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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Criminal Justice Information Act | 5 | | is 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 | 8 | | following
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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| 1 | | be satisfied
by filing copies of the report with the Speaker, | 2 | | the Minority Leader and
the Clerk of the House of | 3 | | Representatives and the President, the Minority
Leader and the | 4 | | Secretary of the Senate and the Legislative Research
Unit, as | 5 | | required by Section 3.1 of "An Act to revise the law in | 6 | | relation
to the General Assembly", approved February 25, 1874, | 7 | | as amended, and
filing such additional copies with the State | 8 | | Government Report Distribution
Center for the General Assembly | 9 | | as is required under paragraph (t) of
Section 7 of the State | 10 | | Library Act.
| 11 | | (Source: P.A. 97-435, eff. 1-1-12.)
| 12 | | Section 10. The Unified Code of Corrections is amended by | 13 | | changing 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
| 17 | | and regulations for awarding and revoking sentence credit for | 18 | | persons committed to the Department which shall
be subject to | 19 | | review by the Prisoner Review Board.
| 20 | | (1.5) As otherwise provided by law, sentence credit may be | 21 | | awarded 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 | 6 | | provide, with
respect to offenses listed in clause (i), (ii), | 7 | | or (iii) of this paragraph (2) committed on or after June 19, | 8 | | 1998 or with respect to the offense listed in clause (iv) of | 9 | | this paragraph (2) committed on or after June 23, 2005 (the | 10 | | effective date of Public Act 94-71) or with
respect to offense | 11 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 12 | | effective date of Public Act 95-625)
or with respect to the | 13 | | offense of being an armed habitual criminal committed on or | 14 | | after August 2, 2005 (the effective date of Public Act 94-398) | 15 | | or with respect to the offenses listed in clause (v) of this | 16 | | paragraph (2) committed on or after August 13, 2007 (the | 17 | | effective date of Public Act 95-134) or with respect to the | 18 | | offense of aggravated domestic battery committed on or after | 19 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 20 | | with respect to the offense of attempt to commit terrorism | 21 | | committed on or after January 1, 2013 (the effective date of | 22 | | Public 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 | 12 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 13 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 14 | | June 23, 2005 (the effective date of Public Act 94-71) or | 15 | | subdivision (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 | 18 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | 19 | | on or after July 23, 2010 (the effective date of Public Act | 20 | | 96-1224), and other than the offense of aggravated driving | 21 | | under the influence of alcohol, other drug or drugs, or
| 22 | | intoxicating compound or compounds, or any combination thereof | 23 | | as defined in
subparagraph (F) of paragraph (1) of subsection | 24 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | 25 | | than the offense of aggravated driving under the influence of | 26 | | alcohol,
other drug or drugs, or intoxicating compound or |
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| 1 | | compounds, or any combination
thereof as defined in | 2 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 3 | | 11-501 of the Illinois Vehicle Code committed on or after | 4 | | January 1, 2011 (the effective date of Public Act 96-1230),
the | 5 | | rules and regulations shall
provide that a prisoner who is | 6 | | serving a term of
imprisonment shall receive one day of | 7 | | sentence credit for each day of
his or her sentence of | 8 | | imprisonment or recommitment under Section 3-3-9.
Each day of | 9 | | sentence credit shall reduce by one day the prisoner's period
| 10 | | of imprisonment or recommitment under Section 3-3-9.
| 11 | | (2.2) A prisoner serving a term of natural life | 12 | | imprisonment or a
prisoner who has been sentenced to death | 13 | | shall receive no sentence
credit.
| 14 | | (2.3) The rules and regulations on sentence credit shall | 15 | | provide that
a prisoner who is serving a sentence for | 16 | | aggravated driving under the influence of alcohol,
other drug | 17 | | or drugs, or intoxicating compound or compounds, or any | 18 | | combination
thereof as defined in subparagraph (F) of paragraph | 19 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 20 | | Code, shall receive no more than 4.5
days of sentence credit | 21 | | for each month of his or her sentence of
imprisonment.
