Illinois General Assembly - Full Text of SB1342
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Full Text of SB1342  98th General Assembly

SB1342ham003 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 11/4/2013

 

 


 

 


 
09800SB1342ham003LRB098 06687 RLC 49559 a

1
AMENDMENT TO SENATE BILL 1342

2    AMENDMENT NO. ______. Amend Senate Bill 1342 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 24-1.1, 24-1.6, and 24-1.8 as follows:
 
6    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
7    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8Felons or Persons in the Custody of the Department of
9Corrections Facilities.
10    (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief by the Director of the

 

 

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1Department of State Police under Section 10 of the Firearm
2Owners Identification Card Act.
3    (b) It is unlawful for any person confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, to possess any weapon prohibited under Section
624-1 of this Code or any firearm or firearm ammunition,
7regardless of the intent with which he possesses it.
8    (c) It shall be an affirmative defense to a violation of
9subsection (b), that such possession was specifically
10authorized by rule, regulation, or directive of the Illinois
11Department of Corrections or order issued pursuant thereto.
12    (d) The defense of necessity is not available to a person
13who is charged with a violation of subsection (b) of this
14Section.
15    (e) Sentence. Violation of this Section by a person not
16confined in a penal institution shall be a Class 3 felony for
17which the person shall be sentenced to no less than 3 2 years
18and no more than 10 years and any second or subsequent
19violation shall be a Class 2 felony for which the person shall
20be sentenced to a term of imprisonment of not less than 4 3
21years and not more than 14 years. Violation of this Section by
22a person not confined in a penal institution who has been
23convicted of a forcible felony, a felony violation of Article
2424 of this Code or of the Firearm Owners Identification Card
25Act, stalking or aggravated stalking, or a Class 2 or greater
26felony under the Illinois Controlled Substances Act, the

 

 

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1Cannabis Control Act, or the Methamphetamine Control and
2Community Protection Act is a Class 2 felony for which the
3person shall be sentenced to not less than 4 3 years and not
4more than 14 years. Violation of this Section by a person who
5is on parole or mandatory supervised release is a Class 2
6felony for which the person shall be sentenced to not less than
74 3 years and not more than 14 years. Violation of this Section
8by a person not confined in a penal institution is a Class X
9felony when the firearm possessed is a machine gun. Any person
10who violates this Section while confined in a penal
11institution, which is a facility of the Illinois Department of
12Corrections, is guilty of a Class 1 felony, if he possesses any
13weapon prohibited under Section 24-1 of this Code regardless of
14the intent with which he possesses it, a Class X felony if he
15possesses any firearm, firearm ammunition or explosive, and a
16Class X felony for which the offender shall be sentenced to not
17less than 12 years and not more than 50 years when the firearm
18possessed is a machine gun. A violation of this Section while
19wearing or in possession of body armor as defined in Section
2033F-1 is a Class X felony punishable by a term of imprisonment
21of not less than 10 years and not more than 40 years. The
22possession of each firearm or firearm ammunition in violation
23of this Section constitutes a single and separate violation. A
24sentence of county impact incarceration under Section 5-8-1.2
25of the Unified Code of Corrections is not authorized for a
26violation of this Section.

 

 

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1(Source: P.A. 97-237, eff. 1-1-12.)
 
2    (720 ILCS 5/24-1.6)
3    Sec. 24-1.6. Aggravated unlawful use of a weapon.
4    (a) A person commits the offense of aggravated unlawful use
5of a weapon when he or she knowingly:
6        (1) Carries on or about his or her person or in any
7    vehicle or concealed on or about his or her person except
8    when on his or her land or in his or her abode, legal
9    dwelling, or fixed place of business, or on the land or in
10    the legal dwelling of another person as an invitee with
11    that person's permission, any pistol, revolver, stun gun or
12    taser or other firearm; or
13        (2) Carries or possesses on or about his or her person,
14    upon any public street, alley, or other public lands within
15    the corporate limits of a city, village or incorporated
16    town, except when an invitee thereon or therein, for the
17    purpose of the display of such weapon or the lawful
18    commerce in weapons, or except when on his or her own land
19    or in his or her own abode, legal dwelling, or fixed place
20    of business, or on the land or in the legal dwelling of
21    another person as an invitee with that person's permission,
22    any pistol, revolver, stun gun or taser or other firearm;
23    and
24        (3) One of the following factors is present:
25            (A) the firearm, other than a pistol, revolver, or

 

 

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1        handgun, possessed was uncased, loaded, and
2        immediately accessible at the time of the offense; or
3            (A-5) the pistol, revolver, or handgun possessed
4        was uncased, loaded, and immediately accessible at the
5        time of the offense and the person possessing the
6        pistol, revolver, or handgun has not been issued a
7        currently valid license under the Firearm Concealed
8        Carry Act; or
9            (B) the firearm, other than a pistol, revolver, or
10        handgun, possessed was uncased, unloaded, and the
11        ammunition for the weapon was immediately accessible
12        at the time of the offense; or
13            (B-5) the pistol, revolver, or handgun possessed
14        was uncased, unloaded, and the ammunition for the
15        weapon was immediately accessible at the time of the
16        offense and the person possessing the pistol,
17        revolver, or handgun has not been issued a currently
18        valid license under the Firearm Concealed Carry Act; or
19            (C) the person possessing the firearm has not been
20        issued a currently valid Firearm Owner's
21        Identification Card; or
22            (D) the person possessing the weapon was
23        previously adjudicated a delinquent minor under the
24        Juvenile Court Act of 1987 for an act that if committed
25        by an adult would be a felony; or
26            (E) the person possessing the weapon was engaged in

 

 

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1        a misdemeanor violation of the Cannabis Control Act, in
2        a misdemeanor violation of the Illinois Controlled
3        Substances Act, or in a misdemeanor violation of the
4        Methamphetamine Control and Community Protection Act;
5        or
6            (F) (blank); or
7            (G) the person possessing the weapon had a order of
8        protection issued against him or her within the
9        previous 2 years; or
10            (H) the person possessing the weapon was engaged in
11        the commission or attempted commission of a
12        misdemeanor involving the use or threat of violence
13        against the person or property of another; or
14            (I) the person possessing the weapon was under 21
15        years of age and in possession of a handgun, unless the
16        person under 21 is engaged in lawful activities under
17        the Wildlife Code or described in subsection
18        24-2(b)(1), (b)(3), or 24-2(f).
19    (a-5) "Handgun" as used in this Section has the meaning
20given to it in Section 5 of the Firearm Concealed Carry Act.
21    (b) "Stun gun or taser" as used in this Section has the
22same definition given to it in Section 24-1 of this Code.
23    (c) This Section does not apply to or affect the
24transportation or possession of weapons that:
25        (i) are broken down in a non-functioning state; or
26        (ii) are not immediately accessible; or

 

 

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1        (iii) are unloaded and enclosed in a case, firearm
2    carrying box, shipping box, or other container by a person
3    who has been issued a currently valid Firearm Owner's
4    Identification Card.
5    (d) Sentence.
6         (1) Aggravated unlawful use of a weapon is a Class 4
7    felony; a second or subsequent offense is a Class 2 felony
8    for which the person shall be sentenced to a term of
9    imprisonment of not less than 4 3 years and not more than
10    10 7 years.
11        (2) Except as otherwise provided in paragraphs (3) and
12    (4) of this subsection (d), a first offense of aggravated
13    unlawful use of a weapon committed with a firearm by a
14    person 18 years of age or older where the factors listed in
15    both items (A) and (C) or both items (A-5) and (C) or both
16    items (B) and (C) or both items (B-5) and (C) of paragraph
17    (3) of subsection (a) are present is a Class 4 felony, for
18    which the person shall be sentenced to a term of
19    imprisonment of not less than one year and not more than 3
20    years.
21        (3) Aggravated unlawful use of a weapon by a person who
22    has been previously convicted of a felony in this State or
23    another jurisdiction is a Class 2 felony for which the
24    person shall be sentenced to a term of imprisonment of not
25    less than 4 3 years and not more than 10 7 years.
26        (4) Aggravated unlawful use of a weapon while wearing

 

 

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1    or in possession of body armor as defined in Section 33F-1
2    by a person who has not been issued a valid Firearms
3    Owner's Identification Card in accordance with Section 5 of
4    the Firearm Owners Identification Card Act is a Class X
5    felony.
6    (e) The possession of each firearm in violation of this
7Section constitutes a single and separate violation.
8(Source: P.A. 98-63, eff. 7-9-13.)
 
