evaluations to | 18 |
| the Governor and the General Assembly by September 30th of | 19 |
| each
year. The reports shall include data relating to the | 20 |
| recidivism rate among
program 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 | 23 |
| Assembly for these
purposes. Eligible inmates who are | 24 |
| denied immediate admission shall be
placed on a waiting | 25 |
| list under criteria established by the Department.
The | 26 |
| inability of any inmate to become engaged in any such |
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| programs
by reason of insufficient program resources or for | 2 |
| any other reason
established under the rules and | 3 |
| regulations of the Department shall not be
deemed a cause | 4 |
| 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 | 6 |
| inmate.
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| (4.1) The rules and regulations shall also provide that | 8 |
| an additional 60 days of good conduct credit shall be | 9 |
| awarded to any prisoner who passes the high school level | 10 |
| Test of General Educational Development (GED) while the | 11 |
| prisoner is incarcerated. The good conduct credit awarded | 12 |
| under this paragraph (4.1) shall be in addition to, and | 13 |
| shall not affect, the award of good conduct under any other | 14 |
| paragraph of this Section, but shall also be pursuant to | 15 |
| the guidelines and restrictions set forth in paragraph (4) | 16 |
| of subsection (a) of this Section.
The good conduct credit | 17 |
| provided for in this paragraph shall be available only to | 18 |
| those prisoners who have not previously earned a high | 19 |
| school diploma or a GED. If, after an award of the GED good | 20 |
| conduct credit has been made and the Department determines | 21 |
| that the prisoner was not eligible, then the award shall be | 22 |
| revoked.
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| (4.5) The rules and regulations on early release shall | 24 |
| also provide that
when the court's sentencing order | 25 |
| recommends a prisoner for substance abuse treatment and the
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| crime was committed on or after September 1, 2003 (the |
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HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
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| effective date of
Public Act 93-354), the prisoner shall | 2 |
| receive no good conduct credit awarded under clause (3) of | 3 |
| this subsection (a) unless he or she participates in and
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| completes a substance abuse treatment program. The | 5 |
| Director may waive the requirement to participate in or | 6 |
| complete a substance abuse treatment program and award the | 7 |
| good conduct credit in specific instances if the prisoner | 8 |
| is not a good candidate for a substance abuse treatment | 9 |
| program for medical, programming, or operational reasons. | 10 |
| Availability of
substance abuse treatment shall be subject | 11 |
| to the limits of fiscal resources
appropriated by the | 12 |
| General Assembly for these purposes. If treatment is not
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| available and the requirement to participate and complete | 14 |
| the treatment has not been waived by the Director, the | 15 |
| prisoner shall be placed on a waiting list under criteria
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| established by the Department. The Director may allow a | 17 |
| prisoner placed on
a waiting list to participate in and | 18 |
| complete a substance abuse education class or attend | 19 |
| substance
abuse self-help meetings in lieu of a substance | 20 |
| abuse treatment program. A prisoner on a waiting list who | 21 |
| is not placed in a substance abuse program prior to release | 22 |
| may be eligible for a waiver and receive good conduct | 23 |
| credit under clause (3) of this subsection (a) at the | 24 |
| discretion of the Director.
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| (4.6) The rules and regulations on early release shall | 26 |
| also provide that a prisoner who has been convicted of a |
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| sex offense as defined in Section 2 of the Sex Offender | 2 |
| Registration Act shall receive no good conduct credit | 3 |
| unless he or she either has successfully completed or is | 4 |
| participating in sex offender treatment as defined by the | 5 |
| Sex Offender Management Board. However, prisoners who are | 6 |
| waiting to receive such treatment, but who are unable to do | 7 |
| so due solely to the lack of resources on the part of the | 8 |
| Department, may, at the Director's sole discretion, be | 9 |
| awarded good conduct credit at such rate as the Director | 10 |
| shall determine.
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| (5) (Blank) Whenever the Department is to release any | 12 |
| inmate earlier than it
otherwise would because of a grant | 13 |
| of good conduct credit for meritorious
service given at any | 14 |
| time during the term, the Department shall give
reasonable | 15 |
| advance notice of the impending release to the State's
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| Attorney of the county where the prosecution of the inmate | 17 |
| 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
| 20 |
| 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 | 24 |
| rate of accumulation of good conduct credit for specific
rule | 25 |
| violations, during imprisonment. These rules and regulations
| 26 |
| shall provide that no inmate may be penalized more than one
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HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
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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 | 3 |
| rate of accumulation of any good conduct credits for
an alleged | 4 |
| infraction of its rules, it shall bring charges
therefor | 5 |
| against the prisoner sought to be so deprived of
good conduct | 6 |
| credits before the Prisoner Review Board as
provided in | 7 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 8 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 9 |
| month period, the cumulative amount of
credit revoked exceeds | 10 |
| 30 days except where the infraction is committed
or discovered | 11 |
| within 60 days of scheduled release. In those cases,
the | 12 |
| Department of Corrections may revoke up to 30 days of good | 13 |
| conduct credit.
The Board may subsequently approve the | 14 |
| revocation of additional good
conduct credit, if the Department | 15 |
| seeks to revoke good conduct credit in
excess of 30 days. | 16 |
| 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 | 18 |
| good conduct
credit within any calendar year for any prisoner | 19 |
| or to increase any penalty
beyond the length requested by the | 20 |
| Department.
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| The Director of the Department of Corrections, in | 22 |
| appropriate cases, may
restore up to 30 days good conduct | 23 |
| credits which have been revoked, suspended
or reduced. Any | 24 |
| restoration of good conduct credits in excess of 30 days shall
| 25 |
| be subject to review by the Prisoner Review Board. However, the | 26 |
| Board may not
restore good conduct credit in excess of the |
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HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
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| amount requested by the Director.
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| Nothing contained in this Section shall prohibit the | 3 |
| Prisoner Review Board
from ordering, pursuant to Section | 4 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 5 |
| sentence imposed by the court that was not served due to the
| 6 |
| accumulation of good conduct credit.
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| (d) If a lawsuit is filed by a prisoner in an Illinois or | 8 |
| federal court
against the State, the Department of Corrections, | 9 |
| or the Prisoner Review Board,
or against any of
their officers | 10 |
| or employees, and the court makes a specific finding that a
| 11 |
| pleading, motion, or other paper filed by the prisoner is | 12 |
| frivolous, the
Department of Corrections shall conduct a | 13 |
| hearing to revoke up to
180 days of good conduct credit by | 14 |
| bringing charges against the prisoner
sought to be deprived of | 15 |
| the good conduct credits before the Prisoner Review
Board as | 16 |
| 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 | 18 |
| credit at the
time of the finding, then the Prisoner Review | 19 |
| Board may revoke all
good conduct credit accumulated by the | 20 |
| prisoner.