| 22 | | (2.4) The rules and regulations on sentence credit shall | 23 | | provide with
respect to the offenses of aggravated battery with | 24 | | a machine gun or a firearm
equipped with any device or | 25 | | attachment designed or used for silencing the
report of a | 26 | | firearm or aggravated discharge of a machine gun or a firearm
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| 1 | | equipped with any device or attachment designed or used for | 2 | | silencing the
report of a firearm, committed on or after
July | 3 | | 15, 1999 (the effective date of Public Act 91-121),
that a | 4 | | prisoner serving a sentence for any of these offenses shall | 5 | | receive no
more than 4.5 days of sentence credit for each month | 6 | | of his or her sentence
of imprisonment.
| 7 | | (2.5) The rules and regulations on sentence credit shall | 8 | | provide that a
prisoner who is serving a sentence for | 9 | | aggravated arson committed on or after
July 27, 2001 (the | 10 | | effective date of Public Act 92-176) shall receive no more than
| 11 | | 4.5 days of sentence credit for each month of his or her | 12 | | sentence of
imprisonment.
| 13 | | (2.6) The rules and regulations on sentence credit shall | 14 | | provide that a
prisoner who is serving a sentence for | 15 | | aggravated driving under the influence of alcohol,
other drug | 16 | | or drugs, or intoxicating compound or compounds or any | 17 | | combination
thereof as defined in subparagraph (C) of paragraph | 18 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 19 | | Code committed on or after January 1, 2011 (the effective date | 20 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 21 | | sentence credit for each month of his or her sentence of
| 22 | | imprisonment. | 23 | | (3) The rules and regulations shall also provide that
the | 24 | | Director may award up to 180 days of earned additional sentence
| 25 | | credit for good conduct in specific instances as the
Director | 26 | | deems proper. The good conduct may include, but is not limited |
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| 1 | | to, compliance with the rules and regulations of the | 2 | | Department, service to the Department, service to a community, | 3 | | or service to the State. However, the Director shall not award | 4 | | more than 90 days
of sentence credit for good conduct to any | 5 | | prisoner who is serving a sentence for
conviction of first | 6 | | degree murder, reckless homicide while under the
influence of | 7 | | alcohol or any other drug,
or aggravated driving under the | 8 | | influence of alcohol, other drug or drugs, or
intoxicating | 9 | | compound or compounds, or any combination thereof as defined in
| 10 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 11 | | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | 12 | | kidnapping,
predatory criminal sexual assault of a child,
| 13 | | aggravated criminal sexual assault, criminal sexual assault, | 14 | | deviate sexual
assault, aggravated criminal sexual abuse, | 15 | | aggravated indecent liberties
with a child, indecent liberties | 16 | | with a child, child pornography, heinous
battery as described | 17 | | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 18 | | aggravated battery of a spouse, aggravated battery of a spouse
| 19 | | with a firearm, stalking, aggravated stalking, aggravated | 20 | | battery of a child as described in Section 12-4.3 or | 21 | | subdivision (b)(1) of Section 12-3.05,
endangering the life or | 22 | | health of a child, or cruelty to a child. Notwithstanding the | 23 | | foregoing, sentence credit for
good conduct shall not be | 24 | | awarded on a
sentence of imprisonment imposed for conviction | 25 | | of: (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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| 1 | | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | 2 | | is committed on or after June 23, 2005 (the effective date of | 3 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | 4 | | committed on or after August 13, 2007 (the effective date of | 5 | | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | 6 | | is committed on or after June 1, 2008 (the effective date of | 7 | | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | 8 | | is committed on or after July 23, 2010 (the effective date of | 9 | | Public Act 96-1224), (ii) aggravated driving under the | 10 | | influence of alcohol, other drug or drugs, or
intoxicating | 11 | | compound or compounds, or any combination thereof as defined in
| 12 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 13 | | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | 14 | | enumerated in subdivision
(a)(2.4) when the offense is | 15 | | committed on or after
July 15, 1999 (the effective date of | 16 | | Public Act 91-121),
(iv) aggravated arson when the offense is | 17 | | committed
on or after July 27, 2001 (the effective date of | 18 | | Public Act 92-176), (v) offenses that may subject the offender | 19 | | to commitment under the Sexually Violent Persons Commitment | 20 | | Act, or (vi) aggravated driving under the influence of alcohol,
| 21 | | other drug or drugs, or intoxicating compound or compounds or | 22 | | any combination
thereof as defined in subparagraph (C) of | 23 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 24 | | Illinois 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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| 1 | | under
this paragraph (3) may be selected to receive the credit | 2 | | at
the Director's or his or her designee's sole discretion.
