Illinois General Assembly - Full Text of SB2872
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Full Text of SB2872  99th General Assembly

SB2872ham002 99TH GENERAL ASSEMBLY

Rep. Jehan Gordon-Booth

Filed: 1/9/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2872

2    AMENDMENT NO. ______. Amend Senate Bill 2872 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Criminal Justice Information Act
5is amended by changing Section 7 as follows:
 
6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
7    Sec. 7. Powers and Duties. The Authority shall have the
8following powers, duties and responsibilities:
9        (a) To develop and operate comprehensive information
10    systems for the improvement and coordination of all aspects
11    of law enforcement, prosecution and corrections;
12        (b) To define, develop, evaluate and correlate State
13    and local programs and projects associated with the
14    improvement of law enforcement and the administration of
15    criminal justice;
16        (c) To act as a central repository and clearing house

 

 

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1    for federal, state and local research studies, plans,
2    projects, proposals and other information relating to all
3    aspects of criminal justice system improvement and to
4    encourage educational programs for citizen support of
5    State and local efforts to make such improvements;
6        (d) To undertake research studies to aid in
7    accomplishing its purposes;
8        (e) To monitor the operation of existing criminal
9    justice information systems in order to protect the
10    constitutional rights and privacy of individuals about
11    whom criminal history record information has been
12    collected;
13        (f) To provide an effective administrative forum for
14    the protection of the rights of individuals concerning
15    criminal history record information;
16        (g) To issue regulations, guidelines and procedures
17    which ensure the privacy and security of criminal history
18    record information consistent with State and federal laws;
19        (h) To act as the sole administrative appeal body in
20    the State of Illinois to conduct hearings and make final
21    determinations concerning individual challenges to the
22    completeness and accuracy of criminal history record
23    information;
24        (i) To act as the sole, official, criminal justice body
25    in the State of Illinois to conduct annual and periodic
26    audits of the procedures, policies, and practices of the

 

 

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1    State central repositories for criminal history record
2    information to verify compliance with federal and state
3    laws and regulations governing such information;
4        (j) To advise the Authority's Statistical Analysis
5    Center;
6        (k) To apply for, receive, establish priorities for,
7    allocate, disburse and spend grants of funds that are made
8    available by and received on or after January 1, 1983 from
9    private sources or from the United States pursuant to the
10    federal Crime Control Act of 1973, as amended, and similar
11    federal legislation, and to enter into agreements with the
12    United States government to further the purposes of this
13    Act, or as may be required as a condition of obtaining
14    federal funds;
15        (l) To receive, expend and account for such funds of
16    the State of Illinois as may be made available to further
17    the purposes of this Act;
18        (m) To enter into contracts and to cooperate with units
19    of general local government or combinations of such units,
20    State agencies, and criminal justice system agencies of
21    other states for the purpose of carrying out the duties of
22    the Authority imposed by this Act or by the federal Crime
23    Control Act of 1973, as amended;
24        (n) To enter into contracts and cooperate with units of
25    general local government outside of Illinois, other
26    states' agencies, and private organizations outside of

 

 

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1    Illinois to provide computer software or design that has
2    been developed for the Illinois criminal justice system, or
3    to participate in the cooperative development or design of
4    new software or systems to be used by the Illinois criminal
5    justice system. Revenues received as a result of such
6    arrangements shall be deposited in the Criminal Justice
7    Information Systems Trust Fund; .
8        (o) To establish general policies concerning criminal
9    justice information systems and to promulgate such rules,
10    regulations and procedures as are necessary to the
11    operation of the Authority and to the uniform consideration
12    of appeals and audits;
13        (p) To advise and to make recommendations to the
14    Governor and the General Assembly on policies relating to
15    criminal justice information systems;
16        (q) To direct all other agencies under the jurisdiction
17    of the Governor to provide whatever assistance and
18    information the Authority may lawfully require to carry out
19    its functions;
20        (r) To exercise any other powers that are reasonable
21    and necessary to fulfill the responsibilities of the
22    Authority under this Act and to comply with the
23    requirements of applicable federal law or regulation;
24        (s) To exercise the rights, powers and duties which
25    have been vested in the Authority by the "Illinois Uniform
26    Conviction Information Act", enacted by the 85th General

 

 

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1    Assembly, as hereafter amended;
2        (t) To exercise the rights, powers and duties which
3    have been vested in the Authority by the Illinois Motor
4    Vehicle Theft Prevention Act;
5        (u) To exercise the rights, powers, and duties vested
6    in the Authority by the Illinois Public Safety Agency
7    Network Act; and
8        (v) To provide technical assistance in the form of
9    training to local governmental entities within Illinois
10    requesting such assistance for the purposes of procuring
11    grants for gang intervention and gang prevention programs
12    or other criminal justice programs from the United States
13    Department of Justice; and .
14        (w) To conduct strategic planning and provide
15    technical assistance to implement comprehensive trauma
16    recovery services for violent crime victims in underserved
17    communities with high-levels of violent crime, with the
18    goal of providing a safe, community-based, culturally
19    competent environment in which to access services
20    necessary to facilitate recovery from the effects of
21    chronic and repeat exposure to trauma. Services may
22    include, but are not limited to, behavioral health
23    treatment, financial recovery, family support and
24    relocation assistance, and support in navigating the legal
25    system.
26    The requirement for reporting to the General Assembly shall

 

 

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1be satisfied by filing copies of the report with the Speaker,
2the Minority Leader and the Clerk of the House of
3Representatives and the President, the Minority Leader and the
4Secretary of the Senate and the Legislative Research Unit, as
5required by Section 3.1 of "An Act to revise the law in
6relation to the General Assembly", approved February 25, 1874,
7as amended, and filing such additional copies with the State
8Government Report Distribution Center for the General Assembly
9as is required under paragraph (t) of Section 7 of the State
10Library Act.
11(Source: P.A. 97-435, eff. 1-1-12.)
 
12    Section 10. The Unified Code of Corrections is amended by
13changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
 
14    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
15    Sec. 3-6-3. Rules and regulations for sentence credit.
16    (a)(1) The Department of Corrections shall prescribe rules
17and regulations for awarding and revoking sentence credit for
18persons committed to the Department which shall be subject to
19review by the Prisoner Review Board.
20    (1.5) As otherwise provided by law, sentence credit may be
21awarded for the following:
22        (A) successful completion of programming while in
23    custody of the Department or while in custody prior to
24    sentencing;

 

 

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1        (B) compliance with the rules and regulations of the
2    Department; or
3        (C) service to the institution, service to a community,
4    or service to the State.
5    (2) The rules and regulations on sentence credit shall
6provide, with respect to offenses listed in clause (i), (ii),
7or (iii) of this paragraph (2) committed on or after June 19,
81998 or with respect to the offense listed in clause (iv) of
9this paragraph (2) committed on or after June 23, 2005 (the
10effective date of Public Act 94-71) or with respect to offense
11listed in clause (vi) committed on or after June 1, 2008 (the
12effective date of Public Act 95-625) or with respect to the
13offense of being an armed habitual criminal committed on or
14after August 2, 2005 (the effective date of Public Act 94-398)
15or with respect to the offenses listed in clause (v) of this
16paragraph (2) committed on or after August 13, 2007 (the
17effective date of Public Act 95-134) or with respect to the
18offense of aggravated domestic battery committed on or after
19July 23, 2010 (the effective date of Public Act 96-1224) or
20with respect to the offense of attempt to commit terrorism
21committed on or after January 1, 2013 (the effective date of
22Public Act 97-990), the following:
23        (i) that a prisoner who is serving a term of
24    imprisonment for first degree murder or for the offense of
25    terrorism shall receive no sentence credit and shall serve
26    the entire sentence imposed by the court;

 

 