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| For purposes of this subsection (d):
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| (1) "Frivolous" means that a pleading, motion, or other | 23 |
| filing which
purports to be a legal document filed by a | 24 |
| prisoner in his or her lawsuit meets
any or all of the | 25 |
| following criteria:
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| (A) it lacks an arguable basis either in law or in |
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HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
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| fact;
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| (B) it is being presented for any improper purpose, | 3 |
| such as to harass or
to cause unnecessary delay or | 4 |
| needless increase in the cost of litigation;
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| (C) the claims, defenses, and other legal | 6 |
| contentions therein are not
warranted by existing law | 7 |
| or by a nonfrivolous argument for the extension,
| 8 |
| modification, or reversal of existing law or the | 9 |
| establishment of new law;
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| (D) the allegations and other factual contentions | 11 |
| do not have
evidentiary
support or, if specifically so | 12 |
| identified, are not likely to have evidentiary
support | 13 |
| after a reasonable opportunity for further | 14 |
| investigation or discovery;
or
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| (E) the denials of factual contentions are not | 16 |
| warranted on the
evidence, or if specifically so | 17 |
| identified, are not reasonably based on a lack
of | 18 |
| information or belief.
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| (2) "Lawsuit" means a motion pursuant to Section
116-3 | 20 |
| of the Code of Criminal Procedure of 1963, a habeas corpus | 21 |
| action under
Article X of the Code of Civil Procedure or | 22 |
| under federal law (28 U.S.C. 2254),
a petition for claim | 23 |
| under the Court of Claims Act, an action under the
federal | 24 |
| Civil Rights Act (42 U.S.C. 1983), or a second or | 25 |
| subsequent petition for post-conviction relief under | 26 |
| Article 122 of the Code of Criminal Procedure of 1963 |
|
|
|
HB5019 Engrossed |
- 17 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| whether filed with or without leave of court or a second or | 2 |
| subsequent petition for relief from judgment under Section | 3 |
| 2-1401 of the Code of Civil Procedure.
| 4 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 5 |
| validity of Public Act 89-404.
| 6 |
| (f) Whenever the Department is to release any inmate who | 7 |
| has been convicted of a violation of an order of protection | 8 |
| under Section 12-30 of the Criminal Code of 1961, earlier than | 9 |
| it
otherwise would because of a grant of good conduct credit, | 10 |
| the Department, as a condition of such early release, shall | 11 |
| require that the person, upon release, be placed under | 12 |
| electronic surveillance as provided in Section 5-8A-7 of this | 13 |
| Code. | 14 |
| (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, | 15 |
| eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | 16 |
| eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | 17 |
| eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876, | 18 |
| eff. 8-21-08.)
| 19 |
| (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| 20 |
| Sec. 5-4-1. Sentencing Hearing.
| 21 |
| (a) Except when the death penalty is
sought under hearing | 22 |
| procedures otherwise specified, after a
determination of | 23 |
| guilt, a hearing shall be held to impose the sentence.
However, | 24 |
| prior to the imposition of sentence on an individual being
| 25 |
| sentenced for an offense based upon a charge for a violation of |
|
|
|
HB5019 Engrossed |
- 18 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| Section
11-501 of the Illinois Vehicle Code or a similar | 2 |
| provision of a local
ordinance, the individual must undergo a | 3 |
| professional evaluation to
determine if an alcohol or other | 4 |
| drug abuse problem exists and the extent
of such a problem. | 5 |
| Programs conducting these evaluations shall be
licensed by the | 6 |
| Department of Human Services. However, if the individual is
not | 7 |
| a resident of Illinois, the court
may, in its discretion, | 8 |
| accept an evaluation from a program in the state of
such | 9 |
| individual's residence. The court may in its sentencing order | 10 |
| approve an
eligible defendant for placement in a Department of | 11 |
| Corrections impact
incarceration program as provided in | 12 |
| Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 13 |
| order recommend a defendant for placement in a Department of | 14 |
| Corrections substance abuse treatment program as provided in | 15 |
| paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 16 |
| upon the defendant being accepted in a program by the | 17 |
| Department of Corrections. At the
hearing the court
shall:
| 18 |
| (1) consider the evidence, if any, received upon the | 19 |
| trial;
| 20 |
| (2) consider any presentence reports;
| 21 |
| (3) consider the financial impact of incarceration | 22 |
| based on the
financial impact statement filed with the | 23 |
| clerk of the court by the
Department of Corrections;
| 24 |
| (4) consider evidence and information offered by the | 25 |
| parties in
aggravation and mitigation; | 26 |
| (4.5) consider substance abuse treatment, eligibility |
|
|
|
HB5019 Engrossed |
- 19 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| screening, and an assessment, if any, of the defendant by | 2 |
| an agent designated by the State of Illinois to provide | 3 |
| assessment services for the Illinois courts;
| 4 |
| (5) hear arguments as to sentencing alternatives;
| 5 |
| (6) afford the defendant the opportunity to make a | 6 |
| statement in his
own behalf;
| 7 |
| (7) afford the victim of a violent crime or a violation | 8 |
| of Section
11-501 of the Illinois Vehicle Code, or a | 9 |
| similar provision of a local
ordinance, or a qualified | 10 |
| individual affected by: (i) a violation of Section
405, | 11 |
| 405.1, 405.2, or 407 of the Illinois Controlled Substances | 12 |
| Act or a violation of Section 55 or Section 65 of the | 13 |
| Methamphetamine Control and Community Protection Act,
or | 14 |
| (ii) a Class 4 felony violation of Section 11-14, 11-15, | 15 |
| 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | 16 |
| 1961,
committed by the defendant the opportunity to make a | 17 |
| statement
concerning the impact on the victim and to offer | 18 |
| evidence in aggravation or
mitigation; provided that the | 19 |
| statement and evidence offered in aggravation
or | 20 |
| mitigation must first be prepared in writing in conjunction | 21 |
| with the
State's Attorney before it may be presented orally | 22 |
| at the hearing. Any
sworn testimony offered by the victim | 23 |
| is subject to the defendant's right
to cross-examine. All | 24 |
| statements and evidence offered under this paragraph
(7) | 25 |
| shall become part of the record of the court. For the | 26 |
| purpose of this
paragraph (7), "qualified individual" |
|
|
|
HB5019 Engrossed |
- 20 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| 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;
| 11 |
| (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
| 14 |
| (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 |
|
|
|
HB5019 Engrossed |
- 21 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| court of the
disposition of any other defendants who have been | 2 |
| sentenced.