| 3 | | Eligibility for the additional earned sentence credit under | 4 | | this paragraph (3) shall be based on, but is not limited to, | 5 | | the results of any available risk/needs assessment or other | 6 | | relevant assessments or evaluations administered by the | 7 | | Department using a validated instrument, the circumstances of | 8 | | the crime, any history of conviction for a forcible felony | 9 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 10 | | inmate's behavior and disciplinary history while incarcerated, | 11 | | and the inmate's commitment to rehabilitation, including | 12 | | participation in programming offered by the Department. | 13 | | Consideration may be based on, but not limited to, any
| 14 | | available risk assessment analysis on the inmate, any history | 15 | | of conviction for violent crimes as defined by the Rights of | 16 | | Crime Victims and Witnesses Act, facts and circumstances of the | 17 | | inmate's holding offense or offenses, and the potential for | 18 | | rehabilitation. | 19 | | The Director shall not award sentence credit under this | 20 | | paragraph (3) to an inmate unless the inmate has served a | 21 | | minimum of 60 days of the sentence; except nothing in this | 22 | | paragraph shall be construed to permit the Director to extend | 23 | | an inmate's sentence beyond that which was imposed by the | 24 | | court. Prior to awarding credit under this paragraph (3), the | 25 | | Director 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 | 10 | | written determination required in this subsection. | 11 | | (3.5) The Department shall provide annual written reports | 12 | | to the Governor and the General Assembly on the award of earned | 13 | | sentence credit no later than February 1 of each year for good | 14 | | conduct, with the first report due January 1, 2014 . The | 15 | | Department must publish both reports on its website within 48 | 16 | | hours of transmitting the reports to the Governor and the | 17 | | General 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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| 1 | | sentence
credit accumulated and retained under paragraph (2.1) | 2 | | of subsection (a) of
this Section by any inmate during specific | 3 | | periods of time in which such
inmate is engaged full-time in | 4 | | substance abuse programs, correctional
industry assignments, | 5 | | educational programs, behavior modification programs, life | 6 | | skills courses, or re-entry planning provided by the Department
| 7 | | under this paragraph (4) and satisfactorily completes the | 8 | | assigned program as
determined by the standards of the | 9 | | Department, shall be multiplied by a factor
of 1.25 for program | 10 | | participation before August 11, 1993
and 1.50 for program | 11 | | participation on or after that date.
The rules and regulations | 12 | | shall also provide that sentence credit, subject to the same | 13 | | offense limits and multiplier provided in this paragraph, may | 14 | | be provided to an inmate who was held in pre-trial detention | 15 | | prior to his or her current commitment to the Department of | 16 | | Corrections and successfully completed a full-time, 60-day or | 17 | | longer substance abuse program, educational program, behavior | 18 | | modification program, life skills course, or re-entry planning | 19 | | provided by the county department of corrections or county | 20 | | jail. Calculation of this county program credit shall be done | 21 | | at sentencing as provided in Section 5-4.5-100 of this Code and | 22 | | shall be included in the sentencing order. However, no inmate | 23 | | shall be eligible for the additional sentence credit
under this | 24 | | paragraph (4) or (4.1) of this subsection (a) while assigned to | 25 | | a boot camp
or electronic detention, or if convicted of an | 26 | | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of |
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| 1 | | this Section that is committed on or after June 19,
1998 or | 2 | | subdivision (a)(2)(iv) of this Section that is committed on or | 3 | | after June 23, 2005 (the effective date of Public Act 94-71) or | 4 | | subdivision (a)(2)(v) of this Section that is committed on or | 5 | | after August 13, 2007 (the effective date of Public Act 95-134)