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1        (ii) that a prisoner serving a sentence for attempt to
2    commit terrorism, attempt to commit first degree murder,
3    solicitation of murder, solicitation of murder for hire,
4    intentional homicide of an unborn child, predatory
5    criminal sexual assault of a child, aggravated criminal
6    sexual assault, criminal sexual assault, aggravated
7    kidnapping, aggravated battery with a firearm as described
8    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
9    (e)(4) of Section 12-3.05, heinous battery as described in
10    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
11    being an armed habitual criminal, aggravated battery of a
12    senior citizen as described in Section 12-4.6 or
13    subdivision (a)(4) of Section 12-3.05, or aggravated
14    battery of a child as described in Section 12-4.3 or
15    subdivision (b)(1) of Section 12-3.05 shall receive no more
16    than 4.5 days of sentence credit for each month of his or
17    her sentence of imprisonment;
18        (iii) that a prisoner serving a sentence for home
19    invasion, armed robbery, aggravated vehicular hijacking,
20    aggravated discharge of a firearm, or armed violence with a
21    category I weapon or category II weapon, when the court has
22    made and entered a finding, pursuant to subsection (c-1) of
23    Section 5-4-1 of this Code, that the conduct leading to
24    conviction for the enumerated offense resulted in great
25    bodily harm to a victim, shall receive no more than 4.5
26    days of sentence credit for each month of his or her

 

 

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1    sentence of imprisonment;
2        (iv) that a prisoner serving a sentence for aggravated
3    discharge of a firearm, whether or not the conduct leading
4    to conviction for the offense resulted in great bodily harm
5    to the victim, shall receive no more than 4.5 days of
6    sentence credit for each month of his or her sentence of
7    imprisonment;
8        (v) that a person serving a sentence for gunrunning,
9    narcotics racketeering, controlled substance trafficking,
10    methamphetamine trafficking, drug-induced homicide,
11    aggravated methamphetamine-related child endangerment,
12    money laundering pursuant to clause (c) (4) or (5) of
13    Section 29B-1 of the Criminal Code of 1961 or the Criminal
14    Code of 2012, or a Class X felony conviction for delivery
15    of a controlled substance, possession of a controlled
16    substance with intent to manufacture or deliver,
17    calculated criminal drug conspiracy, criminal drug
18    conspiracy, street gang criminal drug conspiracy,
19    participation in methamphetamine manufacturing, aggravated
20    participation in methamphetamine manufacturing, delivery
21    of methamphetamine, possession with intent to deliver
22    methamphetamine, aggravated delivery of methamphetamine,
23    aggravated possession with intent to deliver
24    methamphetamine, methamphetamine conspiracy when the
25    substance containing the controlled substance or
26    methamphetamine is 100 grams or more shall receive no more

 

 

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1    than 7.5 days sentence credit for each month of his or her
2    sentence of imprisonment;
3        (vi) that a prisoner serving a sentence for a second or
4    subsequent offense of luring a minor shall receive no more
5    than 4.5 days of sentence credit for each month of his or
6    her sentence of imprisonment; and
7        (vii) that a prisoner serving a sentence for aggravated
8    domestic battery shall receive no more than 4.5 days of
9    sentence credit for each month of his or her sentence of
10    imprisonment.
11    (2.1) For all offenses, other than those enumerated in
12subdivision (a)(2)(i), (ii), or (iii) committed on or after
13June 19, 1998 or subdivision (a)(2)(iv) committed on or after
14June 23, 2005 (the effective date of Public Act 94-71) or
15subdivision (a)(2)(v) committed on or after August 13, 2007
16(the effective date of Public Act 95-134) or subdivision
17(a)(2)(vi) committed on or after June 1, 2008 (the effective
18date of Public Act 95-625) or subdivision (a)(2)(vii) committed
19on or after July 23, 2010 (the effective date of Public Act
2096-1224), and other than the offense of aggravated driving
21under the influence of alcohol, other drug or drugs, or
22intoxicating compound or compounds, or any combination thereof
23as defined in subparagraph (F) of paragraph (1) of subsection
24(d) of Section 11-501 of the Illinois Vehicle Code, and other
25than the offense of aggravated driving under the influence of
26alcohol, other drug or drugs, or intoxicating compound or

 

 

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1compounds, or any combination thereof as defined in
2subparagraph (C) of paragraph (1) of subsection (d) of Section
311-501 of the Illinois Vehicle Code committed on or after
4January 1, 2011 (the effective date of Public Act 96-1230), the
5rules and regulations shall provide that a prisoner who is
6serving a term of imprisonment shall receive one day of
7sentence credit for each day of his or her sentence of
8imprisonment or recommitment under Section 3-3-9. Each day of
9sentence credit shall reduce by one day the prisoner's period
10of imprisonment or recommitment under Section 3-3-9.
11    (2.2) A prisoner serving a term of natural life
12imprisonment or a prisoner who has been sentenced to death
13shall receive no sentence credit.
14    (2.3) The rules and regulations on sentence credit shall
15provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of paragraph
19(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
20Code, shall receive no more than 4.5 days of sentence credit
21for each month of his or her sentence of imprisonment.
22    (2.4) The rules and regulations on sentence credit shall
23provide with respect to the offenses of aggravated battery with
24a machine gun or a firearm equipped with any device or
25attachment designed or used for silencing the report of a
26firearm or aggravated discharge of a machine gun or a firearm

 

 

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1equipped with any device or attachment designed or used for
2silencing the report of a firearm, committed on or after July
315, 1999 (the effective date of Public Act 91-121), that a
4prisoner serving a sentence for any of these offenses shall
5receive no more than 4.5 days of sentence credit for each month
6of his or her sentence of imprisonment.
7    (2.5) The rules and regulations on sentence credit shall
8provide that a prisoner who is serving a sentence for
9aggravated arson committed on or after July 27, 2001 (the
10effective date of Public Act 92-176) shall receive no more than
114.5 days of sentence credit for each month of his or her
12sentence of imprisonment.
13    (2.6) The rules and regulations on sentence credit shall
14provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds or any
17combination thereof as defined in subparagraph (C) of paragraph
18(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
19Code committed on or after January 1, 2011 (the effective date
20of Public Act 96-1230) shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (3) The rules and regulations shall also provide that the
24Director may award up to 180 days of earned additional sentence
25credit for good conduct in specific instances as the Director
26deems proper. The good conduct may include, but is not limited

 

 

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1to, compliance with the rules and regulations of the
2Department, service to the Department, service to a community,
3or service to the State. However, the Director shall not award
4more than 90 days of sentence credit for good conduct to any
5prisoner who is serving a sentence for conviction of first
6degree murder, reckless homicide while under the influence of
7alcohol or any other drug, or aggravated driving under the
8influence of alcohol, other drug or drugs, or intoxicating
9compound or compounds, or any combination thereof as defined in
10subparagraph (F) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code, aggravated kidnapping,
12kidnapping, predatory criminal sexual assault of a child,
13aggravated criminal sexual assault, criminal sexual assault,
14deviate sexual assault, aggravated criminal sexual abuse,
15aggravated indecent liberties with a child, indecent liberties
16with a child, child pornography, heinous battery as described
17in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
18aggravated battery of a spouse, aggravated battery of a spouse
19with a firearm, stalking, aggravated stalking, aggravated
20battery of a child as described in Section 12-4.3 or
21subdivision (b)(1) of Section 12-3.05, endangering the life or
22health of a child, or cruelty to a child. Notwithstanding the
23foregoing, sentence credit for good conduct shall not be
24awarded on a sentence of imprisonment imposed for conviction
25of: (i) one of the offenses enumerated in subdivision
26(a)(2)(i), (ii), or (iii) when the offense is committed on or

 

 