9    (720 ILCS 5/24-1.8)
10    Sec. 24-1.8. Unlawful possession of a firearm by a street
11gang member.
12    (a) A person commits unlawful possession of a firearm by a
13street gang member when he or she knowingly:
14        (1) possesses, carries, or conceals on or about his or
15    her person a firearm and firearm ammunition while on any
16    street, road, alley, gangway, sidewalk, or any other lands,
17    except when inside his or her own abode or inside his or
18    her fixed place of business, and has not been issued a
19    currently valid Firearm Owner's Identification Card and is
20    a member of a street gang; or
21        (2) possesses or carries in any vehicle a firearm and
22    firearm ammunition which are both immediately accessible
23    at the time of the offense while on any street, road,
24    alley, or any other lands, except when inside his or her
25    own abode or garage, and has not been issued a currently

 

 

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1    valid Firearm Owner's Identification Card and is a member
2    of a street gang.
3    (b) Unlawful possession of a firearm by a street gang
4member is a Class 2 felony for which the person, if sentenced
5to a term of imprisonment, shall be sentenced to no less than 4
63 years and no more than 10 years. A period of probation, a
7term of periodic imprisonment or conditional discharge shall
8not be imposed for the offense of unlawful possession of a
9firearm by a street gang member when the firearm was loaded or
10contained firearm ammunition and the court shall sentence the
11offender to not less than the minimum term of imprisonment
12authorized for the Class 2 felony. A sentence of county impact
13incarceration under Section 5-8-1.2 of the Unified Code of
14Corrections is not authorized for a violation of this Section.
15    (c) For purposes of this Section:
16        "Street gang" or "gang" has the meaning ascribed to it
17    in Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        "Street gang member" or "gang member" has the meaning
20    ascribed to it in Section 10 of the Illinois Streetgang
21    Terrorism Omnibus Prevention Act.
22(Source: P.A. 96-829, eff. 12-3-09.)
 
23    Section 10. The Unified Code of Corrections is amended by
24changing Sections 3-6-3, 5-5-3, and 5-8-1.2 as follows:
 

 

 

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1    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
2    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
3        (a) (1) The Department of Corrections shall prescribe
4    rules and regulations for awarding and revoking sentence
5    credit for persons committed to the Department which shall
6    be subject to review by the Prisoner Review Board.
7        (1.5) As otherwise provided by law, sentence credit may
8    be awarded for the following:
9            (A) successful completion of programming while in
10        custody of the Department or while in custody prior to
11        sentencing;
12            (B) compliance with the rules and regulations of
13        the Department; or
14            (C) service to the institution, service to a
15        community, or service to the State.
16        (2) The rules and regulations on sentence credit shall
17    provide, with respect to offenses listed in clause (i),
18    (ii), or (iii) of this paragraph (2) committed on or after
19    June 19, 1998 or with respect to the offense listed in
20    clause (iv) of this paragraph (2) committed on or after
21    June 23, 2005 (the effective date of Public Act 94-71) or
22    with respect to offense listed in clause (vi) committed on
23    or after June 1, 2008 (the effective date of Public Act
24    95-625) or with respect to the offense of being an armed
25    habitual criminal committed on or after August 2, 2005 (the
26    effective date of Public Act 94-398) or with respect to the

 

 

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1    offenses listed in clause (v) of this paragraph (2)
2    committed on or after August 13, 2007 (the effective date
3    of Public Act 95-134) or with respect to the offense of
4    aggravated domestic battery committed on or after July 23,
5    2010 (the effective date of Public Act 96-1224) or with
6    respect to the offense of attempt to commit terrorism
7    committed on or after January 1, 2013 (the effective date
8    of Public Act 97-990) or with respect to offenses listed in
9    clause (viii) committed on or after the effective date of
10    this amendatory Act of the 98th General Assembly, the
11    following:
12            (i) that a prisoner who is serving a term of
13        imprisonment for first degree murder or for the offense
14        of terrorism shall receive no sentence credit and shall
15        serve the entire sentence imposed by the court;
16            (ii) that a prisoner serving a sentence for attempt
17        to commit terrorism, attempt to commit first degree
18        murder, solicitation of murder, solicitation of murder
19        for hire, intentional homicide of an unborn child,
20        predatory criminal sexual assault of a child,
21        aggravated criminal sexual assault, criminal sexual
22        assault, aggravated kidnapping, aggravated battery
23        with a firearm as described in Section 12-4.2 or
24        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
25        Section 12-3.05, heinous battery as described in
26        Section 12-4.1 or subdivision (a)(2) of Section

 

 

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1        12-3.05, being an armed habitual criminal, aggravated
2        battery of a senior citizen as described in Section
3        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
4        aggravated battery of a child as described in Section
5        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall
6        receive no more than 4.5 days of sentence credit for
7        each month of his or her sentence of imprisonment;
8            (iii) that a prisoner serving a sentence for home
9        invasion, armed robbery, aggravated vehicular
10        hijacking, aggravated discharge of a firearm, or armed
11        violence with a category I weapon or category II
12        weapon, when the court has made and entered a finding,
13        pursuant to subsection (c-1) of Section 5-4-1 of this
14        Code, that the conduct leading to conviction for the
15        enumerated offense resulted in great bodily harm to a
16        victim, shall receive no more than 4.5 days of sentence
17        credit for each month of his or her sentence of
18        imprisonment;
19            (iv) that a prisoner serving a sentence for
20        aggravated discharge of a firearm, whether or not the
21        conduct leading to conviction for the offense resulted
22        in great bodily harm to the victim, shall receive no
23        more than 4.5 days of sentence credit for each month of
24        his or her sentence of imprisonment;
25            (v) that a person serving a sentence for
26        gunrunning, narcotics racketeering, controlled

 

 

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1        substance trafficking, methamphetamine trafficking,
2        drug-induced homicide, aggravated
3        methamphetamine-related child endangerment, money
4        laundering pursuant to clause (c) (4) or (5) of Section
5        29B-1 of the Criminal Code of 1961 or the Criminal Code
6        of 2012, or a Class X felony conviction for delivery of
7        a controlled substance, possession of a controlled
8        substance with intent to manufacture or deliver,
9        calculated criminal drug conspiracy, criminal drug
10        conspiracy, street gang criminal drug conspiracy,
11        participation in methamphetamine manufacturing,
12        aggravated participation in methamphetamine
13        manufacturing, delivery of methamphetamine, possession
14        with intent to deliver methamphetamine, aggravated
15        delivery of methamphetamine, aggravated possession
16        with intent to deliver methamphetamine,
17        methamphetamine conspiracy when the substance
18        containing the controlled substance or methamphetamine
19        is 100 grams or more shall receive no more than 7.5
20        days sentence credit for each month of his or her
21        sentence of imprisonment;
22            (vi) that a prisoner serving a sentence for a
23        second or subsequent offense of luring a minor shall
24        receive no more than 4.5 days of sentence credit for
25        each month of his or her sentence of imprisonment; and
26            (vii) that a prisoner serving a sentence for

 

 

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1        aggravated domestic battery shall receive no more than
2        4.5 days of sentence credit for each month of his or
3        her sentence of imprisonment; and
4            (viii) that a prisoner serving a sentence for a
5        violation of Section 24-1.1, 24-1.6, or 24-1.8 of the
6        Criminal Code of 2012 shall receive no more than 4.5
7        days of sentence credit for each month of his or her
8        sentence of imprisonment.
9        (2.1) For all offenses, other than those enumerated in
10    subdivision (a)(2)(i), (ii), or (iii) committed on or after
11    June 19, 1998 or subdivision (a)(2)(iv) committed on or
12    after June 23, 2005 (the effective date of Public Act
13    94-71) or subdivision (a)(2)(v) committed on or after
14    August 13, 2007 (the effective date of Public Act 95-134)
15    or subdivision (a)(2)(vi) committed on or after June 1,
16    2008 (the effective date of Public Act 95-625) or
17    subdivision (a)(2)(vii) committed on or after July 23, 2010
18    (the effective date of Public Act 96-1224), and other than
19    the offense of aggravated driving under the influence of
20    alcohol, other drug or drugs, or intoxicating compound or
21    compounds, or any combination thereof as defined in
22    subparagraph (F) of paragraph (1) of subsection (d) of
23    Section 11-501 of the Illinois Vehicle Code, and other than
24    the offense of aggravated driving under the influence of
25    alcohol, other drug or drugs, or intoxicating compound or
26    compounds, or any combination thereof as defined in

 

 

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1    subparagraph (C) of paragraph (1) of subsection (d) of
2    Section 11-501 of the Illinois Vehicle Code committed on or
3    after January 1, 2011 (the effective date of Public Act
4    96-1230), the rules and regulations shall provide that a
5    prisoner who is serving a term of imprisonment shall
6    receive one day of sentence credit for each day of his or
7    her sentence of imprisonment or recommitment under Section
8    3-3-9. Each day of sentence credit shall reduce by one day
9    the prisoner's period of imprisonment or recommitment
10    under Section 3-3-9.
11        (2.2) A prisoner serving a term of natural life
12    imprisonment or a prisoner who has been sentenced to death
13    shall receive no sentence credit.
14        (2.3) The rules and regulations on sentence credit
15    shall provide that a prisoner who is serving a sentence for
16    aggravated driving under the influence of alcohol, other
17    drug or drugs, or intoxicating compound or compounds, or
18    any combination thereof as defined in subparagraph (F) of
19    paragraph (1) of subsection (d) of Section 11-501 of the
20    Illinois Vehicle Code, shall receive no more than 4.5 days
21    of sentence credit for each month of his or her sentence of
22    imprisonment.
23        (2.4) The rules and regulations on sentence credit
24    shall provide with respect to the offenses of aggravated
25    battery with a machine gun or a firearm equipped with any
26    device or attachment designed or used for silencing the