| 6 | | or subdivision (a)(2)(vi) when the offense is committed on or | 7 | | after June 1, 2008 (the effective date of Public Act 95-625) or | 8 | | subdivision (a)(2)(vii) when the offense is committed on or | 9 | | after July 23, 2010 (the effective date of Public Act 96-1224), | 10 | | or if convicted of aggravated driving under the influence of | 11 | | alcohol, other drug or drugs, or
intoxicating compound or | 12 | | compounds or any combination thereof as defined in
subparagraph | 13 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| 14 | | Illinois Vehicle Code, or if convicted of aggravated driving | 15 | | under the influence of alcohol,
other drug or drugs, or | 16 | | intoxicating compound or compounds or any combination
thereof | 17 | | as defined in subparagraph (C) of paragraph (1) of subsection | 18 | | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | 19 | | or after January 1, 2011 (the effective date of Public Act | 20 | | 96-1230), or if convicted of an offense enumerated in paragraph
| 21 | | (a)(2.4) of this Section that is committed on or after
July 15, | 22 | | 1999 (the effective date of Public Act 91-121),
or first degree | 23 | | murder, a Class X felony, criminal sexual
assault, felony | 24 | | criminal sexual abuse, aggravated criminal sexual abuse,
| 25 | | aggravated battery with a firearm as described in Section | 26 | | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
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| 1 | | Section 12-3.05, or any predecessor or successor offenses
with | 2 | | the same or substantially the same elements, or any inchoate | 3 | | offenses
relating to the foregoing offenses. No inmate shall be | 4 | | eligible for the
additional good conduct credit under this | 5 | | paragraph (4) who (i) has previously
received increased good | 6 | | conduct credit under this paragraph (4) and has
subsequently | 7 | | been convicted of a
felony, or (ii) has previously served more | 8 | | than one prior sentence of
imprisonment for a felony in an | 9 | | adult correctional facility.
| 10 | | Educational, vocational, substance abuse, behavior | 11 | | modification programs, life skills courses, re-entry planning, | 12 | | and correctional
industry programs under which sentence credit | 13 | | may be increased under
this paragraph (4) and paragraph (4.1) | 14 | | of this subsection (a) shall be evaluated by the Department on | 15 | | the basis of
documented standards. The Department shall report | 16 | | the results of these
evaluations to the Governor and the | 17 | | General Assembly by September 30th of each
year. The reports | 18 | | shall include data relating to the recidivism rate among
| 19 | | program participants.
| 20 | | Availability of these programs shall be subject to the
| 21 | | limits of fiscal resources appropriated by the General Assembly | 22 | | for these
purposes. Eligible inmates who are denied immediate | 23 | | admission shall be
placed on a waiting list under criteria | 24 | | established by the Department.
The inability of any inmate to | 25 | | become engaged in any such programs
by reason of insufficient | 26 | | program resources or for any other reason
established under the |
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| 1 | | rules and regulations of the Department shall not be
deemed a | 2 | | cause of action under which the Department or any employee or
| 3 | | agent of the Department shall be liable for damages to the | 4 | | inmate.
| 5 | | (4.1) The rules and regulations shall also provide that an | 6 | | additional 90 days of sentence credit shall be awarded to any | 7 | | prisoner who passes high school equivalency testing while the | 8 | | prisoner is committed to the Department of Corrections. The | 9 | | sentence credit awarded under this paragraph (4.1) shall be in | 10 | | addition to, and shall not affect, the award of sentence credit | 11 | | under any other paragraph of this Section, but shall also be | 12 | | pursuant to the guidelines and restrictions set forth in | 13 | | paragraph (4) of subsection (a) of this Section.
The sentence | 14 | | credit provided for in this paragraph shall be available only | 15 | | to those prisoners who have not previously earned a high school | 16 | | diploma or a high school equivalency certificate. If, after an | 17 | | award of the high school equivalency testing sentence credit | 18 | | has been made, the Department determines that the prisoner was | 19 | | not eligible, then the award shall be revoked.