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1after June 19, 1998 or subdivision (a)(2)(iv) when the offense
2is committed on or after June 23, 2005 (the effective date of
3Public Act 94-71) or subdivision (a)(2)(v) when the offense is
4committed on or after August 13, 2007 (the effective date of
5Public Act 95-134) or subdivision (a)(2)(vi) when the offense
6is committed on or after June 1, 2008 (the effective date of
7Public Act 95-625) or subdivision (a)(2)(vii) when the offense
8is committed on or after July 23, 2010 (the effective date of
9Public Act 96-1224), (ii) aggravated driving under the
10influence of alcohol, other drug or drugs, or intoxicating
11compound or compounds, or any combination thereof as defined in
12subparagraph (F) of paragraph (1) of subsection (d) of Section
1311-501 of the Illinois Vehicle Code, (iii) one of the offenses
14enumerated in subdivision (a)(2.4) when the offense is
15committed on or after July 15, 1999 (the effective date of
16Public Act 91-121), (iv) aggravated arson when the offense is
17committed on or after July 27, 2001 (the effective date of
18Public Act 92-176), (v) offenses that may subject the offender
19to commitment under the Sexually Violent Persons Commitment
20Act, or (vi) aggravated driving under the influence of alcohol,
21other drug or drugs, or intoxicating compound or compounds or
22any combination thereof as defined in subparagraph (C) of
23paragraph (1) of subsection (d) of Section 11-501 of the
24Illinois Vehicle Code committed on or after January 1, 2011
25(the effective date of Public Act 96-1230).
26    Eligible inmates for an award of earned sentence credit

 

 

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1under this paragraph (3) may be selected to receive the credit
2at the Director's or his or her designee's sole discretion.
3Eligibility for the additional earned sentence credit under
4this paragraph (3) shall be based on, but is not limited to,
5the results of any available risk/needs assessment or other
6relevant assessments or evaluations administered by the
7Department using a validated instrument, the circumstances of
8the crime, any history of conviction for a forcible felony
9enumerated in Section 2-8 of the Criminal Code of 2012, the
10inmate's behavior and disciplinary history while incarcerated,
11and the inmate's commitment to rehabilitation, including
12participation in programming offered by the Department.
13Consideration may be based on, but not limited to, any
14available risk assessment analysis on the inmate, any history
15of conviction for violent crimes as defined by the Rights of
16Crime Victims and Witnesses Act, facts and circumstances of the
17inmate's holding offense or offenses, and the potential for
18rehabilitation.
19    The Director shall not award sentence credit under this
20paragraph (3) to an inmate unless the inmate has served a
21minimum of 60 days of the sentence; except nothing in this
22paragraph shall be construed to permit the Director to extend
23an inmate's sentence beyond that which was imposed by the
24court. Prior to awarding credit under this paragraph (3), the
25Director shall make a written determination that the inmate:
26        (A) is eligible for the earned sentence credit;

 

 

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1        (B) has served a minimum of 60 days, or as close to 60
2    days as the sentence will allow; and
3        (B-1) has received a risk/needs assessment or other
4    relevant evaluation or assessment administered by the
5    Department using a validated instrument; and
6        (C) has met the eligibility criteria established under
7    paragraph (4) of this subsection (a) and by rule for earned
8    sentence credit.
9    The Director shall determine the form and content of the
10written determination required in this subsection.
11    (3.5) The Department shall provide annual written reports
12to the Governor and the General Assembly on the award of earned
13sentence credit no later than February 1 of each year for good
14conduct, with the first report due January 1, 2014. The
15Department must publish both reports on its website within 48
16hours of transmitting the reports to the Governor and the
17General Assembly. The reports must include:
18        (A) the number of inmates awarded earned sentence
19    credit for good conduct;
20        (B) the average amount of earned sentence credit for
21    good conduct awarded;
22        (C) the holding offenses of inmates awarded earned
23    sentence credit for good conduct; and
24        (D) the number of earned sentence credit for good
25    conduct revocations.
26    (4) The rules and regulations shall also provide that the

 

 

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1sentence credit accumulated and retained under paragraph (2.1)
2of subsection (a) of this Section by any inmate during specific
3periods of time in which such inmate is engaged full-time in
4substance abuse programs, correctional industry assignments,
5educational programs, behavior modification programs, life
6skills courses, or re-entry planning provided by the Department
7under this paragraph (4) and satisfactorily completes the
8assigned program as determined by the standards of the
9Department, shall be multiplied by a factor of 1.25 for program
10participation before August 11, 1993 and 1.50 for program
11participation on or after that date. The rules and regulations
12shall also provide that sentence credit, subject to the same
13offense limits and multiplier provided in this paragraph, may
14be provided to an inmate who was held in pre-trial detention
15prior to his or her current commitment to the Department of
16Corrections and successfully completed a full-time, 60-day or
17longer substance abuse program, educational program, behavior
18modification program, life skills course, or re-entry planning
19provided by the county department of corrections or county
20jail. Calculation of this county program credit shall be done
21at sentencing as provided in Section 5-4.5-100 of this Code and
22shall be included in the sentencing order. However, no inmate
23shall be eligible for the additional sentence credit under this
24paragraph (4) or (4.1) of this subsection (a) while assigned to
25a boot camp or electronic detention, or if convicted of an
26offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of

 

 

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1this Section that is committed on or after June 19, 1998 or
2subdivision (a)(2)(iv) of this Section that is committed on or
3after June 23, 2005 (the effective date of Public Act 94-71) or
4subdivision (a)(2)(v) of this Section that is committed on or
5after August 13, 2007 (the effective date of Public Act 95-134)
6or subdivision (a)(2)(vi) when the offense is committed on or
7after June 1, 2008 (the effective date of Public Act 95-625) or
8subdivision (a)(2)(vii) when the offense is committed on or
9after July 23, 2010 (the effective date of Public Act 96-1224),
10or if convicted of aggravated driving under the influence of
11alcohol, other drug or drugs, or intoxicating compound or
12compounds or any combination thereof as defined in subparagraph
13(F) of paragraph (1) of subsection (d) of Section 11-501 of the
14Illinois Vehicle Code, or if convicted of aggravated driving
15under the influence of alcohol, other drug or drugs, or
16intoxicating compound or compounds or any combination thereof
17as defined in subparagraph (C) of paragraph (1) of subsection
18(d) of Section 11-501 of the Illinois Vehicle Code committed on
19or after January 1, 2011 (the effective date of Public Act
2096-1230), or if convicted of an offense enumerated in paragraph
21(a)(2.4) of this Section that is committed on or after July 15,
221999 (the effective date of Public Act 91-121), or first degree
23murder, a Class X felony, criminal sexual assault, felony
24criminal sexual abuse, aggravated criminal sexual abuse,
25aggravated battery with a firearm as described in Section
2612-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of

 

 

09900SB2872ham002- 19 -LRB099 19925 RLC 52259 a

1Section 12-3.05, or any predecessor or successor offenses with
2the same or substantially the same elements, or any inchoate
3offenses relating to the foregoing offenses. No inmate shall be
4eligible for the additional good conduct credit under this
5paragraph (4) who (i) has previously received increased good
6conduct credit under this paragraph (4) and has subsequently
7been convicted of a felony, or (ii) has previously served more
8than one prior sentence of imprisonment for a felony in an
9adult correctional facility.
10    Educational, vocational, substance abuse, behavior
11modification programs, life skills courses, re-entry planning,
12and correctional industry programs under which sentence credit
13may be increased under this paragraph (4) and paragraph (4.1)
14of this subsection (a) shall be evaluated by the Department on
15the basis of documented standards. The Department shall report
16the results of these evaluations to the Governor and the
17General Assembly by September 30th of each year. The reports
18shall include data relating to the recidivism rate among
19program participants.
20    Availability of these programs shall be subject to the
21limits of fiscal resources appropriated by the General Assembly
22for these purposes. Eligible inmates who are denied immediate
23admission shall be placed on a waiting list under criteria
24established by the Department. The inability of any inmate to
25become engaged in any such programs by reason of insufficient
26program resources or for any other reason established under the

