HB2478enr 93rd General Assembly

093_HB2478enr

 
HB2478 Enrolled                      LRB093 02439 RLC 02447 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5. The Unified Code of Corrections is amended  by
 5    changing Section 5-4-1 as follows:

 6        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
 7        Sec. 5-4-1.  Sentencing Hearing.
 8        (a)  Except  when  the  death  penalty  is  sought  under
 9    hearing procedures otherwise specified, after a determination
10    of  guilt,  a  hearing  shall be held to impose the sentence.
11    However, prior to the imposition of sentence on an individual
12    being sentenced for an offense based  upon  a  charge  for  a
13    violation of Section 11-501 of the Illinois Vehicle Code or a
14    similar  provision  of a local ordinance, the individual must
15    undergo a professional evaluation to determine if an  alcohol
16    or  other  drug abuse problem exists and the extent of such a
17    problem.  Programs  conducting  these  evaluations  shall  be
18    licensed  by  the  Department of Human Services.  However, if
19    the individual is not a resident of Illinois, the court  may,
20    in its discretion, accept an evaluation from a program in the
21    state  of  such  individual's residence. The court may in its
22    sentencing order approve an eligible defendant for  placement
23    in  a  Department of Corrections impact incarceration program
24    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
25    the court shall:
26             (1)  consider  the  evidence,  if any, received upon
27        the trial;
28             (2)  consider any presentence reports;
29             (3)  consider the financial impact of  incarceration
30        based  on  the  financial impact statement filed with the
31        clerk of the court by the Department of Corrections;
 
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 1             (4)  consider evidence and  information  offered  by
 2        the parties in aggravation and mitigation;
 3             (5)  hear arguments as to sentencing alternatives;
 4             (6)  afford  the defendant the opportunity to make a
 5        statement in his own behalf;
 6             (7)  afford the victim  of  a  violent  crime  or  a
 7        violation of Section 11-501 of the Illinois Vehicle Code,
 8        or  a  similar  provision  of  a  local  ordinance,  or a
 9        qualified individual affected by:   (i)  a  violation  of
10        Section  405,  405.1,  405.2,  or  407  of  the  Illinois
11        Controlled  Substances  Act,  or  (ii)  a  Class 4 felony
12        violation of Section 11-14, 11-15, 11-17, 11-18, 11-18.1,
13        or 11-19 of the Criminal Code of 1961, committed  by  the
14        defendant  the opportunity to make a statement concerning
15        the impact  on  the  victim  and  to  offer  evidence  in
16        aggravation  or  mitigation;  provided that the statement
17        and evidence offered in aggravation  or  mitigation  must
18        first  be  prepared  in  writing  in conjunction with the
19        State's Attorney before it may be presented orally at the
20        hearing. Any sworn testimony offered  by  the  victim  is
21        subject  to  the  defendant's right to cross-examine. All
22        statements and evidence offered under this paragraph  (7)
23        shall  become  part  of the record of the court.  For the
24        purpose of this  paragraph  (7),  "qualified  individual"
25        means  any  person  who  (i)  lived  or worked within the
26        territorial jurisdiction where  the  offense  took  place
27        when  the  offense  took place; and (ii) is familiar with
28        various public places within the territorial jurisdiction
29        where the offense took place when the offense took place.
30        For  the  purposes  of  this  paragraph  (7),  "qualified
31        individual" includes any peace officer, or any member  of
32        any duly organized State, county, or municipal peace unit
33        assigned   to  the  territorial  jurisdiction  where  the
34        offense took place when the offense took place; and
 