| 3 |
| (c) In imposing a sentence for a violent crime or for an | 4 |
| offense of
operating or being in physical control of a vehicle | 5 |
| while under the
influence of alcohol, any other drug or any | 6 |
| combination thereof, or a
similar provision of a local | 7 |
| ordinance, when such offense resulted in the
personal injury to | 8 |
| someone other than the defendant, the trial judge shall
specify | 9 |
| on the record the particular evidence, information, factors in
| 10 |
| mitigation and aggravation or other reasons that led to his | 11 |
| sentencing
determination. The full verbatim record of the | 12 |
| sentencing hearing shall be
filed with the clerk of the court | 13 |
| and shall be a public record.
| 14 |
| (c-1) In imposing a sentence for the offense of aggravated | 15 |
| kidnapping for
ransom, home invasion, armed robbery, | 16 |
| aggravated vehicular hijacking,
aggravated discharge of a | 17 |
| firearm, or armed violence with a category I weapon
or category | 18 |
| II weapon,
the trial judge shall make a finding as to whether | 19 |
| the conduct leading to
conviction for the offense resulted in | 20 |
| great bodily harm to a victim, and
shall enter that finding and | 21 |
| the basis for that finding in the record.
| 22 |
| (c-2) If the defendant is sentenced to prison, other than | 23 |
| when a sentence of
natural life imprisonment or a sentence of | 24 |
| death is imposed, at the time
the sentence is imposed the judge | 25 |
| shall
state on the record in open court the approximate period | 26 |
| of time the defendant
will serve in custody according to the |
|
|
|
HB5019 Engrossed |
- 22 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| then current statutory rules and
regulations for early release | 2 |
| found in Section 3-6-3 and other related
provisions of this | 3 |
| Code. This statement is intended solely to inform the
public, | 4 |
| has no legal effect on the defendant's actual release, and may | 5 |
| not be
relied on by the defendant on appeal.
| 6 |
| The judge's statement, to be given after pronouncing the | 7 |
| sentence , other than
when the sentence is imposed for one of | 8 |
| the offenses enumerated in paragraph
(a)(3) of Section 3-6-3 , | 9 |
| shall include the following:
| 10 |
| "The purpose of this statement is to inform the public of | 11 |
| the actual period
of time this defendant is likely to spend in | 12 |
| prison as a result of this
sentence. The actual period of | 13 |
| prison time served is determined by the
statutes of Illinois as | 14 |
| applied to this sentence by the Illinois Department of
| 15 |
| Corrections and
the Illinois Prisoner Review Board. In this | 16 |
| case, assuming the defendant
receives all of his or her good | 17 |
| conduct credit, the period of estimated actual
custody is ... | 18 |
| years and ... months , less up to 180 days additional good
| 19 |
| conduct credit for meritorious service . If the defendant, | 20 |
| because of his or
her own misconduct or failure to comply with | 21 |
| the institutional regulations,
does not receive those credits, | 22 |
| the actual time served in prison will be
longer. The defendant | 23 |
| may also receive an additional one-half day good conduct
credit | 24 |
| for each day of participation in vocational, industry, | 25 |
| substance abuse,
and educational programs as provided for by | 26 |
| Illinois statute."
|
|
|
|
HB5019 Engrossed |
- 23 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| When the sentence is imposed for one of the offenses | 2 |
| enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 3 |
| when the sentence is imposed for one of the
offenses enumerated | 4 |
| in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 5 |
| 19, 1998, and other than when the sentence is imposed for
| 6 |
| reckless homicide as defined in subsection (e) of Section 9-3 | 7 |
| of the Criminal
Code of 1961 if the offense was committed on or | 8 |
| after January 1, 1999, and
other than when the sentence is | 9 |
| imposed for aggravated arson if the offense was
committed on or | 10 |
| after July 27, 2001 (the effective date of Public Act
92-176), | 11 |
| the
judge's statement, to be given after pronouncing the | 12 |
| sentence, shall include
the following:
| 13 |
| "The purpose of this statement is to inform the public of | 14 |
| the actual period
of time this defendant is likely to spend in | 15 |
| prison as a result of this
sentence. The actual period of | 16 |
| prison time served is determined by the
statutes of Illinois as | 17 |
| applied to this sentence by the Illinois Department of
| 18 |
| Corrections and the Illinois Prisoner Review Board. In this | 19 |
| case,
assuming the defendant
receives all of his or her good | 20 |
| conduct credit, the period of estimated actual
custody is ... | 21 |
| years and ... months, less up to 90 days additional good
| 22 |
| conduct credit for meritorious service. If the defendant, | 23 |
| because of his or
her own misconduct or failure to comply with | 24 |
| the institutional regulations,
does not receive those credits, | 25 |
| the actual time served in prison will be
longer. The defendant | 26 |
| may also receive an additional one-half day good conduct
credit |
|
|
|
HB5019 Engrossed |
- 24 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| for each day of participation in vocational, industry, | 2 |
| substance abuse,
and educational programs as provided for by | 3 |
| Illinois statute."
| 4 |
| When the sentence is imposed for one of the offenses | 5 |
| enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 6 |
| first degree murder, and the offense was
committed on or after | 7 |
| June 19, 1998, and when the sentence is imposed for
reckless | 8 |
| homicide as defined in subsection (e) of Section 9-3 of the | 9 |
| Criminal
Code of 1961 if the offense was committed on or after | 10 |
| January 1, 1999,
and when the sentence is imposed for | 11 |
| aggravated driving under the influence
of alcohol, other drug | 12 |
| or drugs, or intoxicating compound or compounds, or
any | 13 |
| combination thereof as defined in subparagraph (F) of paragraph | 14 |
| (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | 15 |
| Code, and when
the sentence is imposed for aggravated arson if | 16 |
| the offense was committed
on or after July 27, 2001 (the | 17 |
| effective date of Public Act 92-176), the judge's
statement, to | 18 |
| be given after pronouncing the sentence, shall include the
| 19 |
| 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,
the defendant is entitled to no more than 4 1/2 days of |
|
|
|
HB5019 Engrossed |
- 25 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| good conduct credit for
each month of his or her sentence of | 2 |
| imprisonment. Therefore, this defendant
will serve at least 85% | 3 |
| of his or her sentence. Assuming the defendant
receives 4 1/2 | 4 |
| days credit for each month of his or her sentence, the period
| 5 |
| of estimated actual custody is ... years and ... months. If the | 6 |
| defendant,
because of his or her own misconduct or failure to | 7 |
| comply with the
institutional regulations receives lesser | 8 |
| credit, the actual time served in
prison will be longer."
| 9 |
| When a sentence of imprisonment is imposed for first degree | 10 |
| murder and
the offense was committed on or after June 19, 1998, | 11 |
| the judge's statement,
to be given after pronouncing the | 12 |
| sentence, shall include the following:
| 13 |
| "The purpose of this statement is to inform the public of | 14 |
| the actual period
of time this defendant is likely to spend in | 15 |
| prison as a result of this
sentence. The actual period of | 16 |
| prison time served is determined by the
statutes of Illinois as | 17 |
| applied to this sentence by the Illinois Department
of | 18 |
| Corrections and the Illinois Prisoner Review Board. In this | 19 |
| case, the
defendant is not entitled to good conduct credit. | 20 |
| Therefore, this defendant
will serve 100% of his or her | 21 |
| sentence."