 

 

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1rules and regulations of the Department shall not be deemed a
2cause of action under which the Department or any employee or
3agent of the Department shall be liable for damages to the
4inmate.
5    (4.1) The rules and regulations shall also provide that an
6additional 90 days of sentence credit shall be awarded to any
7prisoner who passes high school equivalency testing while the
8prisoner is committed to the Department of Corrections. The
9sentence credit awarded under this paragraph (4.1) shall be in
10addition to, and shall not affect, the award of sentence credit
11under any other paragraph of this Section, but shall also be
12pursuant to the guidelines and restrictions set forth in
13paragraph (4) of subsection (a) of this Section. The sentence
14credit provided for in this paragraph shall be available only
15to those prisoners who have not previously earned a high school
16diploma or a high school equivalency certificate. If, after an
17award of the high school equivalency testing sentence credit
18has been made, the Department determines that the prisoner was
19not eligible, then the award shall be revoked. The Department
20may also award 90 days of sentence credit to any committed
21person who passed high school equivalency testing while he or
22she was held in pre-trial detention prior to the current
23commitment to the Department of Corrections.
24    (4.5) The rules and regulations on sentence credit shall
25also provide that when the court's sentencing order recommends
26a prisoner for substance abuse treatment and the crime was

 

 

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1committed on or after September 1, 2003 (the effective date of
2Public Act 93-354), the prisoner shall receive no sentence
3credit awarded under clause (3) of this subsection (a) unless
4he or she participates in and completes a substance abuse
5treatment program. The Director may waive the requirement to
6participate in or complete a substance abuse treatment program
7and award the sentence credit in specific instances if the
8prisoner is not a good candidate for a substance abuse
9treatment program for medical, programming, or operational
10reasons. Availability of substance abuse treatment shall be
11subject to the limits of fiscal resources appropriated by the
12General Assembly for these purposes. If treatment is not
13available and the requirement to participate and complete the
14treatment has not been waived by the Director, the prisoner
15shall be placed on a waiting list under criteria established by
16the Department. The Director may allow a prisoner placed on a
17waiting list to participate in and complete a substance abuse
18education class or attend substance abuse self-help meetings in
19lieu of a substance abuse treatment program. A prisoner on a
20waiting list who is not placed in a substance abuse program
21prior to release may be eligible for a waiver and receive
22sentence credit under clause (3) of this subsection (a) at the
23discretion of the Director.
24    (4.6) The rules and regulations on sentence credit shall
25also provide that a prisoner who has been convicted of a sex
26offense as defined in Section 2 of the Sex Offender

 

 

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

 

 

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1inmate's release and the information may not be removed until
2either: completion of the first year of mandatory supervised
3release or return of the inmate to custody of the Department.
4    (b) Whenever a person is or has been committed under
5several convictions, with separate sentences, the sentences
6shall be construed under Section 5-8-4 in granting and
7forfeiting of sentence credit.
8    (c) The Department shall prescribe rules and regulations
9for revoking sentence credit, including revoking sentence
10credit awarded for good conduct under paragraph (3) of
11subsection (a) of this Section. The Department shall prescribe
12rules and regulations for suspending or reducing the rate of
13accumulation of sentence credit for specific rule violations,
14during imprisonment. These rules and regulations shall provide
15that no inmate may be penalized more than one year of sentence
16credit for any one infraction.
17    When the Department seeks to revoke, suspend or reduce the
18rate of accumulation of any sentence credits for an alleged
19infraction of its rules, it shall bring charges therefor
20against the prisoner sought to be so deprived of sentence
21credits before the Prisoner Review Board as provided in
22subparagraph (a)(4) of Section 3-3-2 of this Code, if the
23amount of credit at issue exceeds 30 days or when during any 12
24month period, the cumulative amount of credit revoked exceeds
2530 days except where the infraction is committed or discovered
26within 60 days of scheduled release. In those cases, the

 

 

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1Department of Corrections may revoke up to 30 days of sentence
2credit. The Board may subsequently approve the revocation of
3additional sentence credit, if the Department seeks to revoke
4sentence credit in excess of 30 days. However, the Board shall
5not be empowered to review the Department's decision with
6respect to the loss of 30 days of sentence credit within any
7calendar year for any prisoner or to increase any penalty
8beyond the length requested by the Department.
9    The Director of the Department of Corrections, in
10appropriate cases, may restore up to 30 days of sentence
11credits which have been revoked, suspended or reduced. Any
12restoration of sentence credits in excess of 30 days shall be
13subject to review by the Prisoner Review Board. However, the
14Board may not restore sentence credit in excess of the amount
15requested by the Director.
16    Nothing contained in this Section shall prohibit the
17Prisoner Review Board from ordering, pursuant to Section
183-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
19sentence imposed by the court that was not served due to the
20accumulation of sentence credit.
21    (d) If a lawsuit is filed by a prisoner in an Illinois or
22federal court against the State, the Department of Corrections,
23or the Prisoner Review Board, or against any of their officers
24or employees, and the court makes a specific finding that a
25pleading, motion, or other paper filed by the prisoner is
26frivolous, the Department of Corrections shall conduct a

 

 

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1hearing to revoke up to 180 days of sentence credit by bringing
2charges against the prisoner sought to be deprived of the
3sentence credits before the Prisoner Review Board as provided
4in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
5prisoner has not accumulated 180 days of sentence credit at the
6time of the finding, then the Prisoner Review Board may revoke
7all sentence credit accumulated by the prisoner.
8    For purposes of this subsection (d):
9        (1) "Frivolous" means that a pleading, motion, or other
10    filing which purports to be a legal document filed by a
11    prisoner in his or her lawsuit meets any or all of the
12    following criteria:
13            (A) it lacks an arguable basis either in law or in
14        fact;
15            (B) it is being presented for any improper purpose,
16        such as to harass or to cause unnecessary delay or
17        needless increase in the cost of litigation;
18            (C) the claims, defenses, and other legal
19        contentions therein are not warranted by existing law
20        or by a nonfrivolous argument for the extension,
21        modification, or reversal of existing law or the
22        establishment of new law;
23            (D) the allegations and other factual contentions
24        do not have evidentiary support or, if specifically so
25        identified, are not likely to have evidentiary support
26        after a reasonable opportunity for further

 

 

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1        investigation or discovery; or
2            (E) the denials of factual contentions are not
3        warranted on the evidence, or if specifically so
4        identified, are not reasonably based on a lack of
5        information or belief.
6        (2) "Lawsuit" means a motion pursuant to Section 116-3
7    of the Code of Criminal Procedure of 1963, a habeas corpus
8    action under Article X of the Code of Civil Procedure or
9    under federal law (28 U.S.C. 2254), a petition for claim
10    under the Court of Claims Act, an action under the federal
11    Civil Rights Act (42 U.S.C. 1983), or a second or
12    subsequent petition for post-conviction relief under
13    Article 122 of the Code of Criminal Procedure of 1963
14    whether filed with or without leave of court or a second or
15    subsequent petition for relief from judgment under Section
16    2-1401 of the Code of Civil Procedure.
17    (e) Nothing in Public Act 90-592 or 90-593 affects the
18validity of Public Act 89-404.
19    (f) Whenever the Department is to release any inmate who
20has been convicted of a violation of an order of protection
21under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
22the Criminal Code of 2012, earlier than it otherwise would
23because of a grant of sentence credit, the Department, as a
24condition of release, shall require that the person, upon
25release, be placed under electronic surveillance as provided in
26Section 5-8A-7 of this Code.