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 1             (8)  in  cases  of  reckless  homicide  afford   the
 2        victim's  spouse,  guardians,  parents or other immediate
 3        family members an opportunity to make oral statements.
 4        (b)  All sentences shall be imposed by  the  judge  based
 5    upon  his  independent  assessment  of the elements specified
 6    above and  any  agreement  as  to  sentence  reached  by  the
 7    parties.   The  judge  who presided at the trial or the judge
 8    who accepted the plea of guilty  shall  impose  the  sentence
 9    unless  he  is  no  longer  sitting as a judge in that court.
10    Where the judge does not impose sentence at the same time  on
11    all  defendants  who  are  convicted  as  a  result  of being
12    involved in the same offense, the defendant  or  the  State's
13    Attorney  may  advise the sentencing court of the disposition
14    of any other defendants who have been sentenced.
15        (c)  In imposing a sentence for a violent crime or for an
16    offense of operating  or  being  in  physical  control  of  a
17    vehicle  while under the influence of alcohol, any other drug
18    or any combination thereof, or a similar provision of a local
19    ordinance, when such offense resulted in the personal  injury
20    to  someone  other  than the defendant, the trial judge shall
21    specify on the record the particular  evidence,  information,
22    factors  in  mitigation and aggravation or other reasons that
23    led to his sentencing determination. The full verbatim record
24    of the sentencing hearing shall be filed with  the  clerk  of
25    the court and shall be a public record.
26        (c-1)  In   imposing   a  sentence  for  the  offense  of
27    aggravated  kidnapping  for  ransom,  home  invasion,   armed
28    robbery, aggravated vehicular hijacking, aggravated discharge
29    of  a  firearm, or armed violence with a category I weapon or
30    category II weapon, the trial judge shall make a  finding  as
31    to  whether the conduct leading to conviction for the offense
32    resulted in great bodily harm to a victim,  and  shall  enter
33    that finding and the basis for that finding in the record.
34        (c-2)  If  the  defendant  is  sentenced to prison, other
 
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 1    than when a  sentence  of  natural  life  imprisonment  or  a
 2    sentence  of  death  is  imposed, at the time the sentence is
 3    imposed the judge shall state on the record in open court the
 4    approximate period  of  time  the  defendant  will  serve  in
 5    custody  according  to  the  then current statutory rules and
 6    regulations for early release  found  in  Section  3-6-3  and
 7    other  related  provisions  of  this Code.  This statement is
 8    intended solely to inform the public, has no legal effect  on
 9    the  defendant's  actual release, and may not be relied on by
10    the defendant on appeal.
11        The judge's statement, to be given after pronouncing  the
12    sentence,  other than when the sentence is imposed for one of
13    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
14    shall include the following:
15        "The purpose of this statement is to inform the public of
16    the actual period of time this defendant is likely  to  spend
17    in prison as a result of this sentence.  The actual period of
18    prison  time served is determined by the statutes of Illinois
19    as applied to this sentence by  the  Illinois  Department  of
20    Corrections  and the Illinois Prisoner Review Board.  In this
21    case, assuming the defendant receives all of his or her  good
22    conduct credit, the period of estimated actual custody is ...
23    years  and  ...  months,  less up to 180 days additional good
24    conduct credit for meritorious service.   If  the  defendant,
25    because  of  his  or  her own misconduct or failure to comply
26    with the institutional regulations, does  not  receive  those
27    credits,  the  actual  time  served in prison will be longer.
28    The defendant may also receive  an  additional  one-half  day
29    good   conduct  credit  for  each  day  of  participation  in
30    vocational,  industry,  substance  abuse,   and   educational
31    programs as provided for by Illinois statute."
32        When  the  sentence  is  imposed  for one of the offenses
33    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
34    when  the  sentence  is  imposed  for  one  of  the  offenses
 
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 1    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
 2    or after June 19, 1998, and other than when the  sentence  is
 3    imposed for reckless homicide as defined in subsection (e) of
 4    Section  9-3  of the Criminal Code of 1961 if the offense was
 5    committed on or after January 1, 1999, and  other  than  when
 6    the  sentence  is imposed for aggravated arson if the offense
 7    was  committed  on  or  after  the  effective  date  of  this
 8    amendatory Act of the  92nd  General  Assembly,  the  judge's
 9    statement,  to be given after pronouncing the sentence, shall
10    include the following:
11        "The purpose of this statement is to inform the public of
12    the actual period of time this defendant is likely  to  spend
13    in prison as a result of this sentence.  The actual period of
14    prison  time served is determined by the statutes of Illinois
15    as applied to this sentence by  the  Illinois  Department  of
16    Corrections  and the Illinois Prisoner Review Board.  In this
17    case, assuming the defendant receives all of his or her  good
18    conduct credit, the period of estimated actual custody is ...
19    years  and  ...  months,  less  up to 90 days additional good
20    conduct credit for meritorious service.   If  the  defendant,
21    because  of  his  or  her own misconduct or failure to comply
22    with the institutional regulations, does  not  receive  those
23    credits,  the  actual  time  served in prison will be longer.
24    The defendant may also receive  an  additional  one-half  day
25    good   conduct  credit  for  each  day  of  participation  in
26    vocational,  industry,  substance  abuse,   and   educational
27    programs as provided for by Illinois statute."
28        When  the  sentence  is  imposed  for one of the offenses
29    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
30    first  degree  murder,  and  the  offense was committed on or
31    after June 19, 1998, and when the  sentence  is  imposed  for
32    reckless homicide as defined in subsection (e) of Section 9-3
33    of  the Criminal Code of 1961 if the offense was committed on
34    or after January 1, 1999, and when the  sentence  is  imposed
 