| 22 |
| When the sentencing order recommends placement in a | 23 |
| substance abuse program for any offense that results in | 24 |
| incarceration
in a Department of Corrections facility and the | 25 |
| crime was
committed on or after September 1, 2003 (the | 26 |
| effective date of Public Act
93-354), the judge's
statement, in |
|
|
|
HB5019 Engrossed |
- 26 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| addition to any other judge's statement required under this
| 2 |
| Section, to be given after pronouncing the sentence, shall | 3 |
| include the
following:
| 4 |
| "The purpose of this statement is to inform the public of
| 5 |
| the actual period of time this defendant is likely to spend in
| 6 |
| prison as a result of this sentence. The actual period of
| 7 |
| prison time served is determined by the statutes of Illinois as
| 8 |
| applied to this sentence by the Illinois Department of
| 9 |
| Corrections and the Illinois Prisoner Review Board. In this
| 10 |
| case, the defendant shall receive no good conduct credit under | 11 |
| clause (3) of subsection (a) of Section 3-6-3 until he or
she | 12 |
| participates in and completes a substance abuse treatment | 13 |
| program or receives a waiver from the Director of Corrections | 14 |
| pursuant to clause (4.5) of subsection (a) of Section 3-6-3. "
| 15 |
| (c-4) Before the sentencing hearing and as part of the | 16 |
| presentence investigation under Section 5-3-1, the court shall | 17 |
| inquire of the defendant whether the defendant is currently | 18 |
| serving in or is a veteran of the Armed Forces of the United | 19 |
| States.
If the defendant is currently serving in the Armed | 20 |
| Forces of the United States or is a veteran of the Armed Forces | 21 |
| of the United States and has been diagnosed as having a mental | 22 |
| illness by a qualified psychiatrist or clinical psychologist or | 23 |
| physician, the court may: | 24 |
| (1) order that the officer preparing the presentence | 25 |
| report consult with the United States Department of | 26 |
| Veterans Affairs, Illinois Department of Veterans' |
|
|
|
HB5019 Engrossed |
- 27 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| Affairs, or another agency or person with suitable | 2 |
| knowledge or experience for the purpose of providing the | 3 |
| court with information regarding treatment options | 4 |
| available to the defendant, including federal, State, and | 5 |
| local programming; and | 6 |
| (2) consider the treatment recommendations of any | 7 |
| diagnosing or treating mental health professionals | 8 |
| together with the treatment options available to the | 9 |
| defendant in imposing sentence. | 10 |
| For the purposes of this subsection (c-4), "qualified | 11 |
| psychiatrist" means a reputable physician licensed in Illinois | 12 |
| to practice medicine in all its branches, who has specialized | 13 |
| in the diagnosis and treatment of mental and nervous disorders | 14 |
| for a period of not less than 5 years. | 15 |
| (d) When the defendant is committed to the Department of
| 16 |
| Corrections, the State's Attorney shall and counsel for the | 17 |
| defendant
may file a statement with the clerk of the court to | 18 |
| be transmitted to
the department, agency or institution to | 19 |
| which the defendant is
committed to furnish such department, | 20 |
| agency or institution with the
facts and circumstances of the | 21 |
| offense for which the person was
committed together with all | 22 |
| other factual information accessible to them
in regard to the | 23 |
| person prior to his commitment relative to his habits,
| 24 |
| associates, disposition and reputation and any other facts and
| 25 |
| circumstances which may aid such department, agency or | 26 |
| institution
during its custody of such person. The clerk shall |
|
|
|
HB5019 Engrossed |
- 28 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| within 10 days after
receiving any such statements transmit a | 2 |
| copy to such department, agency
or institution and a copy to | 3 |
| the other party, provided, however, that
this shall not be | 4 |
| cause for delay in conveying the person to the
department, | 5 |
| agency or institution to which he has been committed.
| 6 |
| (e) The clerk of the court shall transmit to the | 7 |
| department,
agency or institution, if any, to which the | 8 |
| defendant is committed, the
following:
| 9 |
| (1) the sentence imposed;
| 10 |
| (2) any statement by the court of the basis for | 11 |
| imposing the sentence;
| 12 |
| (3) any presentence reports;
| 13 |
| (3.5) any sex offender evaluations;
| 14 |
| (3.6) any substance abuse treatment eligibility | 15 |
| screening and assessment of the defendant by an agent | 16 |
| designated by the State of Illinois to provide assessment | 17 |
| services for the Illinois courts;
| 18 |
| (4) the number of days, if any, which the defendant has | 19 |
| been in
custody and for which he is entitled to credit | 20 |
| against the sentence,
which information shall be provided | 21 |
| to the clerk by the sheriff;
| 22 |
| (4.1) any finding of great bodily harm made by the | 23 |
| court with respect
to an offense enumerated in subsection | 24 |
| (c-1);
| 25 |
| (5) all statements filed under subsection (d) of this | 26 |
| Section;
|
|
|
|
HB5019 Engrossed |
- 29 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| (6) any medical or mental health records or summaries | 2 |
| of the defendant;
| 3 |
| (7) the municipality where the arrest of the offender | 4 |
| or the commission
of the offense has occurred, where such | 5 |
| municipality has a population of
more than 25,000 persons;
| 6 |
| (8) all statements made and evidence offered under | 7 |
| paragraph (7) of
subsection (a) of this Section; and
| 8 |
| (9) all additional matters which the court directs the | 9 |
| clerk to
transmit.
| 10 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10.)
| 11 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 12 |
| Sec. 5-5-3. Disposition.
| 13 |
| (a) (Blank).
| 14 |
| (b) (Blank).
| 15 |
| (c) (1) (Blank).
| 16 |
| (2) A period of probation, a term of periodic | 17 |
| imprisonment or
conditional discharge shall not be imposed | 18 |
| for the following offenses.