 

 

09900SB2872ham002- 27 -LRB099 19925 RLC 52259 a

1(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
2eff. 1-1-16; 99-642, eff. 7-28-16.)
 
3    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
4    Sec. 5-4-1. Sentencing Hearing.
5    (a) Except when the death penalty is sought under hearing
6procedures otherwise specified, after a determination of
7guilt, a hearing shall be held to impose the sentence. However,
8prior to the imposition of sentence on an individual being
9sentenced for an offense based upon a charge for a violation of
10Section 11-501 of the Illinois Vehicle Code or a similar
11provision of a local ordinance, the individual must undergo a
12professional evaluation to determine if an alcohol or other
13drug abuse problem exists and the extent of such a problem.
14Programs conducting these evaluations shall be licensed by the
15Department of Human Services. However, if the individual is not
16a resident of Illinois, the court may, in its discretion,
17accept an evaluation from a program in the state of such
18individual's residence. The court may in its sentencing order
19approve an eligible defendant for placement in a Department of
20Corrections impact incarceration program as provided in
21Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
22order recommend a defendant for placement in a Department of
23Corrections substance abuse treatment program as provided in
24paragraph (a) of subsection (1) of Section 3-2-2 conditioned
25upon the defendant being accepted in a program by the

 

 

09900SB2872ham002- 28 -LRB099 19925 RLC 52259 a

1Department of Corrections. At the hearing the court shall:
2        (1) consider the evidence, if any, received upon the
3    trial;
4        (2) consider any presentence reports;
5        (3) consider the financial impact of incarceration
6    based on the financial impact statement filed with the
7    clerk of the court by the Department of Corrections;
8        (4) consider evidence and information offered by the
9    parties in aggravation and mitigation;
10        (4.5) consider substance abuse treatment, eligibility
11    screening, and an assessment, if any, of the defendant by
12    an agent designated by the State of Illinois to provide
13    assessment services for the Illinois courts;
14        (5) hear arguments as to sentencing alternatives;
15        (6) afford the defendant the opportunity to make a
16    statement in his own behalf;
17        (7) afford the victim of a violent crime or a violation
18    of Section 11-501 of the Illinois Vehicle Code, or a
19    similar provision of a local ordinance, or a qualified
20    individual affected by: (i) a violation of Section 405,
21    405.1, 405.2, or 407 of the Illinois Controlled Substances
22    Act or a violation of Section 55 or Section 65 of the
23    Methamphetamine Control and Community Protection Act, or
24    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
25    except as described in subdivisions (a)(2)(A) and
26    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012,
2    committed by the defendant the opportunity to make a
3    statement concerning the impact on the victim and to offer
4    evidence in aggravation or mitigation; provided that the
5    statement and evidence offered in aggravation or
6    mitigation must first be prepared in writing in conjunction
7    with the State's Attorney before it may be presented orally
8    at the hearing. Any sworn testimony offered by the victim
9    is subject to the defendant's right to cross-examine. All
10    statements and evidence offered under this paragraph (7)
11    shall become part of the record of the court. For the
12    purpose of this paragraph (7), "qualified individual"
13    means any person who (i) lived or worked within the
14    territorial jurisdiction where the offense took place when
15    the offense took place; and (ii) is familiar with various
16    public places within the territorial jurisdiction where
17    the offense took place when the offense took place. For the
18    purposes of this paragraph (7), "qualified individual"
19    includes any peace officer, or any member of any duly
20    organized State, county, or municipal peace unit assigned
21    to the territorial jurisdiction where the offense took
22    place when the offense took place;
23        (8) in cases of reckless homicide afford the victim's
24    spouse, guardians, parents or other immediate family
25    members an opportunity to make oral statements;
26        (9) in cases involving a felony sex offense as defined

 

 

09900SB2872ham002- 30 -LRB099 19925 RLC 52259 a

1    under the Sex Offender Management Board Act, consider the
2    results of the sex offender evaluation conducted pursuant
3    to Section 5-3-2 of this Act; and
4        (10) make a finding of whether a motor vehicle was used
5    in the commission of the offense for which the defendant is
6    being sentenced.
7    (b) All sentences shall be imposed by the judge based upon
8his independent assessment of the elements specified above and
9any agreement as to sentence reached by the parties. The judge
10who presided at the trial or the judge who accepted the plea of
11guilty shall impose the sentence unless he is no longer sitting
12as a judge in that court. Where the judge does not impose
13sentence at the same time on all defendants who are convicted
14as a result of being involved in the same offense, the
15defendant or the State's Attorney may advise the sentencing
16court of the disposition of any other defendants who have been
17sentenced.
18    (b-1) In imposing a sentence of imprisonment or periodic
19imprisonment for a Class 3 or Class 4 felony for which a
20sentence of probation or conditional discharge is an available
21sentence, if the defendant has no prior sentence of probation
22or conditional discharge and no prior conviction for a violent
23crime, the defendant shall not be sentenced to imprisonment
24before review and consideration of a presentence report and
25determination and explanation of why the particular evidence,
26information, factor in aggravation, factual finding, or other

 

 

09900SB2872ham002- 31 -LRB099 19925 RLC 52259 a

1reasons support a sentencing determination that one or more of
2the factors under subsection (a) of Section 5-6-1 of this Code
3apply and that probation or conditional discharge is not an
4appropriate sentence.
5    (c) In imposing a sentence for a violent crime or for an
6offense of operating or being in physical control of a vehicle
7while under the influence of alcohol, any other drug or any
8combination thereof, or a similar provision of a local
9ordinance, when such offense resulted in the personal injury to
10someone other than the defendant, the trial judge shall specify
11on the record the particular evidence, information, factors in
12mitigation and aggravation or other reasons that led to his
13sentencing determination. The full verbatim record of the
14sentencing hearing shall be filed with the clerk of the court
15and shall be a public record.
16    (c-1) In imposing a sentence for the offense of aggravated
17kidnapping for ransom, home invasion, armed robbery,
18aggravated vehicular hijacking, aggravated discharge of a
19firearm, or armed violence with a category I weapon or category
20II weapon, the trial judge shall make a finding as to whether
21the conduct leading to conviction for the offense resulted in
22great bodily harm to a victim, and shall enter that finding and
23the basis for that finding in the record.
24    (c-2) If the defendant is sentenced to prison, other than
25when a sentence of natural life imprisonment or a sentence of
26death is imposed, at the time the sentence is imposed the judge

 

 

09900SB2872ham002- 32 -LRB099 19925 RLC 52259 a

1shall state on the record in open court the approximate period
2of time the defendant will serve in custody according to the
3then current statutory rules and regulations for sentence
4credit found in Section 3-6-3 and other related provisions of
5this Code. This statement is intended solely to inform the
6public, has no legal effect on the defendant's actual release,
7and may not be relied on by the defendant on appeal.
8    The judge's statement, to be given after pronouncing the
9sentence, other than when the sentence is imposed for one of
10the offenses enumerated in paragraph (a)(4) (a)(3) of Section
113-6-3, shall include the following:
12    "The purpose of this statement is to inform the public of
13the actual period of time this defendant is likely to spend in
14prison as a result of this sentence. The actual period of
15prison time served is determined by the statutes of Illinois as
16applied to this sentence by the Illinois Department of
17Corrections and the Illinois Prisoner Review Board. In this
18case, assuming the defendant receives all of his or her
19sentence credit, the period of estimated actual custody is ...
20years and ... months, less up to 180 days additional earned
21sentence credit for good conduct. If the defendant, because of
22his or her own misconduct or failure to comply with the
23institutional regulations, does not receive those credits, the
24actual time served in prison will be longer. The defendant may
25also receive an additional one-half day sentence credit for
26each day of participation in vocational, industry, substance

 

 