 

 

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1    report of a firearm or aggravated discharge of a machine
2    gun or a firearm equipped with any device or attachment
3    designed or used for silencing the report of a firearm,
4    committed on or after July 15, 1999 (the effective date of
5    Public Act 91-121), that a prisoner serving a sentence for
6    any of these offenses shall receive no more than 4.5 days
7    of sentence credit for each month of his or her sentence of
8    imprisonment.
9        (2.5) The rules and regulations on sentence credit
10    shall provide that a prisoner who is serving a sentence for
11    aggravated arson committed on or after July 27, 2001 (the
12    effective date of Public Act 92-176) shall receive no more
13    than 4.5 days of sentence credit for each month of his or
14    her sentence of imprisonment.
15        (2.6) The rules and regulations on sentence credit
16    shall provide that a prisoner who is serving a sentence for
17    aggravated driving under the influence of alcohol, other
18    drug or drugs, or intoxicating compound or compounds or any
19    combination thereof as defined in subparagraph (C) of
20    paragraph (1) of subsection (d) of Section 11-501 of the
21    Illinois Vehicle Code committed on or after January 1, 2011
22    (the effective date of Public Act 96-1230) shall receive no
23    more than 4.5 days of sentence credit for each month of his
24    or her sentence of imprisonment.
25        (3) The rules and regulations shall also provide that
26    the Director may award up to 180 days additional sentence

 

 

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1    credit for good conduct in specific instances as the
2    Director deems proper. The good conduct may include, but is
3    not limited to, compliance with the rules and regulations
4    of the Department, service to the Department, service to a
5    community, or service to the State. However, the Director
6    shall not award more than 90 days of sentence credit for
7    good conduct to any prisoner who is serving a sentence for
8    conviction of first degree murder, reckless homicide while
9    under the influence of alcohol or any other drug, or
10    aggravated driving under the influence of alcohol, other
11    drug or drugs, or intoxicating compound or compounds, or
12    any combination thereof as defined in subparagraph (F) of
13    paragraph (1) of subsection (d) of Section 11-501 of the
14    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
15    predatory criminal sexual assault of a child, aggravated
16    criminal sexual assault, criminal sexual assault, deviate
17    sexual assault, aggravated criminal sexual abuse,
18    aggravated indecent liberties with a child, indecent
19    liberties with a child, child pornography, heinous battery
20    as described in Section 12-4.1 or subdivision (a)(2) of
21    Section 12-3.05, aggravated battery of a spouse,
22    aggravated battery of a spouse with a firearm, stalking,
23    aggravated stalking, aggravated battery of a child as
24    described in Section 12-4.3 or subdivision (b)(1) of
25    Section 12-3.05, endangering the life or health of a child,
26    or cruelty to a child. Notwithstanding the foregoing,

 

 

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1    sentence credit for good conduct shall not be awarded on a
2    sentence of imprisonment imposed for conviction of: (i) one
3    of the offenses enumerated in subdivision (a)(2)(i), (ii),
4    or (iii) when the offense is committed on or after June 19,
5    1998 or subdivision (a)(2)(iv) when the offense is
6    committed on or after June 23, 2005 (the effective date of
7    Public Act 94-71) or subdivision (a)(2)(v) when the offense
8    is committed on or after August 13, 2007 (the effective
9    date of Public Act 95-134) or subdivision (a)(2)(vi) when
10    the offense is committed on or after June 1, 2008 (the
11    effective date of Public Act 95-625) or subdivision
12    (a)(2)(vii) when the offense is committed on or after July
13    23, 2010 (the effective date of Public Act 96-1224), (ii)
14    aggravated driving under the influence of alcohol, other
15    drug or drugs, or intoxicating compound or compounds, or
16    any combination thereof as defined in subparagraph (F) of
17    paragraph (1) of subsection (d) of Section 11-501 of the
18    Illinois Vehicle Code, (iii) one of the offenses enumerated
19    in subdivision (a)(2.4) when the offense is committed on or
20    after July 15, 1999 (the effective date of Public Act
21    91-121), (iv) aggravated arson when the offense is
22    committed on or after July 27, 2001 (the effective date of
23    Public Act 92-176), (v) offenses that may subject the
24    offender to commitment under the Sexually Violent Persons
25    Commitment Act, or (vi) aggravated driving under the
26    influence of alcohol, other drug or drugs, or intoxicating

 

 

09800SB1342ham003- 19 -LRB098 06687 RLC 49559 a

1    compound or compounds or any combination thereof as defined
2    in subparagraph (C) of paragraph (1) of subsection (d) of
3    Section 11-501 of the Illinois Vehicle Code committed on or
4    after January 1, 2011 (the effective date of Public Act
5    96-1230).
6    Eligible inmates for an award of sentence credit under this
7paragraph (3) may be selected to receive the credit at the
8Director's or his or her designee's sole discretion.
9Consideration may be based on, but not limited to, any
10available risk assessment analysis on the inmate, any history
11of conviction for violent crimes as defined by the Rights of
12Crime Victims and Witnesses Act, facts and circumstances of the
13inmate's holding offense or offenses, and the potential for
14rehabilitation.
15    The Director shall not award sentence credit under this
16paragraph (3) to an inmate unless the inmate has served a
17minimum of 60 days of the sentence; except nothing in this
18paragraph shall be construed to permit the Director to extend
19an inmate's sentence beyond that which was imposed by the
20court. Prior to awarding credit under this paragraph (3), the
21Director shall make a written determination that the inmate:
22            (A) is eligible for the sentence credit;
23            (B) has served a minimum of 60 days, or as close to
24        60 days as the sentence will allow; and
25            (C) has met the eligibility criteria established
26        by rule.

 

 

09800SB1342ham003- 20 -LRB098 06687 RLC 49559 a

1        The Director shall determine the form and content of
2    the written determination required in this subsection.
3        (3.5) The Department shall provide annual written
4    reports to the Governor and the General Assembly on the
5    award of sentence credit for good conduct, with the first
6    report due January 1, 2014. The Department must publish
7    both reports on its website within 48 hours of transmitting
8    the reports to the Governor and the General Assembly. The
9    reports must include:
10            (A) the number of inmates awarded sentence credit
11        for good conduct;
12            (B) the average amount of sentence credit for good
13        conduct awarded;
14            (C) the holding offenses of inmates awarded
15        sentence credit for good conduct; and
16            (D) the number of sentence credit for good conduct
17        revocations.
18        (4) The rules and regulations shall also provide that
19    the sentence credit accumulated and retained under
20    paragraph (2.1) of subsection (a) of this Section by any
21    inmate during specific periods of time in which such inmate
22    is engaged full-time in substance abuse programs,
23    correctional industry assignments, educational programs,
24    behavior modification programs, life skills courses, or
25    re-entry planning provided by the Department under this
26    paragraph (4) and satisfactorily completes the assigned

 

 

09800SB1342ham003- 21 -LRB098 06687 RLC 49559 a

1    program as determined by the standards of the Department,
2    shall be multiplied by a factor of 1.25 for program
3    participation before August 11, 1993 and 1.50 for program
4    participation on or after that date. The rules and
5    regulations shall also provide that sentence credit,
6    subject to the same offense limits and multiplier provided
7    in this paragraph, may be provided to an inmate who was
8    held in pre-trial detention prior to his or her current
9    commitment to the Department of Corrections and
10    successfully completed a full-time, 60-day or longer
11    substance abuse program, educational program, behavior
12    modification program, life skills course, or re-entry
13    planning provided by the county department of corrections
14    or county jail. Calculation of this county program credit
15    shall be done at sentencing as provided in Section
16    5-4.5-100 of this Code and shall be included in the
17    sentencing order. However, no inmate shall be eligible for
18    the additional sentence credit under this paragraph (4) or
19    (4.1) of this subsection (a) while assigned to a boot camp
20    or electronic detention, or if convicted of an offense
21    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
22    Section that is committed on or after June 19, 1998 or
23    subdivision (a)(2)(iv) of this Section that is committed on
24    or after June 23, 2005 (the effective date of Public Act
25    94-71) or subdivision (a)(2)(v) of this Section that is
26    committed on or after August 13, 2007 (the effective date

 

 