The court shall sentence the | 19 |
| offender to not less than the minimum term
of imprisonment | 20 |
| set forth in this Code for the following offenses, and
may | 21 |
| order a fine or restitution or both in conjunction with | 22 |
| such term of
imprisonment:
| 23 |
| (A) First degree murder where the death penalty is | 24 |
| not imposed.
| 25 |
| (B) Attempted first degree murder.
|
|
|
|
HB5019 Engrossed |
- 30 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| (C) A Class X felony.
| 2 |
| (D) A violation of Section 401.1 or 407 of the
| 3 |
| Illinois Controlled Substances Act, or a violation of | 4 |
| subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | 5 |
| of that Act which relates to more than 5 grams of a | 6 |
| substance
containing heroin, cocaine, fentanyl, or an | 7 |
| analog thereof.
| 8 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 9 |
| Control
Act.
| 10 |
| (F) A Class 2 or greater felony if the offender had | 11 |
| been convicted
of a Class 2 or greater felony, | 12 |
| including any state or federal conviction for an | 13 |
| offense that contained, at the time it was committed, | 14 |
| the same elements as an offense now (the date of the | 15 |
| offense committed after the prior Class 2 or greater | 16 |
| felony) classified as a Class 2 or greater felony, | 17 |
| within 10 years of the date on which the
offender
| 18 |
| committed the offense for which he or she is being | 19 |
| sentenced, except as
otherwise provided in Section | 20 |
| 40-10 of the Alcoholism and Other Drug Abuse and
| 21 |
| Dependency Act.
| 22 |
| (F-5) A violation of Section 24-1, 24-1.1, or | 23 |
| 24-1.6 of the Criminal Code of 1961 for which | 24 |
| imprisonment is prescribed in those Sections.
| 25 |
| (G) Residential burglary, except as otherwise | 26 |
| provided in Section 40-10
of the Alcoholism and Other |
|
|
|
HB5019 Engrossed |
- 31 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| Drug Abuse and Dependency Act.
| 2 |
| (H) Criminal sexual assault.
| 3 |
| (I) Aggravated battery of a senior citizen.
| 4 |
| (J) A forcible felony if the offense was related to | 5 |
| the activities of an
organized gang.
| 6 |
| Before July 1, 1994, for the purposes of this | 7 |
| paragraph, "organized
gang" means an association of 5 | 8 |
| or more persons, with an established hierarchy,
that | 9 |
| encourages members of the association to perpetrate | 10 |
| crimes or provides
support to the members of the | 11 |
| association who do commit crimes.
| 12 |
| Beginning July 1, 1994, for the purposes of this | 13 |
| paragraph,
"organized gang" has the meaning ascribed | 14 |
| to it in Section 10 of the Illinois
Streetgang | 15 |
| Terrorism Omnibus Prevention Act.
| 16 |
| (K) Vehicular hijacking.
| 17 |
| (L) A second or subsequent conviction for the | 18 |
| offense of hate crime
when the underlying offense upon | 19 |
| which the hate crime is based is felony
aggravated
| 20 |
| assault or felony mob action.
| 21 |
| (M) A second or subsequent conviction for the | 22 |
| offense of institutional
vandalism if the damage to the | 23 |
| property exceeds $300.
| 24 |
| (N) A Class 3 felony violation of paragraph (1) of | 25 |
| subsection (a) of
Section 2 of the Firearm Owners | 26 |
| Identification Card Act.
|
|
|
|
HB5019 Engrossed |
- 32 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| (O) A violation of Section 12-6.1 of the Criminal | 2 |
| Code of 1961.
| 3 |
| (P) A violation of paragraph (1), (2), (3), (4), | 4 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 5 |
| Criminal Code of 1961.
| 6 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 7 |
| Criminal Code of
1961.
| 8 |
| (R) A violation of Section 24-3A of the Criminal | 9 |
| Code of
1961.
| 10 |
| (S) (Blank).
| 11 |
| (T) A second or subsequent violation of the | 12 |
| Methamphetamine Control and Community Protection Act.
| 13 |
| (U) A second or subsequent violation of Section | 14 |
| 6-303 of the Illinois Vehicle Code committed while his | 15 |
| or her driver's license, permit, or privilege was | 16 |
| revoked because of a violation of Section 9-3 of the | 17 |
| Criminal Code of 1961, relating to the offense of | 18 |
| reckless homicide, or a similar provision of a law of | 19 |
| another state.
| 20 |
| (V)
A violation of paragraph (4) of subsection (c) | 21 |
| of Section 11-20.3 of the Criminal Code of 1961. | 22 |
| (W) A violation of Section 24-3.5 of the Criminal | 23 |
| Code of 1961.
| 24 |
| (X) A violation of subsection (a) of Section 31-1a | 25 |
| of the Criminal Code of 1961. | 26 |
| (Y) A conviction for unlawful possession of a |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| firearm by a street gang member when the firearm was | 2 |
| loaded or contained firearm ammunition.
| 3 |
| (3) (Blank).
| 4 |
| (4) A minimum term of imprisonment of not less than 10
| 5 |
| consecutive days or 30 days of community service shall be | 6 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 7 |
| of the Illinois Vehicle Code.
| 8 |
| (4.1) (Blank).
| 9 |
| (4.2) Except as provided in paragraphs (4.3) and (4.8) | 10 |
| of this subsection (c), a
minimum of
100 hours of community | 11 |
| service shall be imposed for a second violation of
Section | 12 |
| 6-303
of the Illinois Vehicle Code.
| 13 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 14 |
| hours of community
service, as determined by the court, | 15 |
| shall
be imposed for a second violation of subsection (c) | 16 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 17 |
| (4.4) Except as provided in paragraphs
(4.5), (4.6), | 18 |
| and (4.9) of this
subsection (c), a
minimum term of | 19 |
| imprisonment of 30 days or 300 hours of community service, | 20 |
| as
determined by the court, shall
be imposed
for a third or | 21 |
| subsequent violation of Section 6-303 of the Illinois | 22 |
| Vehicle
Code.
| 23 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 24 |
| be imposed for a third violation of subsection (c) of
| 25 |
| Section 6-303 of the Illinois Vehicle Code.
| 26 |
| (4.6) Except as provided in paragraph (4.10) of this |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| subsection (c), a minimum term of imprisonment of 180 days | 2 |
| shall be imposed for a
fourth or subsequent violation of | 3 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 4 |
| Code.
| 5 |
| (4.7) A minimum term of imprisonment of not less than | 6 |
| 30 consecutive days, or 300 hours of community service, | 7 |
| shall be imposed for a violation of subsection (a-5) of | 8 |
| Section 6-303 of the Illinois Vehicle Code, as provided in | 9 |
| subsection (b-5) of that Section.
| 10 |
| (4.8) A mandatory prison sentence shall be imposed for | 11 |
| a second violation of subsection (a-5) of Section 6-303 of | 12 |
| the Illinois Vehicle Code, as provided in subsection (c-5) | 13 |
| of that Section. The person's driving privileges shall be | 14 |
| revoked for a period of not less than 5 years from the date | 15 |
| of his or her release from prison.
| 16 |
| (4.9) A mandatory prison sentence of not less than 4 | 17 |
| and not more than 15 years shall be imposed for a third | 18 |
| violation of subsection (a-5) of Section 6-303 of the | 19 |
| Illinois Vehicle Code, as provided in subsection (d-2.5) of | 20 |
| that Section. The person's driving privileges shall be | 21 |
| revoked for the remainder of his or her life.