09900SB2872ham002- 33 -LRB099 19925 RLC 52259 a

1abuse, and educational programs as provided for by Illinois
2statute."
3    When the sentence is imposed for one of the offenses
4enumerated in paragraph (a)(3) of Section 3-6-3, other than
5when the sentence is imposed for one of the offenses enumerated
6in paragraph (a)(2) of Section 3-6-3 committed on or after June
719, 1998, and other than when the sentence is imposed for
8reckless homicide as defined in subsection (e) of Section 9-3
9of the Criminal Code of 1961 or the Criminal Code of 2012 if
10the offense was committed on or after January 1, 1999, and
11other than when the sentence is imposed for aggravated arson if
12the offense was committed on or after July 27, 2001 (the
13effective date of Public Act 92-176), and other than when the
14sentence is imposed for aggravated driving under the influence
15of alcohol, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof as defined in
17subparagraph (C) of paragraph (1) of subsection (d) of Section
1811-501 of the Illinois Vehicle Code committed on or after
19January 1, 2011 (the effective date of Public Act 96-1230), the
20judge's statement, to be given after pronouncing the sentence,
21shall include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

 

 

09900SB2872ham002- 34 -LRB099 19925 RLC 52259 a

1Corrections and the Illinois Prisoner Review Board. In this
2case, assuming the defendant receives all of his or her
3sentence credit, the period of estimated actual custody is ...
4years and ... months, less up to 90 days additional sentence
5credit for good conduct. If the defendant, because of his or
6her own misconduct or failure to comply with the institutional
7regulations, does not receive those credits, the actual time
8served in prison will be longer. The defendant may also receive
9an additional one-half day sentence credit for each day of
10participation in vocational, industry, substance abuse, and
11educational programs as provided for by Illinois statute."
12    When the sentence is imposed for one of the offenses
13enumerated in paragraph (a)(2) of Section 3-6-3, other than
14first degree murder, and the offense was committed on or after
15June 19, 1998, and when the sentence is imposed for reckless
16homicide as defined in subsection (e) of Section 9-3 of the
17Criminal Code of 1961 or the Criminal Code of 2012 if the
18offense was committed on or after January 1, 1999, and when the
19sentence is imposed for aggravated driving under the influence
20of alcohol, other drug or drugs, or intoxicating compound or
21compounds, or any combination thereof as defined in
22subparagraph (F) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code, and when the sentence is
24imposed for aggravated arson if the offense was committed on or
25after July 27, 2001 (the effective date of Public Act 92-176),
26and when the sentence is imposed for aggravated driving under

 

 

09900SB2872ham002- 35 -LRB099 19925 RLC 52259 a

1the influence of alcohol, other drug or drugs, or intoxicating
2compound or compounds, or any combination thereof as defined in
3subparagraph (C) of paragraph (1) of subsection (d) of Section
411-501 of the Illinois Vehicle Code committed on or after
5January 1, 2011 (the effective date of Public Act 96-1230), the
6judge's statement, to be given after pronouncing the sentence,
7shall include the following:
8    "The purpose of this statement is to inform the public of
9the actual period of time this defendant is likely to spend in
10prison as a result of this sentence. The actual period of
11prison time served is determined by the statutes of Illinois as
12applied to this sentence by the Illinois Department of
13Corrections and the Illinois Prisoner Review Board. In this
14case, the defendant is entitled to no more than 4 1/2 days of
15sentence credit for each month of his or her sentence of
16imprisonment. Therefore, this defendant will serve at least 85%
17of his or her sentence. Assuming the defendant receives 4 1/2
18days credit for each month of his or her sentence, the period
19of estimated actual custody is ... years and ... months. If the
20defendant, because of his or her own misconduct or failure to
21comply with the institutional regulations receives lesser
22credit, the actual time served in prison will be longer."
23    When a sentence of imprisonment is imposed for first degree
24murder and the offense was committed on or after June 19, 1998,
25the judge's statement, to be given after pronouncing the
26sentence, shall include the following:

 

 

09900SB2872ham002- 36 -LRB099 19925 RLC 52259 a

1    "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, the defendant is not entitled to sentence credit.
8Therefore, this defendant will serve 100% of his or her
9sentence."
10    When the sentencing order recommends placement in a
11substance abuse program for any offense that results in
12incarceration in a Department of Corrections facility and the
13crime was committed on or after September 1, 2003 (the
14effective date of Public Act 93-354), the judge's statement, in
15addition to any other judge's statement required under this
16Section, to be given after pronouncing the sentence, shall
17include the following:
18    "The purpose of this statement is to inform the public of
19the actual period of time this defendant is likely to spend in
20prison as a result of this sentence. The actual period of
21prison time served is determined by the statutes of Illinois as
22applied to this sentence by the Illinois Department of
23Corrections and the Illinois Prisoner Review Board. In this
24case, the defendant shall receive no earned sentence credit for
25good conduct under clause (3) of subsection (a) of Section
263-6-3 until he or she participates in and completes a substance

 

 

09900SB2872ham002- 37 -LRB099 19925 RLC 52259 a

1abuse treatment program or receives a waiver from the Director
2of Corrections pursuant to clause (4.5) of subsection (a) of
3Section 3-6-3."
4    (c-4) Before the sentencing hearing and as part of the
5presentence investigation under Section 5-3-1, the court shall
6inquire of the defendant whether the defendant is currently
7serving in or is a veteran of the Armed Forces of the United
8States. If the defendant is currently serving in the Armed
9Forces of the United States or is a veteran of the Armed Forces
10of the United States and has been diagnosed as having a mental
11illness by a qualified psychiatrist or clinical psychologist or
12physician, the court may:
13        (1) order that the officer preparing the presentence
14    report consult with the United States Department of
15    Veterans Affairs, Illinois Department of Veterans'
16    Affairs, or another agency or person with suitable
17    knowledge or experience for the purpose of providing the
18    court with information regarding treatment options
19    available to the defendant, including federal, State, and
20    local programming; and
21        (2) consider the treatment recommendations of any
22    diagnosing or treating mental health professionals
23    together with the treatment options available to the
24    defendant in imposing sentence.
25    For the purposes of this subsection (c-4), "qualified
26psychiatrist" means a reputable physician licensed in Illinois

 

 

09900SB2872ham002- 38 -LRB099 19925 RLC 52259 a

1to practice medicine in all its branches, who has specialized
2in the diagnosis and treatment of mental and nervous disorders
3for a period of not less than 5 years.
4    (c-6) In imposing a sentence, the trial judge shall
5specify, on the record, the particular evidence and other
6reasons which led to his or her determination that a motor
7vehicle was used in the commission of the offense.
8    (d) When the defendant is committed to the Department of
9Corrections, the State's Attorney shall and counsel for the
10defendant may file a statement with the clerk of the court to
11be transmitted to the department, agency or institution to
12which the defendant is committed to furnish such department,
13agency or institution with the facts and circumstances of the
14offense for which the person was committed together with all
15other factual information accessible to them in regard to the
16person prior to his commitment relative to his habits,
17associates, disposition and reputation and any other facts and
18circumstances which may aid such department, agency or
19institution during its custody of such person. The clerk shall
20within 10 days after receiving any such statements transmit a
21copy to such department, agency or institution and a copy to
22the other party, provided, however, that this shall not be
23cause for delay in conveying the person to the department,
24agency or institution to which he has been committed.
25    (e) The clerk of the court shall transmit to the
26department, agency or institution, if any, to which the

 

 

