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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2612
Introduced 2/18/2005, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/5-3-1 |
from Ch. 38, par. 1005-3-1 |
730 ILCS 5/5-3-2 |
from Ch. 38, par. 1005-3-2 |
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Amends the Unified Code of Corrections. Provides that an offender being considered for probation for any felony offense that is sexually motivated need not submit to an evaluation where the State's Attorney, the probation department, and the Court agree to waive such evaluation, provided that the Sex Offender Management Board has adopted uniform statewide standards to waive such an evaluation and the Chief Judge of the circuit has issued a judicial order endorsing the uniform standard promulgated by the Sex Offender Management Board.
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A BILL FOR
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HB2612 |
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LRB094 07592 RXD 37763 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 |
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| changing Sections 5-3-1 and 5-3-2 as follows: |
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| (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
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| Sec. 5-3-1. Presentence Investigation. A defendant shall |
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| not
be sentenced for a felony before a written presentence |
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| report
of investigation is presented to and considered by the |
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| court.
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| However, other than for felony sex offenders being |
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| considered for probation, the court need not order a |
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| presentence report
of
investigation where both parties agree to |
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| the imposition of
a specific sentence, provided there is a |
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| finding made for the
record as to the defendant's history of |
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| delinquency or criminality,
including any previous sentence to |
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| a term of probation, periodic
imprisonment, conditional |
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| discharge, or imprisonment , unless waived under the provisions |
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| of subsection b-5 of Section 5-3-2 of this Code .
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| The court may order a presentence investigation of any |
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| defendant.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)
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| (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
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| Sec. 5-3-2. Presentence Report.
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| (a) In felony cases, the presentence
report shall set |
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| forth:
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| (1) the defendant's history of delinquency or |
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| criminality,
physical and mental history and condition, |
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| family situation and
background, economic status, |
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| education, occupation and personal habits;
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| (2) information about special resources within the |
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HB2612 |
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LRB094 07592 RXD 37763 b |
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| community
which might be available to assist the |
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| defendant's rehabilitation,
including treatment centers, |
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| residential facilities, vocational
training services, |
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| correctional manpower programs, employment
opportunities, |
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| special educational programs, alcohol and drug
abuse |
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| programming, psychiatric and marriage counseling, and |
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| other
programs and facilities which could aid the |
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| defendant's successful
reintegration into society;
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| (3) the effect the offense committed has had upon the |
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| victim or
victims thereof, and any compensatory benefit |
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| that various
sentencing alternatives would confer on such |
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| victim or victims;
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| (4) information concerning the defendant's status |
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| since arrest,
including his record if released on his own |
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| recognizance, or the
defendant's achievement record if |
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| released on a conditional
pre-trial supervision program;
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| (5) when appropriate, a plan, based upon the personal, |
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| economic
and social adjustment needs of the defendant, |
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| utilizing public and
private community resources as an |
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| alternative to institutional
sentencing;
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| (6) any other matters that the investigatory officer |
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| deems
relevant or the court directs to be included; and
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| (7) information concerning defendant's eligibility for |
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| a sentence to a
county impact incarceration program under |
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| Section 5-8-1.2 of this Code.
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| (b) The investigation shall include a physical and mental
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| examination of the defendant when so ordered by the court. If
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| the court determines that such an examination should be made, |
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| it
shall issue an order that the defendant submit to |
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| examination at
such time and place as designated by the court |
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| and that such
examination be conducted by a physician, |
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| psychologist or
psychiatrist designated by the court. Such an |
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| examination may
be conducted in a court clinic if so ordered by |
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| the court. The
cost of such examination shall be paid by the |
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| county in which
the trial is held.
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| (b-5) In cases involving felony sex offenses in which the |
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HB2612 |
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LRB094 07592 RXD 37763 b |
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| offender is being considered for probation or any felony |
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| offense that is
sexually motivated as defined in the Sex |
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| Offender Management Board Act in which the offender is being |
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| considered for probation, the
investigation shall include a sex |
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| offender evaluation by an evaluator approved
by the Board and |
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| conducted in conformance with the standards developed under
the |
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| Sex Offender Management Board Act.
An offender being considered |
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| for probation for any felony offense that is sexually motivated |
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| need not submit to an evaluation where the State's Attorney, |
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| the probation department, and the Court agree to waive such |
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| evaluation, provided that the Sex Offender Management Board has |
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| adopted uniform statewide standards to waive such an evaluation |
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| and the Chief Judge of the circuit has issued a judicial order |
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| endorsing the uniform standard promulgated by the Sex Offender |
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| Management Board.
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| (c) In misdemeanor, business offense or petty offense |
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| cases, except as
specified in subsection (d) of this Section, |
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| when a presentence report has
been ordered by the court, such |
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| presentence report shall contain
information on the |
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| defendant's history of delinquency or criminality and
shall |
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| further contain only those matters listed in any of paragraphs |
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| (1)
through (6) of subsection (a) or in subsection (b) of this |
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| Section as are
specified by the court in its order for the |
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| report.
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| (d) In cases under Section 12-15 and Section 12-30 of the |
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| Criminal
Code of 1961, as amended, the presentence report shall |
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| set forth
information about alcohol, drug abuse, psychiatric, |
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| and marriage counseling
or other treatment programs and |
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| facilities, information on the defendant's
history of |
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| delinquency or criminality, and shall contain those additional
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| matters listed in any of paragraphs (1) through (6) of |
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| subsection (a) or in
subsection (b) of this Section as are |
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| specified by the court.
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| (e) Nothing in this Section shall cause the defendant to be
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| held without bail or to have his bail revoked for the purpose
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| of preparing the presentence report or making an examination.
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