| 22 |
| (4.10) A mandatory prison sentence for a Class 1 felony | 23 |
| shall be imposed, and the person shall be eligible for an | 24 |
| extended term sentence, for a fourth or subsequent | 25 |
| violation of subsection (a-5) of Section 6-303 of the | 26 |
| Illinois Vehicle Code, as provided in subsection (d-3.5) of |
|
|
|
HB5019 Engrossed |
- 35 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| that Section. The person's driving privileges shall be | 2 |
| revoked for the remainder of his or her life.
| 3 |
| (5) The court may sentence a corporation or | 4 |
| unincorporated
association convicted of any offense to:
| 5 |
| (A) a period of conditional discharge;
| 6 |
| (B) a fine;
| 7 |
| (C) make restitution to the victim under Section | 8 |
| 5-5-6 of this Code.
| 9 |
| (5.1) In addition to any other penalties imposed, and | 10 |
| except as provided in paragraph (5.2) or (5.3), a person
| 11 |
| convicted of violating subsection (c) of Section 11-907 of | 12 |
| the Illinois
Vehicle Code shall have his or her driver's | 13 |
| license, permit, or privileges
suspended for at least 90 | 14 |
| days but not more than one year, if the violation
resulted | 15 |
| in damage to the property of another person.
| 16 |
| (5.2) In addition to any other penalties imposed, and | 17 |
| except as provided in paragraph (5.3), a person convicted
| 18 |
| of violating subsection (c) of Section 11-907 of the | 19 |
| Illinois Vehicle Code
shall have his or her driver's | 20 |
| license, permit, or privileges suspended for at
least 180 | 21 |
| days but not more than 2 years, if the violation resulted | 22 |
| in injury
to
another person.
| 23 |
| (5.3) In addition to any other penalties imposed, a | 24 |
| person convicted of violating subsection (c) of Section
| 25 |
| 11-907 of the Illinois Vehicle Code shall have his or her | 26 |
| driver's license,
permit, or privileges suspended for 2 |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| years, if the violation resulted in the
death of another | 2 |
| person.
| 3 |
| (5.4) In addition to any other penalties imposed, a | 4 |
| person convicted of violating Section 3-707 of the Illinois | 5 |
| Vehicle Code shall have his or her driver's license, | 6 |
| permit, or privileges suspended for 3 months and until he | 7 |
| or she has paid a reinstatement fee of $100. | 8 |
| (5.5) In addition to any other penalties imposed, a | 9 |
| person convicted of violating Section 3-707 of the Illinois | 10 |
| Vehicle Code during a period in which his or her driver's | 11 |
| license, permit, or privileges were suspended for a | 12 |
| previous violation of that Section shall have his or her | 13 |
| driver's license, permit, or privileges suspended for an | 14 |
| additional 6 months after the expiration of the original | 15 |
| 3-month suspension and until he or she has paid a | 16 |
| reinstatement fee of $100.
| 17 |
| (6) (Blank).
| 18 |
| (7) (Blank).
| 19 |
| (8) (Blank).
| 20 |
| (9) A defendant convicted of a second or subsequent | 21 |
| offense of ritualized
abuse of a child may be sentenced to | 22 |
| a term of natural life imprisonment.
| 23 |
| (10) (Blank).
| 24 |
| (11) The court shall impose a minimum fine of $1,000 | 25 |
| for a first offense
and $2,000 for a second or subsequent | 26 |
| offense upon a person convicted of or
placed on supervision |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| for battery when the individual harmed was a sports
| 2 |
| official or coach at any level of competition and the act | 3 |
| causing harm to the
sports
official or coach occurred | 4 |
| within an athletic facility or within the immediate | 5 |
| vicinity
of the athletic facility at which the sports | 6 |
| official or coach was an active
participant
of the athletic | 7 |
| contest held at the athletic facility. For the purposes of
| 8 |
| this paragraph (11), "sports official" means a person at an | 9 |
| athletic contest
who enforces the rules of the contest, | 10 |
| such as an umpire or referee; "athletic facility" means an | 11 |
| indoor or outdoor playing field or recreational area where | 12 |
| sports activities are conducted;
and "coach" means a person | 13 |
| recognized as a coach by the sanctioning
authority that | 14 |
| conducted the sporting event. | 15 |
| (12) A person may not receive a disposition of court | 16 |
| supervision for a
violation of Section 5-16 of the Boat | 17 |
| Registration and Safety Act if that
person has previously | 18 |
| received a disposition of court supervision for a
violation | 19 |
| of that Section.
| 20 |
| (13) A person convicted of or placed on court | 21 |
| supervision for an assault or aggravated assault when the | 22 |
| victim and the offender are family or household members as | 23 |
| defined in Section 103 of the Illinois Domestic Violence | 24 |
| Act of 1986 or convicted of domestic battery or aggravated | 25 |
| domestic battery may be required to attend a Partner Abuse | 26 |
| Intervention Program under protocols set forth by the |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| Illinois Department of Human Services under such terms and | 2 |
| conditions imposed by the court. The costs of such classes | 3 |
| shall be paid by the offender.
| 4 |
| (d) In any case in which a sentence originally imposed is | 5 |
| vacated,
the case shall be remanded to the trial court. The | 6 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 7 |
| Unified Code of Corrections
which may include evidence of the | 8 |
| defendant's life, moral character and
occupation during the | 9 |
| time since the original sentence was passed. The
trial court | 10 |
| shall then impose sentence upon the defendant. The trial
court | 11 |
| may impose any sentence which could have been imposed at the
| 12 |
| original trial subject to Section 5-5-4 of the Unified Code of | 13 |
| Corrections.
If a sentence is vacated on appeal or on | 14 |
| collateral attack due to the
failure of the trier of fact at | 15 |
| trial to determine beyond a reasonable doubt
the
existence of a | 16 |
| fact (other than a prior conviction) necessary to increase the
| 17 |
| punishment for the offense beyond the statutory maximum | 18 |
| otherwise applicable,
either the defendant may be re-sentenced | 19 |
| to a term within the range otherwise
provided or, if the State | 20 |
| files notice of its intention to again seek the
extended | 21 |
| sentence, the defendant shall be afforded a new trial.