09900SB2872ham002- 39 -LRB099 19925 RLC 52259 a

1defendant is committed, the following:
2        (1) the sentence imposed;
3        (2) any statement by the court of the basis for
4    imposing the sentence;
5        (3) any presentence reports;
6        (3.5) any sex offender evaluations;
7        (3.6) any substance abuse treatment eligibility
8    screening and assessment of the defendant by an agent
9    designated by the State of Illinois to provide assessment
10    services for the Illinois courts;
11        (4) the number of days, if any, which the defendant has
12    been in custody and for which he is entitled to credit
13    against the sentence, which information shall be provided
14    to the clerk by the sheriff;
15        (4.1) any finding of great bodily harm made by the
16    court with respect to an offense enumerated in subsection
17    (c-1);
18        (5) all statements filed under subsection (d) of this
19    Section;
20        (6) any medical or mental health records or summaries
21    of the defendant;
22        (7) the municipality where the arrest of the offender
23    or the commission of the offense has occurred, where such
24    municipality has a population of more than 25,000 persons;
25        (8) all statements made and evidence offered under
26    paragraph (7) of subsection (a) of this Section; and

 

 

09900SB2872ham002- 40 -LRB099 19925 RLC 52259 a

1        (9) all additional matters which the court directs the
2    clerk to transmit.
3    (f) In cases in which the court finds that a motor vehicle
4was used in the commission of the offense for which the
5defendant is being sentenced, the clerk of the court shall,
6within 5 days thereafter, forward a report of such conviction
7to the Secretary of State.
8(Source: P.A. 99-861, eff. 1-1-17.)
 
9    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
10    Sec. 5-5-3. Disposition.
11    (a) (Blank).
12    (b) (Blank).
13    (c) (1) (Blank).
14    (2) A period of probation, a term of periodic imprisonment
15or conditional discharge shall not be imposed for the following
16offenses. The court shall sentence the offender to not less
17than the minimum term of imprisonment set forth in this Code
18for the following offenses, and may order a fine or restitution
19or both in conjunction with such term of imprisonment:
20        (A) First degree murder where the death penalty is not
21    imposed.
22        (B) Attempted first degree murder.
23        (C) A Class X felony.
24        (D) A violation of Section 401.1 or 407 of the Illinois
25    Controlled Substances Act, or a violation of subdivision

 

 

09900SB2872ham002- 41 -LRB099 19925 RLC 52259 a

1    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
2    to more than 5 grams of a substance containing cocaine,
3    fentanyl, or an analog thereof.
4        (D-5) A violation of subdivision (c)(1) of Section 401
5    of the Illinois Controlled Substances Act which relates to
6    3 or more grams of a substance containing heroin or an
7    analog thereof.
8        (E) (Blank). A violation of Section 5.1 or 9 of the
9    Cannabis Control Act.
10        (F) A Class 1 2 or greater felony if the offender had
11    been convicted of a Class 1 2 or greater felony, including
12    any state or federal conviction for an offense that
13    contained, at the time it was committed, the same elements
14    as an offense now (the date of the offense committed after
15    the prior Class 1 2 or greater felony) classified as a
16    Class 1 2 or greater felony, within 10 years of the date on
17    which the offender committed the offense for which he or
18    she is being sentenced, except as otherwise provided in
19    Section 40-10 of the Alcoholism and Other Drug Abuse and
20    Dependency Act.
21        (F-3) A Class 2 or greater felony sex offense or felony
22    firearm offense if the offender had been convicted of a
23    Class 2 or greater felony, including any state or federal
24    conviction for an offense that contained, at the time it
25    was committed, the same elements as an offense now (the
26    date of the offense committed after the prior Class 2 or

 

 

09900SB2872ham002- 42 -LRB099 19925 RLC 52259 a

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

 

 

09900SB2872ham002- 43 -LRB099 19925 RLC 52259 a

1    Prevention Act.
2        (K) Vehicular hijacking.
3        (L) A second or subsequent conviction for the offense
4    of hate crime when the underlying offense upon which the
5    hate crime is based is felony aggravated assault or felony
6    mob action.
7        (M) A second or subsequent conviction for the offense
8    of institutional vandalism if the damage to the property
9    exceeds $300.
10        (N) A Class 3 felony violation of paragraph (1) of
11    subsection (a) of Section 2 of the Firearm Owners
12    Identification Card Act.
13        (O) A violation of Section 12-6.1 or 12-6.5 of the
14    Criminal Code of 1961 or the Criminal Code of 2012.
15        (P) A violation of paragraph (1), (2), (3), (4), (5),
16    or (7) of subsection (a) of Section 11-20.1 of the Criminal
17    Code of 1961 or the Criminal Code of 2012.
18        (Q) A violation of subsection (b) or (b-5) of Section
19    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
20    Code of 1961 or the Criminal Code of 2012.
21        (R) A violation of Section 24-3A of the Criminal Code
22    of 1961 or the Criminal Code of 2012.
23        (S) (Blank).
24        (T) (Blank). A second or subsequent violation of the
25    Methamphetamine Control and Community Protection Act.
26        (U) A second or subsequent violation of Section 6-303

 

 

09900SB2872ham002- 44 -LRB099 19925 RLC 52259 a

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

 

 

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

 

 

09900SB2872ham002- 46 -LRB099 19925 RLC 52259 a

1    (4.1) (Blank).
2    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
3this subsection (c), a minimum of 100 hours of community
4service shall be imposed for a second violation of Section
56-303 of the Illinois Vehicle Code.
6    (4.3) A minimum term of imprisonment of 30 days or 300
7hours of community service, as determined by the court, shall
8be imposed for a second violation of subsection (c) of Section
96-303 of the Illinois Vehicle Code.
10    (4.4) Except as provided in paragraphs (4.5), (4.6), and
11(4.9) of this subsection (c), a minimum term of imprisonment of
1230 days or 300 hours of community service, as determined by the
13court, shall be imposed for a third or subsequent violation of
14Section 6-303 of the Illinois Vehicle Code.
15    (4.5) A minimum term of imprisonment of 30 days shall be
16imposed for a third violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.6) Except as provided in paragraph (4.10) of this
19subsection (c), a minimum term of imprisonment of 180 days
20shall be imposed for a fourth or subsequent violation of
21subsection (c) of Section 6-303 of the Illinois Vehicle Code.
22    (4.7) A minimum term of imprisonment of not less than 30
23consecutive days, or 300 hours of community service, shall be
24imposed for a violation of subsection (a-5) of Section 6-303 of
25the Illinois Vehicle Code, as provided in subsection (b-5) of
26that Section.

 

 

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1    (4.8) A mandatory prison sentence shall be imposed for a
2second violation of subsection (a-5) of Section 6-303 of the
3Illinois Vehicle Code, as provided in subsection (c-5) of that
4Section. The person's driving privileges shall be revoked for a
5period of not less than 5 years from the date of his or her
6release from prison.
7    (4.9) A mandatory prison sentence of not less than 4 and
8not more than 15 years shall be imposed for a third violation
9of subsection (a-5) of Section 6-303 of the Illinois Vehicle
10Code, as provided in subsection (d-2.5) of that Section. The
11person's driving privileges shall be revoked for the remainder
12of his or her life.
13    (4.10) A mandatory prison sentence for a Class 1 felony
14shall be imposed, and the person shall be eligible for an
15extended term sentence, for a fourth or subsequent violation of
16subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
17as provided in subsection (d-3.5) of that Section. The person's
18driving privileges shall be revoked for the remainder of his or
19her life.
20    (5) The court may sentence a corporation or unincorporated
21association convicted of any offense to:
22        (A) a period of conditional discharge;
23        (B) a fine;
24        (C) make restitution to the victim under Section 5-5-6
25    of this Code.
26    (5.1) In addition to any other penalties imposed, and

 

 

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

 

 

09900SB2872ham002- 49 -LRB099 19925 RLC 52259 a

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

 

 