The Department | 20 | | may also award 90 days of sentence credit to any committed | 21 | | person who passed high school equivalency testing while he or | 22 | | she was held in pre-trial detention prior to the current | 23 | | commitment to the Department of Corrections. | 24 | | (4.5) The rules and regulations on sentence credit shall | 25 | | also provide that
when the court's sentencing order recommends | 26 | | a prisoner for substance abuse treatment and the
crime was |
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| 1 | | committed on or after September 1, 2003 (the effective date of
| 2 | | Public Act 93-354), the prisoner shall receive no sentence | 3 | | credit awarded under clause (3) of this subsection (a) unless | 4 | | he or she participates in and
completes a substance abuse | 5 | | treatment program. The Director may waive the requirement to | 6 | | participate in or complete a substance abuse treatment program | 7 | | and award the sentence credit in specific instances if the | 8 | | prisoner is not a good candidate for a substance abuse | 9 | | treatment program for medical, programming, or operational | 10 | | reasons. Availability of
substance abuse treatment shall be | 11 | | subject to the limits of fiscal resources
appropriated by the | 12 | | General Assembly for these purposes. If treatment is not
| 13 | | available and the requirement to participate and complete the | 14 | | treatment has not been waived by the Director, the prisoner | 15 | | shall be placed on a waiting list under criteria
established by | 16 | | the Department. The Director may allow a prisoner placed on
a | 17 | | waiting list to participate in and complete a substance abuse | 18 | | education class or attend substance
abuse self-help meetings in | 19 | | lieu of a substance abuse treatment program. A prisoner on a | 20 | | waiting list who is not placed in a substance abuse program | 21 | | prior to release may be eligible for a waiver and receive | 22 | | sentence credit under clause (3) of this subsection (a) at the | 23 | | discretion of the Director.
| 24 | | (4.6) The rules and regulations on sentence credit shall | 25 | | also provide that a prisoner who has been convicted of a sex | 26 | | offense as defined in Section 2 of the Sex Offender |
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| 1 | | Registration Act shall receive no sentence credit unless he or | 2 | | she either has successfully completed or is participating in | 3 | | sex offender treatment as defined by the Sex Offender | 4 | | Management Board. However, prisoners who are waiting to receive | 5 | | treatment, but who are unable to do so due solely to the lack | 6 | | of resources on the part of the Department, may, at the | 7 | | Director's sole discretion, be awarded sentence credit at a | 8 | | rate as the Director shall determine. | 9 | | (5) Whenever the Department is to release any inmate | 10 | | earlier than it
otherwise would because of a grant of earned | 11 | | sentence credit for good conduct under paragraph (3) of | 12 | | subsection (a) of this Section given at any time during the | 13 | | term, the Department shall give
reasonable notice of the | 14 | | impending release not less than 14 days prior to the date of | 15 | | the release to the State's
Attorney of the county where the | 16 | | prosecution of the inmate took place, and if applicable, the | 17 | | State's Attorney of the county into which the inmate will be | 18 | | released. The Department must also make identification | 19 | | information and a recent photo of the inmate being released | 20 | | accessible on the Internet by means of a hyperlink labeled | 21 | | "Community Notification of Inmate Early Release" on the | 22 | | Department's World Wide Web homepage.
The identification | 23 | | information shall include the inmate's: name, any known alias, | 24 | | date of birth, physical characteristics, commitment offense | 25 | | and county where conviction was imposed. The identification | 26 | | information shall be placed on the website within 3 days of the |
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| 1 | | inmate's release and the information may not be removed until | 2 | | either: completion of the first year of mandatory supervised | 3 | | release or return of the inmate to custody of the Department.
| 4 | | (b) Whenever a person is or has been committed under
| 5 | | several convictions, with separate sentences, the sentences
| 6 | | shall be construed under Section 5-8-4 in granting and
| 7 | | forfeiting of sentence credit.
| 8 | | (c) The Department shall prescribe rules and regulations
| 9 | | for revoking sentence credit, including revoking sentence | 10 | | credit awarded for good conduct under paragraph (3) of | 11 | | subsection (a) of this Section. The Department shall prescribe | 12 | | rules and regulations for suspending or reducing
the rate of | 13 | | accumulation of sentence credit for specific
rule violations, | 14 | | during imprisonment. These rules and regulations
shall provide | 15 | | that no inmate may be penalized more than one
year of sentence | 16 | | credit for any one infraction.