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 1    for aggravated arson if the offense was committed on or after
 2    the effective date of this amendatory Act of the 92nd General
 3    Assembly,   the   judge's   statement,   to  be  given  after
 4    pronouncing the sentence, shall include the following:
 5        "The purpose of this statement is to inform the public of
 6    the actual period of time this defendant is likely  to  spend
 7    in prison as a result of this sentence.  The actual period of
 8    prison  time served is determined by the statutes of Illinois
 9    as applied to this sentence by  the  Illinois  Department  of
10    Corrections  and the Illinois Prisoner Review Board.  In this
11    case, the defendant is entitled to no more than 4 1/2 days of
12    good conduct credit for each month of his or her sentence  of
13    imprisonment.   Therefore, this defendant will serve at least
14    85% of his or her sentence.  Assuming the defendant  receives
15    4  1/2 days credit for each month of his or her sentence, the
16    period of estimated actual  custody  is  ...  years  and  ...
17    months.   If  the  defendant,  because  of  his  or  her  own
18    misconduct  or  failure  to  comply  with  the  institutional
19    regulations receives lesser credit, the actual time served in
20    prison will be longer."
21        When  a  sentence  of  imprisonment  is imposed for first
22    degree murder and the offense was committed on or after  June
23    19,   1998,   the   judge's  statement,  to  be  given  after
24    pronouncing the sentence, 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
27    in prison as a result of this sentence.  The actual period of
28    prison  time served is determined by the statutes of Illinois
29    as applied to this sentence by  the  Illinois  Department  of
30    Corrections  and the Illinois Prisoner Review Board.  In this
31    case, the defendant is not entitled to good  conduct  credit.
32    Therefore,  this  defendant  will  serve  100%  of his or her
33    sentence."
34        (d)  When the defendant is committed to the Department of
 
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 1    Corrections, the State's Attorney shall and counsel  for  the
 2    defendant may file a statement with the clerk of the court to
 3    be  transmitted  to  the department, agency or institution to
 4    which the defendant is committed to furnish such  department,
 5    agency or institution with the facts and circumstances of the
 6    offense  for which the person was committed together with all
 7    other factual information accessible to them in regard to the
 8    person prior  to  his  commitment  relative  to  his  habits,
 9    associates,  disposition  and  reputation and any other facts
10    and circumstances which may aid such  department,  agency  or
11    institution  during  its  custody  of such person.  The clerk
12    shall within 10 days  after  receiving  any  such  statements
13    transmit a copy to such department, agency or institution and
14    a copy to the other party, provided, however, that this shall
15    not  be  cause  for  delay  in  conveying  the  person to the
16    department, agency  or  institution  to  which  he  has  been
17    committed.
18        (e)  The  clerk  of  the  court  shall  transmit  to  the
19    department,  agency  or  institution,  if  any,  to which the
20    defendant is committed, the following:
21             (1)  the sentence imposed;
22             (2)  any statement by the court  of  the  basis  for
23        imposing the sentence;
24             (3)  any presentence reports;
25             (4)  the number of days, if any, which the defendant
26        has  been  in  custody  and  for  which he is entitled to
27        credit against the sentence, which information  shall  be
28        provided to the clerk by the sheriff;
29             (4.1)  any  finding of great bodily harm made by the
30        court with respect to an offense enumerated in subsection
31        (c-1);
32             (5)  all statements filed under  subsection  (d)  of
33        this Section;
34             (6)  any   medical   or  mental  health  records  or
 
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 1        summaries of the defendant;
 2             (7)  the  municipality  where  the  arrest  of   the
 3        offender  or  the commission of the offense has occurred,
 4        where such municipality has a  population  of  more  than
 5        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
 9        the clerk to transmit.
10    (Source:  P.A.  91-357,  eff.  7-29-99;  91-899, eff. 1-1-01;
11    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)