09800SB1342ham003- 22 -LRB098 06687 RLC 49559 a

1    of Public Act 95-134) or subdivision (a)(2)(vi) when the
2    offense is committed on or after June 1, 2008 (the
3    effective date of Public Act 95-625) or subdivision
4    (a)(2)(vii) when the offense is committed on or after July
5    23, 2010 (the effective date of Public Act 96-1224), or if
6    convicted of aggravated driving under the influence of
7    alcohol, other drug or drugs, or intoxicating compound or
8    compounds or any combination thereof as defined in
9    subparagraph (F) of paragraph (1) of subsection (d) of
10    Section 11-501 of the Illinois Vehicle Code, or if
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds or any combination thereof as defined in
14    subparagraph (C) of paragraph (1) of subsection (d) of
15    Section 11-501 of the Illinois Vehicle Code committed on or
16    after January 1, 2011 (the effective date of Public Act
17    96-1230), or if convicted of an offense enumerated in
18    paragraph (a)(2.4) of this Section that is committed on or
19    after July 15, 1999 (the effective date of Public Act
20    91-121), or first degree murder, a Class X felony, criminal
21    sexual assault, felony criminal sexual abuse, aggravated
22    criminal sexual abuse, aggravated battery with a firearm as
23    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
24    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
25    successor offenses with the same or substantially the same
26    elements, or any inchoate offenses relating to the

 

 

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1    foregoing offenses. No inmate shall be eligible for the
2    additional good conduct credit under this paragraph (4) who
3    (i) has previously received increased good conduct credit
4    under this paragraph (4) and has subsequently been
5    convicted of a felony, or (ii) has previously served more
6    than one prior sentence of imprisonment for a felony in an
7    adult correctional facility.
8        Educational, vocational, substance abuse, behavior
9    modification programs, life skills courses, re-entry
10    planning, and correctional industry programs under which
11    sentence credit may be increased under this paragraph (4)
12    and paragraph (4.1) of this subsection (a) shall be
13    evaluated by the Department on the basis of documented
14    standards. The Department shall report the results of these
15    evaluations to the Governor and the General Assembly by
16    September 30th of each year. The reports shall include data
17    relating to the recidivism rate among program
18    participants.
19        Availability of these programs shall be subject to the
20    limits of fiscal resources appropriated by the General
21    Assembly for these purposes. Eligible inmates who are
22    denied immediate admission shall be placed on a waiting
23    list under criteria established by the Department. The
24    inability of any inmate to become engaged in any such
25    programs by reason of insufficient program resources or for
26    any other reason established under the rules and

 

 

09800SB1342ham003- 24 -LRB098 06687 RLC 49559 a

1    regulations of the Department shall not be deemed a cause
2    of action under which the Department or any employee or
3    agent of the Department shall be liable for damages to the
4    inmate.
5        (4.1) The rules and regulations shall also provide that
6    an additional 60 days of sentence credit shall be awarded
7    to any prisoner who passes the high school level Test of
8    General Educational Development (GED) while the prisoner
9    is committed to the Department of Corrections. The sentence
10    credit awarded under this paragraph (4.1) shall be in
11    addition to, and shall not affect, the award of sentence
12    credit under any other paragraph of this Section, but shall
13    also be pursuant to the guidelines and restrictions set
14    forth in paragraph (4) of subsection (a) of this Section.
15    The sentence credit provided for in this paragraph shall be
16    available only to those prisoners who have not previously
17    earned a high school diploma or a GED. If, after an award
18    of the GED sentence credit has been made and the Department
19    determines that the prisoner was not eligible, then the
20    award shall be revoked. The Department may also award 60
21    days of sentence credit to any committed person who passed
22    the high school level Test of General Educational
23    Development (GED) while he or she was held in pre-trial
24    detention prior to the current commitment to the Department
25    of Corrections.
26        (4.5) The rules and regulations on sentence credit

 

 

09800SB1342ham003- 25 -LRB098 06687 RLC 49559 a

1    shall also provide that when the court's sentencing order
2    recommends a prisoner for substance abuse treatment and the
3    crime was committed on or after September 1, 2003 (the
4    effective date of Public Act 93-354), the prisoner shall
5    receive no sentence credit awarded under clause (3) of this
6    subsection (a) unless he or she participates in and
7    completes a substance abuse treatment program. The
8    Director may waive the requirement to participate in or
9    complete a substance abuse treatment program and award the
10    sentence credit in specific instances if the prisoner is
11    not a good candidate for a substance abuse treatment
12    program for medical, programming, or operational reasons.
13    Availability of substance abuse treatment shall be subject
14    to the limits of fiscal resources appropriated by the
15    General Assembly for these purposes. If treatment is not
16    available and the requirement to participate and complete
17    the treatment has not been waived by the Director, the
18    prisoner shall be placed on a waiting list under criteria
19    established by the Department. The Director may allow a
20    prisoner placed on a waiting list to participate in and
21    complete a substance abuse education class or attend
22    substance abuse self-help meetings in lieu of a substance
23    abuse treatment program. A prisoner on a waiting list who
24    is not placed in a substance abuse program prior to release
25    may be eligible for a waiver and receive sentence credit
26    under clause (3) of this subsection (a) at the discretion

 

 

09800SB1342ham003- 26 -LRB098 06687 RLC 49559 a

1    of the Director.
2        (4.6) The rules and regulations on sentence credit
3    shall also provide that a prisoner who has been convicted
4    of a sex offense as defined in Section 2 of the Sex
5    Offender Registration Act shall receive no sentence credit
6    unless he or she either has successfully completed or is
7    participating in sex offender treatment as defined by the
8    Sex Offender Management Board. However, prisoners who are
9    waiting to receive treatment, but who are unable to do so
10    due solely to the lack of resources on the part of the
11    Department, may, at the Director's sole discretion, be
12    awarded sentence credit at a rate as the Director shall
13    determine.
14        (5) Whenever the Department is to release any inmate
15    earlier than it otherwise would because of a grant of
16    sentence credit for good conduct under paragraph (3) of
17    subsection (a) of this Section given at any time during the
18    term, the Department shall give reasonable notice of the
19    impending release not less than 14 days prior to the date
20    of the release to the State's Attorney of the county where
21    the prosecution of the inmate took place, and if
22    applicable, the State's Attorney of the county into which
23    the inmate will be released. The Department must also make
24    identification information and a recent photo of the inmate
25    being released accessible on the Internet by means of a
26    hyperlink labeled "Community Notification of Inmate Early

 

 

09800SB1342ham003- 27 -LRB098 06687 RLC 49559 a

1    Release" on the Department's World Wide Web homepage. The
2    identification information shall include the inmate's:
3    name, any known alias, date of birth, physical
4    characteristics, residence address, commitment offense and
5    county where conviction was imposed. The identification
6    information shall be placed on the website within 3 days of
7    the inmate's release and the information may not be removed
8    until either: completion of the first year of mandatory
9    supervised release or return of the inmate to custody of
10    the Department.
11    (b) Whenever a person is or has been committed under
12several convictions, with separate sentences, the sentences
13shall be construed under Section 5-8-4 in granting and
14forfeiting of sentence credit.
15    (c) The Department shall prescribe rules and regulations
16for revoking sentence credit, including revoking sentence
17credit awarded for good conduct under paragraph (3) of
18subsection (a) of this Section. The Department shall prescribe
19rules and regulations for suspending or reducing the rate of
20accumulation of sentence credit for specific rule violations,
21during imprisonment. These rules and regulations shall provide
22that no inmate may be penalized more than one year of sentence
23credit for any one infraction.
24    When the Department seeks to revoke, suspend or reduce the
25rate of accumulation of any sentence credits for an alleged
26infraction of its rules, it shall bring charges therefor

 

 

09800SB1342ham003- 28 -LRB098 06687 RLC 49559 a

1against the prisoner sought to be so deprived of sentence
2credits before the Prisoner Review Board as provided in
3subparagraph (a)(4) of Section 3-3-2 of this Code, if the
4amount of credit at issue exceeds 30 days or when during any 12
5month period, the cumulative amount of credit revoked exceeds
630 days except where the infraction is committed or discovered
7within 60 days of scheduled release. In those cases, the
8Department of Corrections may revoke up to 30 days of sentence
9credit. The Board may subsequently approve the revocation of
10additional sentence credit, if the Department seeks to revoke
11sentence credit in excess of 30 days. However, the Board shall
12not be empowered to review the Department's decision with
13respect to the loss of 30 days of sentence credit within any
14calendar year for any prisoner or to increase any penalty
15beyond the length requested by the Department.
16    The Director of the Department of Corrections, in
17appropriate cases, may restore up to 30 days of sentence
18credits which have been revoked, suspended or reduced. Any
19restoration of sentence credits in excess of 30 days shall be
20subject to review by the Prisoner Review Board. However, the
21Board may not restore sentence credit in excess of the amount
22requested by the Director.
23    Nothing contained in this Section shall prohibit the
24Prisoner Review Board from ordering, pursuant to Section
253-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
26sentence imposed by the court that was not served due to the

 

 