| 17 | | When the Department seeks to revoke, suspend or reduce
the | 18 | | rate of accumulation of any sentence credits for
an alleged | 19 | | infraction of its rules, it shall bring charges
therefor | 20 | | against the prisoner sought to be so deprived of
sentence | 21 | | credits before the Prisoner Review Board as
provided in | 22 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 23 | | amount of credit at issue exceeds 30 days or
when during any 12 | 24 | | month period, the cumulative amount of
credit revoked exceeds | 25 | | 30 days except where the infraction is committed
or discovered | 26 | | within 60 days of scheduled release. In those cases,
the |
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| 1 | | Department of Corrections may revoke up to 30 days of sentence | 2 | | credit.
The Board may subsequently approve the revocation of | 3 | | additional sentence credit, if the Department seeks to revoke | 4 | | sentence credit in
excess of 30 days. However, the Board shall | 5 | | not be empowered to review the
Department's decision with | 6 | | respect to the loss of 30 days of sentence
credit within any | 7 | | calendar year for any prisoner or to increase any penalty
| 8 | | beyond the length requested by the Department.
| 9 | | The Director of the Department of Corrections, in | 10 | | appropriate cases, may
restore up to 30 days of sentence | 11 | | credits which have been revoked, suspended
or reduced. Any | 12 | | restoration of sentence credits in excess of 30 days shall
be | 13 | | subject to review by the Prisoner Review Board. However, the | 14 | | Board may not
restore sentence credit in excess of the amount | 15 | | requested by the Director.
| 16 | | Nothing contained in this Section shall prohibit the | 17 | | Prisoner Review Board
from ordering, pursuant to Section | 18 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 19 | | sentence imposed by the court that was not served due to the
| 20 | | accumulation of sentence credit.
| 21 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 22 | | federal court
against the State, the Department of Corrections, | 23 | | or the Prisoner Review Board,
or against any of
their officers | 24 | | or employees, and the court makes a specific finding that a
| 25 | | pleading, motion, or other paper filed by the prisoner is | 26 | | frivolous, the
Department of Corrections shall conduct a |
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| 1 | | hearing to revoke up to
180 days of sentence credit by bringing | 2 | | charges against the prisoner
sought to be deprived of the | 3 | | sentence credits before the Prisoner Review
Board as provided | 4 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 5 | | prisoner has not accumulated 180 days of sentence credit at the
| 6 | | time of the finding, then the Prisoner Review Board may revoke | 7 | | all
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 | 18 | | validity of Public Act 89-404.
| 19 | | (f) Whenever the Department is to release any inmate who | 20 | | has been convicted of a violation of an order of protection | 21 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 22 | | the Criminal Code of 2012, earlier than it
otherwise would | 23 | | because of a grant of sentence credit, the Department, as a | 24 | | condition of release, shall require that the person, upon | 25 | | release, be placed under electronic surveillance as provided in | 26 | | Section 5-8A-7 of this Code. |
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| 1 | | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | 2 | | eff. 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 | 6 | | procedures otherwise specified, after a
determination of | 7 | | guilt, a hearing shall be held to impose the sentence.
However, | 8 | | prior to the imposition of sentence on an individual being
| 9 | | sentenced for an offense based upon a charge for a violation of | 10 | | Section
11-501 of the Illinois Vehicle Code or a similar | 11 | | provision of a local
ordinance, the individual must undergo a | 12 | | professional evaluation to
determine if an alcohol or other | 13 | | drug abuse problem exists and the extent
of such a problem. | 14 | | Programs conducting these evaluations shall be
licensed by the | 15 | | Department of Human Services. However, if the individual is
not | 16 | | a resident of Illinois, the court
may, in its discretion, | 17 | | accept an evaluation from a program in the state of
such | 18 | | individual's residence. The court may in its sentencing order | 19 | | approve an
eligible defendant for placement in a Department of | 20 | | Corrections impact
incarceration program as provided in | 21 | | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 22 | | order recommend a defendant for placement in a Department of | 23 | | Corrections substance abuse treatment program as provided in | 24 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 25 | | upon the defendant being accepted in a program by the |
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| 1 | | Department 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 |
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| 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 | 8 | | his
independent assessment of the elements specified above and | 9 | | any agreement
as to sentence reached by the parties. The judge | 10 | | who presided at the
trial or the judge who accepted the plea of | 11 | | guilty shall impose the
sentence unless he is no longer sitting | 12 | | as a judge in that court. Where
the judge does not impose | 13 | | sentence at the same time on all defendants
who are convicted | 14 | | as a result of being involved in the same offense, the
| 15 | | defendant or the State's Attorney may advise the sentencing | 16 | | court of the
disposition of any other defendants who have been | 17 | | sentenced.