| 22 |
| (e) In cases where prosecution for
aggravated criminal | 23 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 24 |
| results in conviction of a defendant
who was a family member of | 25 |
| the victim at the time of the commission of the
offense, the | 26 |
| court shall consider the safety and welfare of the victim and
|
|
|
|
HB5019 Engrossed |
- 39 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| may impose a sentence of probation only where:
| 2 |
| (1) the court finds (A) or (B) or both are appropriate:
| 3 |
| (A) the defendant is willing to undergo a court | 4 |
| approved counseling
program for a minimum duration of 2 | 5 |
| years; or
| 6 |
| (B) the defendant is willing to participate in a | 7 |
| court approved plan
including but not limited to the | 8 |
| defendant's:
| 9 |
| (i) removal from the household;
| 10 |
| (ii) restricted contact with the victim;
| 11 |
| (iii) continued financial support of the | 12 |
| family;
| 13 |
| (iv) restitution for harm done to the victim; | 14 |
| and
| 15 |
| (v) compliance with any other measures that | 16 |
| the court may
deem appropriate; and
| 17 |
| (2) the court orders the defendant to pay for the | 18 |
| victim's counseling
services, to the extent that the court | 19 |
| finds, after considering the
defendant's income and | 20 |
| assets, that the defendant is financially capable of
paying | 21 |
| for such services, if the victim was under 18 years of age | 22 |
| at the
time the offense was committed and requires | 23 |
| counseling as a result of the
offense.
| 24 |
| Probation may be revoked or modified pursuant to Section | 25 |
| 5-6-4; except
where the court determines at the hearing that | 26 |
| the defendant violated a
condition of his or her probation |
|
|
|
HB5019 Engrossed |
- 40 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| restricting contact with the victim or
other family members or | 2 |
| commits another offense with the victim or other
family | 3 |
| members, the court shall revoke the defendant's probation and
| 4 |
| impose a term of imprisonment.
| 5 |
| For the purposes of this Section, "family member" and | 6 |
| "victim" shall have
the meanings ascribed to them in Section | 7 |
| 12-12 of the Criminal Code of
1961.
| 8 |
| (f) (Blank).
| 9 |
| (g) Whenever a defendant is convicted of an offense under | 10 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 11 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 12 |
| of the Criminal Code of 1961,
the defendant shall undergo | 13 |
| medical testing to
determine whether the defendant has any | 14 |
| sexually transmissible disease,
including a test for infection | 15 |
| with human immunodeficiency virus (HIV) or
any other identified | 16 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 17 |
| Any such medical test shall be performed only by appropriately
| 18 |
| licensed medical practitioners and may include an analysis of | 19 |
| any bodily
fluids as well as an examination of the defendant's | 20 |
| person.
Except as otherwise provided by law, the results of | 21 |
| such test shall be kept
strictly confidential by all medical | 22 |
| personnel involved in the testing and must
be personally | 23 |
| delivered in a sealed envelope to the judge of the court in | 24 |
| which
the conviction was entered for the judge's inspection in | 25 |
| camera. Acting in
accordance with the best interests of the | 26 |
| victim and the public, the judge
shall have the discretion to |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| determine to whom, if anyone, the results of the
testing may be | 2 |
| revealed. The court shall notify the defendant
of the test | 3 |
| results. The court shall
also notify the victim if requested by | 4 |
| the victim, and if the victim is under
the age of 15 and if | 5 |
| requested by the victim's parents or legal guardian, the
court | 6 |
| shall notify the victim's parents or legal guardian of the test
| 7 |
| results.
The court shall provide information on the | 8 |
| availability of HIV testing
and counseling at Department of | 9 |
| Public Health facilities to all parties to
whom the results of | 10 |
| the testing are revealed and shall direct the State's
Attorney | 11 |
| to provide the information to the victim when possible.
A | 12 |
| State's Attorney may petition the court to obtain the results | 13 |
| of any HIV test
administered under this Section, and the court | 14 |
| shall grant the disclosure if
the State's Attorney shows it is | 15 |
| relevant in order to prosecute a charge of
criminal | 16 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 17 |
| of 1961
against the defendant. The court shall order that the | 18 |
| cost of any such test
shall be paid by the county and may be | 19 |
| taxed as costs against the convicted
defendant.
| 20 |
| (g-5) When an inmate is tested for an airborne communicable | 21 |
| disease, as
determined by the Illinois Department of Public | 22 |
| Health including but not
limited to tuberculosis, the results | 23 |
| of the test shall be
personally delivered by the warden or his | 24 |
| or her designee in a sealed envelope
to the judge of the court | 25 |
| in which the inmate must appear for the judge's
inspection in | 26 |
| camera if requested by the judge. Acting in accordance with the
|
|
|
|
HB5019 Engrossed |
- 42 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| best interests of those in the courtroom, the judge shall have | 2 |
| the discretion
to determine what if any precautions need to be | 3 |
| taken to prevent transmission
of the disease in the courtroom.
| 4 |
| (h) Whenever a defendant is convicted of an offense under | 5 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 6 |
| defendant shall undergo
medical testing to determine whether | 7 |
| the defendant has been exposed to human
immunodeficiency virus | 8 |
| (HIV) or any other identified causative agent of
acquired | 9 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 10 |
| by
law, the results of such test shall be kept strictly | 11 |
| confidential by all
medical personnel involved in the testing | 12 |
| and must be personally delivered in a
sealed envelope to the | 13 |
| judge of the court in which the conviction was entered
for the | 14 |
| judge's inspection in camera. Acting in accordance with the | 15 |
| best
interests of the public, the judge shall have the | 16 |
| discretion to determine to
whom, if anyone, the results of the | 17 |
| testing may be revealed. The court shall
notify the defendant | 18 |
| of a positive test showing an infection with the human
| 19 |
| immunodeficiency virus (HIV). The court shall provide | 20 |
| information on the
availability of HIV testing and counseling | 21 |
| at Department of Public Health
facilities to all parties to | 22 |
| whom the results of the testing are revealed and
shall direct | 23 |
| the State's Attorney to provide the information to the victim | 24 |
| when
possible. A State's Attorney may petition the court to | 25 |
| obtain the results of
any HIV test administered under this | 26 |
| Section, and the court shall grant the
disclosure if the |
|
|
|
HB5019 Engrossed |
- 43 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| State's Attorney shows it is relevant in order to prosecute a
| 2 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 3 |
| the Criminal
Code of 1961 against the defendant. The court | 4 |
| shall order that the cost of any
such test shall be paid by the | 5 |
| county and may be taxed as costs against the
convicted | 6 |
| defendant.
| 7 |
| (i) All fines and penalties imposed under this Section for | 8 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 9 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 10 |
| any violation
of the Child Passenger Protection Act, or a | 11 |
| similar provision of a local
ordinance, shall be collected and | 12 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 13 |
| of the Clerks of Courts Act.
| 14 |
| (j) In cases when prosecution for any violation of Section | 15 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 16 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 17 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 18 |
| Code of 1961, any violation of the Illinois Controlled | 19 |
| Substances Act,
any violation of the Cannabis Control Act, or | 20 |
| any violation of the Methamphetamine Control and Community | 21 |
| Protection Act results in conviction, a
disposition of court | 22 |
| supervision, or an order of probation granted under
Section 10 | 23 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 24 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 25 |
| Control and Community Protection Act of a defendant, the court | 26 |
| shall determine whether the
defendant is employed by a facility |
|
|
|
HB5019 Engrossed |
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LRB096 17401 RLC 32754 b |
|
| 1 |
| or center as defined under the Child Care
Act of 1969, a public | 2 |
| or private elementary or secondary school, or otherwise
works | 3 |
| with children under 18 years of age on a daily basis. When a | 4 |
| defendant
is so employed, the court shall order the Clerk of | 5 |
| the Court to send a copy of
the judgment of conviction or order | 6 |
| of supervision or probation to the
defendant's employer by | 7 |
| certified mail.