09800SB1342ham003- 29 -LRB098 06687 RLC 49559 a

1accumulation of sentence credit.
2    (d) If a lawsuit is filed by a prisoner in an Illinois or
3federal court against the State, the Department of Corrections,
4or the Prisoner Review Board, or against any of their officers
5or employees, and the court makes a specific finding that a
6pleading, motion, or other paper filed by the prisoner is
7frivolous, the Department of Corrections shall conduct a
8hearing to revoke up to 180 days of sentence credit by bringing
9charges against the prisoner sought to be deprived of the
10sentence credits before the Prisoner Review Board as provided
11in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
12prisoner has not accumulated 180 days of sentence credit at the
13time of the finding, then the Prisoner Review Board may revoke
14all sentence credit accumulated by the prisoner.
15    For purposes of this subsection (d):
16        (1) "Frivolous" means that a pleading, motion, or other
17    filing which purports to be a legal document filed by a
18    prisoner in his or her lawsuit meets any or all of the
19    following criteria:
20            (A) it lacks an arguable basis either in law or in
21        fact;
22            (B) it is being presented for any improper purpose,
23        such as to harass or to cause unnecessary delay or
24        needless increase in the cost of litigation;
25            (C) the claims, defenses, and other legal
26        contentions therein are not warranted by existing law

 

 

09800SB1342ham003- 30 -LRB098 06687 RLC 49559 a

1        or by a nonfrivolous argument for the extension,
2        modification, or reversal of existing law or the
3        establishment of new law;
4            (D) the allegations and other factual contentions
5        do not have evidentiary support or, if specifically so
6        identified, are not likely to have evidentiary support
7        after a reasonable opportunity for further
8        investigation or discovery; or
9            (E) the denials of factual contentions are not
10        warranted on the evidence, or if specifically so
11        identified, are not reasonably based on a lack of
12        information or belief.
13        (2) "Lawsuit" means a motion pursuant to Section 116-3
14    of the Code of Criminal Procedure of 1963, a habeas corpus
15    action under Article X of the Code of Civil Procedure or
16    under federal law (28 U.S.C. 2254), a petition for claim
17    under the Court of Claims Act, an action under the federal
18    Civil Rights Act (42 U.S.C. 1983), or a second or
19    subsequent petition for post-conviction relief under
20    Article 122 of the Code of Criminal Procedure of 1963
21    whether filed with or without leave of court or a second or
22    subsequent petition for relief from judgment under Section
23    2-1401 of the Code of Civil Procedure.
24    (e) Nothing in Public Act 90-592 or 90-593 affects the
25validity of Public Act 89-404.
26    (f) Whenever the Department is to release any inmate who

 

 

09800SB1342ham003- 31 -LRB098 06687 RLC 49559 a

1has been convicted of a violation of an order of protection
2under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
3the Criminal Code of 2012, earlier than it otherwise would
4because of a grant of sentence credit, the Department, as a
5condition of release, shall require that the person, upon
6release, be placed under electronic surveillance as provided in
7Section 5-8A-7 of this Code.
8(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
996-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
107-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
11eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
1297-1150, eff. 1-25-13.)
 
13    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
14    Sec. 5-5-3. Disposition.
15    (a) (Blank).
16    (b) (Blank).
17    (c) (1) (Blank).
18        (2) A period of probation, a term of periodic
19    imprisonment or conditional discharge shall not be imposed
20    for the following offenses. The court shall sentence the
21    offender to not less than the minimum term of imprisonment
22    set forth in this Code for the following offenses, and may
23    order a fine or restitution or both in conjunction with
24    such term of imprisonment:
25            (A) First degree murder where the death penalty is

 

 

09800SB1342ham003- 32 -LRB098 06687 RLC 49559 a

1        not imposed.
2            (B) Attempted first degree murder.
3            (C) A Class X felony.
4            (D) A violation of Section 401.1 or 407 of the
5        Illinois Controlled Substances Act, or a violation of
6        subdivision (c)(1.5) or (c)(2) of Section 401 of that
7        Act which relates to more than 5 grams of a substance
8        containing cocaine, fentanyl, or an analog thereof.
9            (D-5) A violation of subdivision (c)(1) of Section
10        401 of the Illinois Controlled Substances Act which
11        relates to 3 or more grams of a substance containing
12        heroin or an analog thereof.
13            (E) A violation of Section 5.1 or 9 of the Cannabis
14        Control Act.
15            (F) A Class 2 or greater felony if the offender had
16        been convicted of a Class 2 or greater felony,
17        including any state or federal conviction for an
18        offense that contained, at the time it was committed,
19        the same elements as an offense now (the date of the
20        offense committed after the prior Class 2 or greater
21        felony) classified as a Class 2 or greater felony,
22        within 10 years of the date on which the offender
23        committed the offense for which he or she is being
24        sentenced, except as otherwise provided in Section
25        40-10 of the Alcoholism and Other Drug Abuse and
26        Dependency Act.

 

 

09800SB1342ham003- 33 -LRB098 06687 RLC 49559 a

1            (F-5) A violation of Section 24-1, 24-1.1, or
2        24-1.6, or 24-1.8 of the Criminal Code of 1961 or the
3        Criminal Code of 2012 for which imprisonment is
4        prescribed in those Sections.
5            (G) Residential burglary, except as otherwise
6        provided in Section 40-10 of the Alcoholism and Other
7        Drug Abuse and Dependency Act.
8            (H) Criminal sexual assault.
9            (I) Aggravated battery of a senior citizen as
10        described in Section 12-4.6 or subdivision (a)(4) of
11        Section 12-3.05 of the Criminal Code of 1961 or the
12        Criminal Code of 2012.
13            (J) A forcible felony if the offense was related to
14        the activities of an organized gang.
15            Before July 1, 1994, for the purposes of this
16        paragraph, "organized gang" means an association of 5
17        or more persons, with an established hierarchy, that
18        encourages members of the association to perpetrate
19        crimes or provides support to the members of the
20        association who do commit crimes.
21            Beginning July 1, 1994, for the purposes of this
22        paragraph, "organized gang" has the meaning ascribed
23        to it in Section 10 of the Illinois Streetgang
24        Terrorism Omnibus Prevention Act.
25            (K) Vehicular hijacking.
26            (L) A second or subsequent conviction for the

 

 

09800SB1342ham003- 34 -LRB098 06687 RLC 49559 a

1        offense of hate crime when the underlying offense upon
2        which the hate crime is based is felony aggravated
3        assault or felony mob action.
4            (M) A second or subsequent conviction for the
5        offense of institutional vandalism if the damage to the
6        property exceeds $300.
7            (N) A Class 3 felony violation of paragraph (1) of
8        subsection (a) of Section 2 of the Firearm Owners
9        Identification Card Act.
10            (O) A violation of Section 12-6.1 or 12-6.5 of the
11        Criminal Code of 1961 or the Criminal Code of 2012.
12            (P) A violation of paragraph (1), (2), (3), (4),
13        (5), or (7) of subsection (a) of Section 11-20.1 of the
14        Criminal Code of 1961 or the Criminal Code of 2012.
15            (Q) A violation of subsection (b) or (b-5) of
16        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
17        Criminal Code of 1961 or the Criminal Code of 2012.
18            (R) A violation of Section 24-3A of the Criminal
19        Code of 1961 or the Criminal Code of 2012.
20            (S) (Blank).
21            (T) A second or subsequent violation of the
22        Methamphetamine Control and Community Protection Act.
23            (U) A second or subsequent violation of Section
24        6-303 of the Illinois Vehicle Code committed while his
25        or her driver's license, permit, or privilege was
26        revoked because of a violation of Section 9-3 of the

 

 

09800SB1342ham003- 35 -LRB098 06687 RLC 49559 a

1        Criminal Code of 1961 or the Criminal Code of 2012,
2        relating to the offense of reckless homicide, or a
3        similar provision of a law of another state.
4            (V) A violation of paragraph (4) of subsection (c)
5        of Section 11-20.1B or paragraph (4) of subsection (c)
6        of Section 11-20.3 of the Criminal Code of 1961, or
7        paragraph (6) of subsection (a) of Section 11-20.1 of
8        the Criminal Code of 2012 when the victim is under 13
9        years of age and the defendant has previously been
10        convicted under the laws of this State or any other
11        state of the offense of child pornography, aggravated
12        child pornography, aggravated criminal sexual abuse,
13        aggravated criminal sexual assault, predatory criminal
14        sexual assault of a child, or any of the offenses
15        formerly known as rape, deviate sexual assault,
16        indecent liberties with a child, or aggravated
17        indecent liberties with a child where the victim was
18        under the age of 18 years or an offense that is
19        substantially equivalent to those offenses.
20            (W) A violation of Section 24-3.5 of the Criminal
21        Code of 1961 or the Criminal Code of 2012.
22            (X) A violation of subsection (a) of Section 31-1a
23        of the Criminal Code of 1961 or the Criminal Code of
24        2012.
25            (Y) A conviction for unlawful possession of a
26        firearm by a street gang member when the firearm was

 

 