09900SB2872ham002- 50 -LRB099 19925 RLC 52259 a

1conducted the sporting event.
2    (12) A person may not receive a disposition of court
3supervision for a violation of Section 5-16 of the Boat
4Registration and Safety Act if that person has previously
5received a disposition of court supervision for a violation of
6that Section.
7    (13) A person convicted of or placed on court supervision
8for an assault or aggravated assault when the victim and the
9offender are family or household members as defined in Section
10103 of the Illinois Domestic Violence Act of 1986 or convicted
11of domestic battery or aggravated domestic battery may be
12required to attend a Partner Abuse Intervention Program under
13protocols set forth by the Illinois Department of Human
14Services under such terms and conditions imposed by the court.
15The costs of such classes shall be paid by the offender.
16    (d) In any case in which a sentence originally imposed is
17vacated, the case shall be remanded to the trial court. The
18trial court shall hold a hearing under Section 5-4-1 of the
19Unified Code of Corrections which may include evidence of the
20defendant's life, moral character and occupation during the
21time since the original sentence was passed. The trial court
22shall then impose sentence upon the defendant. The trial court
23may impose any sentence which could have been imposed at the
24original trial subject to Section 5-5-4 of the Unified Code of
25Corrections. If a sentence is vacated on appeal or on
26collateral attack due to the failure of the trier of fact at

 

 

09900SB2872ham002- 51 -LRB099 19925 RLC 52259 a

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

 

 

09900SB2872ham002- 52 -LRB099 19925 RLC 52259 a

1            and
2                (v) compliance with any other measures that
3            the court may deem appropriate; and
4        (2) the court orders the defendant to pay for the
5    victim's counseling services, to the extent that the court
6    finds, after considering the defendant's income and
7    assets, that the defendant is financially capable of paying
8    for such services, if the victim was under 18 years of age
9    at the time the offense was committed and requires
10    counseling as a result of the offense.
11    Probation may be revoked or modified pursuant to Section
125-6-4; except where the court determines at the hearing that
13the defendant violated a condition of his or her probation
14restricting contact with the victim or other family members or
15commits another offense with the victim or other family
16members, the court shall revoke the defendant's probation and
17impose a term of imprisonment.
18    For the purposes of this Section, "family member" and
19"victim" shall have the meanings ascribed to them in Section
2011-0.1 of the Criminal Code of 2012.
21    (f) (Blank).
22    (g) Whenever a defendant is convicted of an offense under
23Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2411-14.3, 11-14.4 except for an offense that involves keeping a
25place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2611-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

 

 

09900SB2872ham002- 53 -LRB099 19925 RLC 52259 a

112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
2Criminal Code of 2012, the defendant shall undergo medical
3testing to determine whether the defendant has any sexually
4transmissible disease, including a test for infection with
5human immunodeficiency virus (HIV) or any other identified
6causative agent of acquired immunodeficiency syndrome (AIDS).
7Any such medical test shall be performed only by appropriately
8licensed medical practitioners and may include an analysis of
9any bodily fluids as well as an examination of the defendant's
10person. Except as otherwise provided by law, the results of
11such test shall be kept strictly confidential by all medical
12personnel involved in the testing and must be personally
13delivered in a sealed envelope to the judge of the court in
14which the conviction was entered for the judge's inspection in
15camera. Acting in accordance with the best interests of the
16victim and the public, the judge shall have the discretion to
17determine to whom, if anyone, the results of the testing may be
18revealed. The court shall notify the defendant of the test
19results. The court shall also notify the victim if requested by
20the victim, and if the victim is under the age of 15 and if
21requested by the victim's parents or legal guardian, the court
22shall notify the victim's parents or legal guardian of the test
23results. The court shall provide information on the
24availability of HIV testing and counseling at Department of
25Public Health facilities to all parties to whom the results of
26the testing are revealed and shall direct the State's Attorney

 

 

09900SB2872ham002- 54 -LRB099 19925 RLC 52259 a

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

 

 

09900SB2872ham002- 55 -LRB099 19925 RLC 52259 a

1by law, the results of such test shall be kept strictly
2confidential by all medical personnel involved in the testing
3and must be personally delivered in a sealed envelope to the
4judge of the court in which the conviction was entered for the
5judge's inspection in camera. Acting in accordance with the
6best interests of the public, the judge shall have the
7discretion to determine to whom, if anyone, the results of the
8testing may be revealed. The court shall notify the defendant
9of a positive test showing an infection with the human
10immunodeficiency virus (HIV). The court shall provide
11information on the availability of HIV testing and counseling
12at Department of Public Health facilities to all parties to
13whom the results of the testing are revealed and shall direct
14the State's Attorney to provide the information to the victim
15when possible. A State's Attorney may petition the court to
16obtain the results of any HIV test administered under this
17Section, and the court shall grant the disclosure if the
18State's Attorney shows it is relevant in order to prosecute a
19charge of criminal transmission of HIV under Section 12-5.01 or
2012-16.2 of the Criminal Code of 1961 or the Criminal Code of
212012 against the defendant. The court shall order that the cost
22of any such test shall be paid by the county and may be taxed as
23costs against the convicted defendant.
24    (i) All fines and penalties imposed under this Section for
25any violation of Chapters 3, 4, 6, and 11 of the Illinois
26Vehicle Code, or a similar provision of a local ordinance, and

 

 

09900SB2872ham002- 56 -LRB099 19925 RLC 52259 a

1any violation of the Child Passenger Protection Act, or a
2similar provision of a local ordinance, shall be collected and
3disbursed by the circuit clerk as provided under Section 27.5
4of the Clerks of Courts Act.
5    (j) In cases when prosecution for any violation of Section
611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
711-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
811-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
911-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1012-15, or 12-16 of the Criminal Code of 1961 or the Criminal
11Code of 2012, any violation of the Illinois Controlled
12Substances Act, any violation of the Cannabis Control Act, or
13any violation of the Methamphetamine Control and Community
14Protection Act results in conviction, a disposition of court
15supervision, or an order of probation granted under Section 10
16of the Cannabis Control Act, Section 410 of the Illinois
17Controlled Substances Act, or Section 70 of the Methamphetamine
18Control and Community Protection Act of a defendant, the court
19shall determine whether the defendant is employed by a facility
20or center as defined under the Child Care Act of 1969, a public
21or private elementary or secondary school, or otherwise works
22with children under 18 years of age on a daily basis. When a
23defendant is so employed, the court shall order the Clerk of
24the Court to send a copy of the judgment of conviction or order
25of supervision or probation to the defendant's employer by
26certified mail. If the employer of the defendant is a school,

 

 

09900SB2872ham002- 57 -LRB099 19925 RLC 52259 a

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

 

 

09900SB2872ham002- 58 -LRB099 19925 RLC 52259 a

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

 

 

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

 

 

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1available under Section 5-5-3 at the time of initial
2sentencing. In addition, the defendant shall not be eligible
3for additional earned sentence credit for good conduct as
4provided under Section 3-6-3.
5    (m) A person convicted of criminal defacement of property
6under Section 21-1.3 of the Criminal Code of 1961 or the
7Criminal Code of 2012, in which the property damage exceeds
8$300 and the property damaged is a school building, shall be
9ordered to perform community service that may include cleanup,
10removal, or painting over the defacement.
11    (n) The court may sentence a person convicted of a
12violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
13subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
14of 1961 or the Criminal Code of 2012 (i) to an impact
15incarceration program if the person is otherwise eligible for
16that program under Section 5-8-1.1, (ii) to community service,
17or (iii) if the person is an addict or alcoholic, as defined in
18the Alcoholism and Other Drug Abuse and Dependency Act, to a
19substance or alcohol abuse program licensed under that Act.
20    (o) Whenever a person is convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act, the
22defendant's driver's license or permit shall be subject to
23renewal on an annual basis in accordance with the provisions of
24license renewal established by the Secretary of State.
25(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
2699-143, eff. 7-27-15; 99-885, eff. 8-23-16.)".