If the employer of the defendant is a school, | 8 |
| the Clerk of the Court shall
direct the mailing of a copy of | 9 |
| the judgment of conviction or order of
supervision or probation | 10 |
| to the appropriate regional superintendent of schools.
The | 11 |
| regional superintendent of schools shall notify the State Board | 12 |
| of
Education of any notification under this subsection.
| 13 |
| (j-5) A defendant at least 17 years of age who is convicted | 14 |
| of a felony and
who has not been previously convicted of a | 15 |
| misdemeanor or felony and who is
sentenced to a term of | 16 |
| imprisonment in the Illinois Department of Corrections
shall as | 17 |
| a condition of his or her sentence be required by the court to | 18 |
| attend
educational courses designed to prepare the defendant | 19 |
| for a high school diploma
and to work toward a high school | 20 |
| diploma or to work toward passing the high
school level Test of | 21 |
| General Educational Development (GED) or to work toward
| 22 |
| completing a vocational training program offered by the | 23 |
| Department of
Corrections. If a defendant fails to complete the | 24 |
| educational training
required by his or her sentence during the | 25 |
| term of incarceration, the Prisoner
Review Board shall, as a | 26 |
| condition of mandatory supervised release, require the
|
|
|
|
HB5019 Engrossed |
- 45 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| defendant, at his or her own expense, to pursue a course of | 2 |
| study toward a high
school diploma or passage of the GED test. | 3 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 4 |
| release of a defendant who wilfully fails to
comply with this | 5 |
| subsection (j-5) upon his or her release from confinement in a
| 6 |
| penal institution while serving a mandatory supervised release | 7 |
| term; however,
the inability of the defendant after making a | 8 |
| good faith effort to obtain
financial aid or pay for the | 9 |
| educational training shall not be deemed a wilful
failure to | 10 |
| comply. The Prisoner Review Board shall recommit the defendant
| 11 |
| whose mandatory supervised release term has been revoked under | 12 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 13 |
| subsection (j-5) does not apply to a
defendant who has a high | 14 |
| school diploma or has successfully passed the GED
test. This | 15 |
| subsection (j-5) does not apply to a defendant who is | 16 |
| determined by
the court to be developmentally disabled or | 17 |
| otherwise mentally incapable of
completing the educational or | 18 |
| vocational program.
| 19 |
| (k) (Blank).
| 20 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 21 |
| (l), whenever a defendant,
who is an alien as defined by | 22 |
| the Immigration and Nationality Act, is convicted
of any | 23 |
| felony or misdemeanor offense, the court after sentencing | 24 |
| the defendant
may, upon motion of the State's Attorney, | 25 |
| hold sentence in abeyance and remand
the defendant to the | 26 |
| custody of the Attorney General of
the United States or his |
|
|
|
HB5019 Engrossed |
- 46 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| or her designated agent to be deported when:
| 2 |
| (1) a final order of deportation has been issued | 3 |
| against the defendant
pursuant to proceedings under | 4 |
| the Immigration and Nationality Act, and
| 5 |
| (2) the deportation of the defendant would not | 6 |
| deprecate the seriousness
of the defendant's conduct | 7 |
| and would not be inconsistent with the ends of
justice.
| 8 |
| Otherwise, the defendant shall be sentenced as | 9 |
| provided in this Chapter V.
| 10 |
| (B) If the defendant has already been sentenced for a | 11 |
| felony or
misdemeanor
offense, or has been placed on | 12 |
| probation under Section 10 of the Cannabis
Control Act,
| 13 |
| Section 410 of the Illinois Controlled Substances Act, or | 14 |
| Section 70 of the Methamphetamine Control and Community | 15 |
| Protection Act, the court
may, upon motion of the State's | 16 |
| Attorney to suspend the
sentence imposed, commit the | 17 |
| defendant to the custody of the Attorney General
of the | 18 |
| United States or his or her designated agent when:
| 19 |
| (1) a final order of deportation has been issued | 20 |
| against the defendant
pursuant to proceedings under | 21 |
| the Immigration and Nationality Act, and
| 22 |
| (2) the deportation of the defendant would not | 23 |
| deprecate the seriousness
of the defendant's conduct | 24 |
| and would not be inconsistent with the ends of
justice.
| 25 |
| (C) This subsection (l) does not apply to offenders who | 26 |
| are subject to the
provisions of paragraph (2) of |
|
|
|
HB5019 Engrossed |
- 47 - |
LRB096 17401 RLC 32754 b |
|
| 1 |
| subsection (a) of Section 3-6-3.
| 2 |
| (D) Upon motion of the State's Attorney, if a defendant | 3 |
| sentenced under
this Section returns to the jurisdiction of | 4 |
| the United States, the defendant
shall be recommitted to | 5 |
| the custody of the county from which he or she was
| 6 |
| sentenced.
Thereafter, the defendant shall be brought | 7 |
| before the sentencing court, which
may impose any sentence | 8 |
| that was available under Section 5-5-3 at the time of
| 9 |
| initial sentencing. In addition, the defendant shall not be | 10 |
| eligible for
additional good conduct credit for | 11 |
| meritorious service as provided under
Section 3-6-6.
| 12 |
| (m) A person convicted of criminal defacement of property | 13 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 14 |
| property damage exceeds $300
and the property damaged is a | 15 |
| school building, shall be ordered to perform
community service | 16 |
| that may include cleanup, removal, or painting over the
| 17 |
| defacement.
| 18 |
| (n) The court may sentence a person convicted of a | 19 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 20 |
| Code of 1961 (i) to an impact
incarceration program if the | 21 |
| person is otherwise eligible for that program
under Section | 22 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 23 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 24 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 25 |
| program licensed under that
Act. | 26 |
| (o) Whenever a person is convicted of a sex offense as |
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HB5019 Engrossed |
- 48 - |
LRB096 17401 RLC 32754 b |
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| 1 |
| defined in Section 2 of the Sex Offender Registration Act, the | 2 |
| defendant's driver's license or permit shall be subject to | 3 |
| renewal on an annual basis in accordance with the provisions of | 4 |
| license renewal established by the Secretary of State.
| 5 |
| (Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07; | 6 |
| 95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08; | 7 |
| 95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff. | 8 |
| 7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829, | 9 |
| eff. 12-3-09.)
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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|