09800SB1342ham003- 36 -LRB098 06687 RLC 49559 a

1        loaded or contained firearm ammunition.
2            (Z) A Class 1 felony committed while he or she was
3        serving a term of probation or conditional discharge
4        for a felony.
5            (AA) Theft of property exceeding $500,000 and not
6        exceeding $1,000,000 in value.
7            (BB) Laundering of criminally derived property of
8        a value exceeding $500,000.
9            (CC) Knowingly selling, offering for sale, holding
10        for sale, or using 2,000 or more counterfeit items or
11        counterfeit items having a retail value in the
12        aggregate of $500,000 or more.
13            (DD) A conviction for aggravated assault under
14        paragraph (6) of subsection (c) of Section 12-2 of the
15        Criminal Code of 1961 or the Criminal Code of 2012 if
16        the firearm is aimed toward the person against whom the
17        firearm is being used.
18        (3) (Blank).
19        (4) A minimum term of imprisonment of not less than 10
20    consecutive days or 30 days of community service shall be
21    imposed for a violation of paragraph (c) of Section 6-303
22    of the Illinois Vehicle Code.
23        (4.1) (Blank).
24        (4.2) Except as provided in paragraphs (4.3) and (4.8)
25    of this subsection (c), a minimum of 100 hours of community
26    service shall be imposed for a second violation of Section

 

 

09800SB1342ham003- 37 -LRB098 06687 RLC 49559 a

1    6-303 of the Illinois Vehicle Code.
2        (4.3) A minimum term of imprisonment of 30 days or 300
3    hours of community service, as determined by the court,
4    shall be imposed for a second violation of subsection (c)
5    of Section 6-303 of the Illinois Vehicle Code.
6        (4.4) Except as provided in paragraphs (4.5), (4.6),
7    and (4.9) of this subsection (c), a minimum term of
8    imprisonment of 30 days or 300 hours of community service,
9    as determined by the court, shall be imposed for a third or
10    subsequent violation of Section 6-303 of the Illinois
11    Vehicle Code.
12        (4.5) A minimum term of imprisonment of 30 days shall
13    be imposed for a third violation of subsection (c) of
14    Section 6-303 of the Illinois Vehicle Code.
15        (4.6) Except as provided in paragraph (4.10) of this
16    subsection (c), a minimum term of imprisonment of 180 days
17    shall be imposed for a fourth or subsequent violation of
18    subsection (c) of Section 6-303 of the Illinois Vehicle
19    Code.
20        (4.7) A minimum term of imprisonment of not less than
21    30 consecutive days, or 300 hours of community service,
22    shall be imposed for a violation of subsection (a-5) of
23    Section 6-303 of the Illinois Vehicle Code, as provided in
24    subsection (b-5) of that Section.
25        (4.8) A mandatory prison sentence shall be imposed for
26    a second violation of subsection (a-5) of Section 6-303 of

 

 

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1    the Illinois Vehicle Code, as provided in subsection (c-5)
2    of that Section. The person's driving privileges shall be
3    revoked for a period of not less than 5 years from the date
4    of his or her release from prison.
5        (4.9) A mandatory prison sentence of not less than 4
6    and not more than 15 years shall be imposed for a third
7    violation of subsection (a-5) of Section 6-303 of the
8    Illinois Vehicle Code, as provided in subsection (d-2.5) of
9    that Section. The person's driving privileges shall be
10    revoked for the remainder of his or her life.
11        (4.10) A mandatory prison sentence for a Class 1 felony
12    shall be imposed, and the person shall be eligible for an
13    extended term sentence, for a fourth or subsequent
14    violation of subsection (a-5) of Section 6-303 of the
15    Illinois Vehicle Code, as provided in subsection (d-3.5) of
16    that Section. The person's driving privileges shall be
17    revoked for the remainder of his or her life.
18        (5) The court may sentence a corporation or
19    unincorporated association convicted of any offense to:
20            (A) a period of conditional discharge;
21            (B) a fine;
22            (C) make restitution to the victim under Section
23        5-5-6 of this Code.
24        (5.1) In addition to any other penalties imposed, and
25    except as provided in paragraph (5.2) or (5.3), a person
26    convicted of violating subsection (c) of Section 11-907 of

 

 

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1    the Illinois Vehicle Code shall have his or her driver's
2    license, permit, or privileges suspended for at least 90
3    days but not more than one year, if the violation resulted
4    in damage to the property of another person.
5        (5.2) In addition to any other penalties imposed, and
6    except as provided in paragraph (5.3), a person convicted
7    of violating subsection (c) of Section 11-907 of the
8    Illinois Vehicle Code shall have his or her driver's
9    license, permit, or privileges suspended for at least 180
10    days but not more than 2 years, if the violation resulted
11    in injury to another person.
12        (5.3) In addition to any other penalties imposed, a
13    person convicted of violating subsection (c) of Section
14    11-907 of the Illinois Vehicle Code shall have his or her
15    driver's license, permit, or privileges suspended for 2
16    years, if the violation resulted in the death of another
17    person.
18        (5.4) In addition to any other penalties imposed, a
19    person convicted of violating Section 3-707 of the Illinois
20    Vehicle Code shall have his or her driver's license,
21    permit, or privileges suspended for 3 months and until he
22    or she has paid a reinstatement fee of $100.
23        (5.5) In addition to any other penalties imposed, a
24    person convicted of violating Section 3-707 of the Illinois
25    Vehicle Code during a period in which his or her driver's
26    license, permit, or privileges were suspended for a

 

 

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1    previous violation of that Section shall have his or her
2    driver's license, permit, or privileges suspended for an
3    additional 6 months after the expiration of the original
4    3-month suspension and until he or she has paid a
5    reinstatement fee of $100.
6        (6) (Blank).
7        (7) (Blank).
8        (8) (Blank).
9        (9) A defendant convicted of a second or subsequent
10    offense of ritualized abuse of a child may be sentenced to
11    a term of natural life imprisonment.
12        (10) (Blank).
13        (11) The court shall impose a minimum fine of $1,000
14    for a first offense and $2,000 for a second or subsequent
15    offense upon a person convicted of or placed on supervision
16    for battery when the individual harmed was a sports
17    official or coach at any level of competition and the act
18    causing harm to the sports official or coach occurred
19    within an athletic facility or within the immediate
20    vicinity of the athletic facility at which the sports
21    official or coach was an active participant of the athletic
22    contest held at the athletic facility. For the purposes of
23    this paragraph (11), "sports official" means a person at an
24    athletic contest who enforces the rules of the contest,
25    such as an umpire or referee; "athletic facility" means an
26    indoor or outdoor playing field or recreational area where

 

 

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1    sports activities are conducted; and "coach" means a person
2    recognized as a coach by the sanctioning authority that
3    conducted the sporting event.
4        (12) A person may not receive a disposition of court
5    supervision for a violation of Section 5-16 of the Boat
6    Registration and Safety Act if that person has previously
7    received a disposition of court supervision for a violation
8    of that Section.
9        (13) A person convicted of or placed on court
10    supervision for an assault or aggravated assault when the
11    victim and the offender are family or household members as
12    defined in Section 103 of the Illinois Domestic Violence
13    Act of 1986 or convicted of domestic battery or aggravated
14    domestic battery may be required to attend a Partner Abuse
15    Intervention Program under protocols set forth by the
16    Illinois Department of Human Services under such terms and
17    conditions imposed by the court. The costs of such classes
18    shall be paid by the offender.
19    (d) In any case in which a sentence originally imposed is
20vacated, the case shall be remanded to the trial court. The
21trial court shall hold a hearing under Section 5-4-1 of the
22Unified Code of Corrections which may include evidence of the
23defendant's life, moral character and occupation during the
24time since the original sentence was passed. The trial court
25shall then impose sentence upon the defendant. The trial court
26may impose any sentence which could have been imposed at the

 

 

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1original trial subject to Section 5-5-4 of the Unified Code of
2Corrections. If a sentence is vacated on appeal or on
3collateral attack due to the failure of the trier of fact at
4trial to determine beyond a reasonable doubt the existence of a
5fact (other than a prior conviction) necessary to increase the
6punishment for the offense beyond the statutory maximum
7otherwise applicable, either the defendant may be re-sentenced
8to a term within the range otherwise provided or, if the State
9files notice of its intention to again seek the extended
10sentence, the defendant shall be afforded a new trial.
11    (e) In cases where prosecution for aggravated criminal
12sexual abuse under Section 11-1.60 or 12-16 of the Criminal
13Code of 1961 or the Criminal Code of 2012 results in conviction
14of a defendant who was a family member of the victim at the
15time of the commission of the offense, the court shall consider
16the safety and welfare of the victim and may impose a sentence
17of probation only where:
18        (1) the court finds (A) or (B) or both are appropriate:
19            (A) the defendant is willing to undergo a court
20        approved counseling program for a minimum duration of 2
21        years; or
22            (B) the defendant is willing to participate in a
23        court approved plan including but not limited to the
24        defendant's:
25                (i) removal from the household;
26                (ii) restricted contact with the victim;

 

 

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1                (iii) continued financial support of the
2            family;
3                (iv) restitution for harm done to the victim;
4            and
5                (v) compliance with any other measures that
6            the court may deem appropriate; and
7        (2) the court orders the defendant to pay for the
8    victim's counseling services, to the extent that the court
9    finds, after considering the defendant's income and
10    assets, that the defendant is financially capable of paying
11    for such services, if the victim was under 18 years of age
12    at the time the offense was committed and requires
13    counseling as a result of the offense.
14    Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21    For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2311-0.1 of the Criminal Code of 2012.
24    (f) (Blank).
25    (g) Whenever a defendant is convicted of an offense under
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

 

 

09800SB1342ham003- 44 -LRB098 06687 RLC 49559 a

111-14.3, 11-14.4 except for an offense that involves keeping a
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the defendant shall undergo medical
6testing to determine whether the defendant has any sexually
7transmissible disease, including a test for infection with
8human immunodeficiency virus (HIV) or any other identified
9causative agent of acquired immunodeficiency syndrome (AIDS).
10Any such medical test shall be performed only by appropriately
11licensed medical practitioners and may include an analysis of
12any bodily fluids as well as an examination of the defendant's
13person. Except as otherwise provided by law, the results of
14such test shall be kept strictly confidential by all medical
15personnel involved in the testing and must be personally
16delivered in a sealed envelope to the judge of the court in
17which the conviction was entered for the judge's inspection in
18camera. Acting in accordance with the best interests of the
19victim and the public, the judge shall have the discretion to
20determine to whom, if anyone, the results of the testing may be
21revealed. The court shall notify the defendant of the test
22results. The court shall also notify the victim if requested by
23the victim, and if the victim is under the age of 15 and if
24requested by the victim's parents or legal guardian, the court
25shall notify the victim's parents or legal guardian of the test
26results. The court shall provide information on the

 

 

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1availability of HIV testing and counseling at Department of
2Public Health facilities to all parties to whom the results of
3the testing are revealed and shall direct the State's Attorney
4to provide the information to the victim when possible. A
5State's Attorney may petition the court to obtain the results
6of any HIV test administered under this Section, and the court
7shall grant the disclosure if the State's Attorney shows it is
8relevant in order to prosecute a charge of criminal
9transmission of HIV under Section 12-5.01 or 12-16.2 of the
10Criminal Code of 1961 or the Criminal Code of 2012 against the
11defendant. The court shall order that the cost of any such test
12shall be paid by the county and may be taxed as costs against
13the convicted defendant.
14    (g-5) When an inmate is tested for an airborne communicable
15disease, as determined by the Illinois Department of Public
16Health including but not limited to tuberculosis, the results
17of the test shall be personally delivered by the warden or his
18or her designee in a sealed envelope to the judge of the court
19in which the inmate must appear for the judge's inspection in
20camera if requested by the judge. Acting in accordance with the
21best interests of those in the courtroom, the judge shall have
22the discretion to determine what if any precautions need to be
23taken to prevent transmission of the disease in the courtroom.
24    (h) Whenever a defendant is convicted of an offense under
25Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
26defendant shall undergo medical testing to determine whether

 

 

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1the defendant has been exposed to human immunodeficiency virus
2(HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS). Except as otherwise provided
4by law, the results of such test shall be kept strictly
5confidential by all medical personnel involved in the testing
6and must be personally delivered in a sealed envelope to the
7judge of the court in which the conviction was entered for the
8judge's inspection in camera. Acting in accordance with the
9best interests of the public, the judge shall have the
10discretion to determine to whom, if anyone, the results of the
11testing may be revealed. The court shall notify the defendant
12of a positive test showing an infection with the human
13immunodeficiency virus (HIV). The court shall provide
14information on the availability of HIV testing and counseling
15at Department of Public Health facilities to all parties to
16whom the results of the testing are revealed and shall direct
17the State's Attorney to provide the information to the victim
18when possible. A State's Attorney may petition the court to
19obtain the results of any HIV test administered under this
20Section, and the court shall grant the disclosure if the
21State's Attorney shows it is relevant in order to prosecute a
22charge of criminal transmission of HIV under Section 12-5.01 or
2312-16.2 of the Criminal Code of 1961 or the Criminal Code of
242012 against the defendant. The court shall order that the cost
25of any such test shall be paid by the county and may be taxed as
26costs against the convicted defendant.

 

 

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1    (i) All fines and penalties imposed under this Section for
2any violation of Chapters 3, 4, 6, and 11 of the Illinois
3Vehicle Code, or a similar provision of a local ordinance, and
4any violation of the Child Passenger Protection Act, or a
5similar provision of a local ordinance, shall be collected and
6disbursed by the circuit clerk as provided under Section 27.5
7of the Clerks of Courts Act.
8    (j) In cases when prosecution for any violation of Section
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
14Code of 2012, any violation of the Illinois Controlled
15Substances Act, any violation of the Cannabis Control Act, or
16any violation of the Methamphetamine Control and Community
17Protection Act results in conviction, a disposition of court
18supervision, or an order of probation granted under Section 10
19of the Cannabis Control Act, Section 410 of the Illinois
20Controlled Substance Act, or Section 70 of the Methamphetamine
21Control and Community Protection Act of a defendant, the court
22shall determine whether the defendant is employed by a facility
23or center as defined under the Child Care Act of 1969, a public
24or private elementary or secondary school, or otherwise works
25with children under 18 years of age on a daily basis. When a
26defendant is so employed, the court shall order the Clerk of

 

 

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1the Court to send a copy of the judgment of conviction or order
2of supervision or probation to the defendant's employer by
3certified mail. If the employer of the defendant is a school,
4the Clerk of the Court shall direct the mailing of a copy of
5the judgment of conviction or order of supervision or probation
6to the appropriate regional superintendent of schools. The
7regional superintendent of schools shall notify the State Board
8of Education of any notification under this subsection.
9    (j-5) A defendant at least 17 years of age who is convicted
10of a felony and who has not been previously convicted of a
11misdemeanor or felony and who is sentenced to a term of
12imprisonment in the Illinois Department of Corrections shall as
13a condition of his or her sentence be required by the court to
14attend educational courses designed to prepare the defendant
15for a high school diploma and to work toward a high school
16diploma or to work toward passing the high school level Test of
17General Educational Development (GED) or to work toward
18completing a vocational training program offered by the
19Department of Corrections. If a defendant fails to complete the
20educational training required by his or her sentence during the
21term of incarceration, the Prisoner Review Board shall, as a
22condition of mandatory supervised release, require the
23defendant, at his or her own expense, to pursue a course of
24study toward a high school diploma or passage of the GED test.
25The Prisoner Review Board shall revoke the mandatory supervised
26release of a defendant who wilfully fails to comply with this

 

 

09800SB1342ham003- 49 -LRB098 06687 RLC 49559 a

1subsection (j-5) upon his or her release from confinement in a
2penal institution while serving a mandatory supervised release
3term; however, the inability of the defendant after making a
4good faith effort to obtain financial aid or pay for the
5educational training shall not be deemed a wilful failure to
6comply. The Prisoner Review Board shall recommit the defendant
7whose mandatory supervised release term has been revoked under
8this subsection (j-5) as provided in Section 3-3-9. This
9subsection (j-5) does not apply to a defendant who has a high
10school diploma or has successfully passed the GED test. This
11subsection (j-5) does not apply to a defendant who is
12determined by the court to be developmentally disabled or
13otherwise mentally incapable of completing the educational or
14vocational program.
15    (k) (Blank).
16    (l) (A) Except as provided in paragraph (C) of subsection
17    (l), whenever a defendant, who is an alien as defined by
18    the Immigration and Nationality Act, is convicted of any
19    felony or misdemeanor offense, the court after sentencing
20    the defendant may, upon motion of the State's Attorney,
21    hold sentence in abeyance and remand the defendant to the
22    custody of the Attorney General of the United States or his
23    or her designated agent to be deported when:
24            (1) a final order of deportation has been issued
25        against the defendant pursuant to proceedings under
26        the Immigration and Nationality Act, and

 

 

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1            (2) the deportation of the defendant would not
2        deprecate the seriousness of the defendant's conduct
3        and would not be inconsistent with the ends of justice.
4        Otherwise, the defendant shall be sentenced as
5    provided in this Chapter V.
6        (B) If the defendant has already been sentenced for a
7    felony or misdemeanor offense, or has been placed on
8    probation under Section 10 of the Cannabis Control Act,
9    Section 410 of the Illinois Controlled Substances Act, or
10    Section 70 of the Methamphetamine Control and Community
11    Protection Act, the court may, upon motion of the State's
12    Attorney to suspend the sentence imposed, commit the
13    defendant to the custody of the Attorney General of the
14    United States or his or her designated agent when:
15            (1) a final order of deportation has been issued
16        against the defendant pursuant to proceedings under
17        the Immigration and Nationality Act, and
18            (2) the deportation of the defendant would not
19        deprecate the seriousness of the defendant's conduct
20        and would not be inconsistent with the ends of justice.
21        (C) This subsection (l) does not apply to offenders who
22    are subject to the provisions of paragraph (2) of
23    subsection (a) of Section 3-6-3.
24        (D) Upon motion of the State's Attorney, if a defendant
25    sentenced under this Section returns to the jurisdiction of
26    the United States, the defendant shall be recommitted to

 

 

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1    the custody of the county from which he or she was
2    sentenced. Thereafter, the defendant shall be brought
3    before the sentencing court, which may impose any sentence
4    that was available under Section 5-5-3 at the time of
5    initial sentencing. In addition, the defendant shall not be
6    eligible for additional sentence credit for good conduct as
7    provided under Section 3-6-3.
8    (m) A person convicted of criminal defacement of property
9under Section 21-1.3 of the Criminal Code of 1961 or the
10Criminal Code of 2012, in which the property damage exceeds
11$300 and the property damaged is a school building, shall be
12ordered to perform community service that may include cleanup,
13removal, or painting over the defacement.
14    (n) The court may sentence a person convicted of a
15violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17of 1961 or the Criminal Code of 2012 (i) to an impact
18incarceration program if the person is otherwise eligible for
19that program under Section 5-8-1.1, (ii) to community service,
20or (iii) if the person is an addict or alcoholic, as defined in
21the Alcoholism and Other Drug Abuse and Dependency Act, to a
22substance or alcohol abuse program licensed under that Act.
23    (o) Whenever a person is convicted of a sex offense as
24defined in Section 2 of the Sex Offender Registration Act, the
25defendant's driver's license or permit shall be subject to
26renewal on an annual basis in accordance with the provisions of

 

 

09800SB1342ham003- 52 -LRB098 06687 RLC 49559 a

1license renewal established by the Secretary of State.
2(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
396-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
41, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
5eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
697-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
78-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
8eff. 1-25-13.)
 
9    (730 ILCS 5/5-8-1.2)
10    Sec. 5-8-1.2. County impact incarceration.
11    (a) Legislative intent. It is the finding of the General
12Assembly that certain non-violent offenders eligible for
13sentences of incarceration may benefit from the rehabilitative
14aspects of a county impact incarceration program. It is the
15intent of the General Assembly that such programs be
16implemented as provided by this Section. This Section shall not
17be construed to allow violent offenders to participate in a
18county impact incarceration program.
19    (b) Under the direction of the Sheriff and with the
20approval of the County Board of Commissioners, the Sheriff, in
21any county with more than 3,000,000 inhabitants, may establish
22and operate a county impact incarceration program for eligible
23offenders. If the court finds under Section 5-4-1 that an
24offender convicted of a felony meets the eligibility
25requirements of the Sheriff's county impact incarceration

 

 

09800SB1342ham003- 53 -LRB098 06687 RLC 49559 a

1program, the court may sentence the offender to the county
2impact incarceration program. The Sheriff shall be responsible
3for monitoring all offenders who are sentenced to the county
4impact incarceration program, including the mandatory period
5of monitored release following the 120 to 180 days of impact
6incarceration. Offenders assigned to the county impact
7incarceration program under an intergovernmental agreement
8between the county and the Illinois Department of Corrections
9are exempt from the provisions of this mandatory period of
10monitored release. In the event the offender is not accepted
11for placement in the county impact incarceration program, the
12court shall proceed to sentence the offender to any other
13disposition authorized by this Code. If the offender does not
14successfully complete the program, the offender's failure to do
15so shall constitute a violation of the sentence to the county
16impact incarceration program.
17    (c) In order to be eligible to be sentenced to a county
18impact incarceration program by the court, the person shall
19meet all of the following requirements:
20        (1) the person must be not less than 17 years of age
21    nor more than 35 years of age;
22        (2) The person has not previously participated in the
23    impact incarceration program and has not previously served
24    more than one prior sentence of imprisonment for a felony
25    in an adult correctional facility;
26        (3) The person has not been convicted of a Class X

 

 

09800SB1342ham003- 54 -LRB098 06687 RLC 49559 a

1    felony, first or second degree murder, armed violence,
2    aggravated kidnapping, criminal sexual assault, aggravated
3    criminal sexual abuse or a subsequent conviction for
4    criminal sexual abuse, forcible detention, or arson,
5    unlawful use or possession of weapons by felons or persons
6    in the custody of the Department of Corrections facilities,
7    or unlawful possession of a firearm by a street gang member
8    and has not been convicted previously of any of those
9    offenses.
10        (4) The person has been found in violation of probation
11    for an offense that is a Class 2, 3, or 4 felony that is not
12    a forcible felony as defined in Section 2-8 of the Criminal
13    Code of 2012 or a violent crime as defined in subsection
14    (c) of Section 3 of the Rights of Crime Victims and
15    Witnesses Act who otherwise could be sentenced to a term of
16    incarceration; or the person is convicted of an offense
17    that is a Class 2, 3, or 4 felony that is not a forcible
18    felony as defined in Section 2-8 of the Criminal Code of
19    2012 or a violent crime as defined in subsection (c) of
20    Section 3 of the Rights of Crime Victims and Witnesses Act
21    who has previously served a sentence of probation for any
22    felony offense and who otherwise could be sentenced to a
23    term of incarceration.
24        (5) The person must be physically able to participate
25    in strenuous physical activities or labor.
26        (6) The person must not have any mental disorder or

 

 

09800SB1342ham003- 55 -LRB098 06687 RLC 49559 a

1    disability that would prevent participation in a county
2    impact incarceration program.
3        (7) The person was recommended and approved for
4    placement in the county impact incarceration program by the
5    Sheriff and consented in writing to participation in the
6    county impact incarceration program and to the terms and
7    conditions of the program. The Sheriff may consider, among
8    other matters, whether the person has any outstanding
9    detainers or warrants, whether the person has a history of
10    escaping or absconding, whether participation in the
11    county impact incarceration program may pose a risk to the
12    safety or security of any person and whether space is
13    available.
14    (c) The county impact incarceration program shall include,
15among other matters, mandatory physical training and labor,
16military formation and drills, regimented activities,
17uniformity of dress and appearance, education and counseling,
18including drug counseling where appropriate.
19    (d) Privileges including visitation, commissary, receipt
20and retention of property and publications and access to
21television, radio, and a library may be suspended or
22restricted, notwithstanding provisions to the contrary in this
23Code.
24    (e) The Sheriff shall issue written rules and requirements
25for the program. Persons shall be informed of rules of behavior
26and conduct. Persons participating in the county impact

 

 

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1incarceration program shall adhere to all rules and all
2requirements of the program.
3    (f) Participation in the county impact incarceration
4program shall be for a period of 120 to 180 days followed by a
5mandatory term of monitored release for at least 8 months and
6no more than 12 months supervised by the Sheriff. The period of
7time a person shall serve in the impact incarceration program
8shall not be reduced by the accumulation of good time. The
9court may also sentence the person to a period of probation to
10commence at the successful completion of the county impact
11incarceration program.
12    (g) If the person successfully completes the county impact
13incarceration program, the Sheriff shall certify the person's
14successful completion of the program to the court and to the
15county's State's Attorney. Upon successful completion of the
16county impact incarceration program and mandatory term of
17monitored release and if there is an additional period of
18probation given, the person shall at that time begin his or her
19probationary sentence under the supervision of the Adult
20Probation Department.
21    (h) A person may be removed from the county impact
22incarceration program for a violation of the terms or
23conditions of the program or in the event he or she is for any
24reason unable to participate. The failure to complete the
25program for any reason, including the 8 to 12 month monitored
26release period, shall be deemed a violation of the county

 

 

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1impact incarceration sentence. The Sheriff shall give notice to
2the State's Attorney of the person's failure to complete the
3program. The Sheriff shall file a petition for violation of the
4county impact incarceration sentence with the court and the
5State's Attorney may proceed on the petition under Section
65-6-4 of this Code. The Sheriff shall promulgate rules and
7regulations governing conduct which could result in removal
8from the program or in a determination that the person has not
9successfully completed the program.
10    The mandatory conditions of every county impact
11incarceration sentence shall include that the person either
12while in the program or during the period of monitored release:
13        (1) not violate any criminal statute of any
14    jurisdiction;
15        (2) report or appear in person before any such person
16    or agency as directed by the court or the Sheriff;
17        (3) refrain from possessing a firearm or other
18    dangerous weapon;
19        (4) not leave the State without the consent of the
20    court or, in circumstances in which the reason for the
21    absence is of such an emergency nature that prior consent
22    by the court is not possible, without the prior
23    notification and approval of the Sheriff; and
24        (5) permit representatives of the Sheriff to visit at
25    the person's home or elsewhere to the extent necessary for
26    the Sheriff to monitor compliance with the program. Persons

 

 

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1    shall have access to such rules, which shall provide that a
2    person shall receive notice of any such violation.
3    (i) The Sheriff may terminate the county impact
4incarceration program at any time.
5    (j) The Sheriff shall report to the county board on or
6before September 30th of each year on the county impact
7incarceration program, including the composition of the
8program by the offenders, by county of commitment, sentence,
9age, offense, and race.
10(Source: P.A. 97-1150, eff. 1-25-13.)".