| 18 | | (b-1) In imposing a sentence of imprisonment or periodic | 19 | | imprisonment for a Class 3 or Class 4 felony for which a | 20 | | sentence of probation or conditional discharge is an available | 21 | | sentence, if the defendant has no prior sentence of probation | 22 | | or conditional discharge and no prior conviction for a violent | 23 | | crime, the defendant shall not be sentenced to imprisonment | 24 | | before review and consideration of a presentence report and | 25 | | determination and explanation of why the particular evidence, | 26 | | information, factor in aggravation, factual finding, or other |
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| 1 | | reasons support a sentencing determination that one or more of | 2 | | the factors under subsection (a) of Section 5-6-1 of this Code | 3 | | apply and that probation or conditional discharge is not an | 4 | | appropriate sentence. | 5 | | (c) In imposing a sentence for a violent crime or for an | 6 | | offense of
operating or being in physical control of a vehicle | 7 | | while under the
influence of alcohol, any other drug or any | 8 | | combination thereof, or a
similar provision of a local | 9 | | ordinance, when such offense resulted in the
personal injury to | 10 | | someone other than the defendant, the trial judge shall
specify | 11 | | on the record the particular evidence, information, factors in
| 12 | | mitigation and aggravation or other reasons that led to his | 13 | | sentencing
determination. The full verbatim record of the | 14 | | sentencing hearing shall be
filed with the clerk of the court | 15 | | and shall be a public record.
| 16 | | (c-1) In imposing a sentence for the offense of aggravated | 17 | | kidnapping for
ransom, home invasion, armed robbery, | 18 | | aggravated vehicular hijacking,
aggravated discharge of a | 19 | | firearm, or armed violence with a category I weapon
or category | 20 | | II weapon,
the trial judge shall make a finding as to whether | 21 | | the conduct leading to
conviction for the offense resulted in | 22 | | great bodily harm to a victim, and
shall enter that finding and | 23 | | the basis for that finding in the record.
| 24 | | (c-2) If the defendant is sentenced to prison, other than | 25 | | when a sentence of
natural life imprisonment or a sentence of | 26 | | death is imposed, at the time
the sentence is imposed the judge |
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| 1 | | shall
state on the record in open court the approximate period | 2 | | of time the defendant
will serve in custody according to the | 3 | | then current statutory rules and
regulations for sentence | 4 | | credit found in Section 3-6-3 and other related
provisions of | 5 | | this Code. This statement is intended solely to inform the
| 6 | | public, has no legal effect on the defendant's actual release, | 7 | | and may not be
relied on by the defendant on appeal.
| 8 | | The judge's statement, to be given after pronouncing the | 9 | | sentence, other than
when the sentence is imposed for one of | 10 | | the offenses enumerated in paragraph
(a)(4) (a)(3) of Section | 11 | | 3-6-3, shall include the following:
| 12 | | "The purpose of this statement is to inform the public of | 13 | | the actual period
of time this defendant is likely to spend in | 14 | | prison as a result of this
sentence. The actual period of | 15 | | prison time served is determined by the
statutes of Illinois as | 16 | | applied to this sentence by the Illinois Department of
| 17 | | Corrections and
the Illinois Prisoner Review Board. In this | 18 | | case, assuming the defendant
receives all of his or her | 19 | | sentence credit, the period of estimated actual
custody is ... | 20 | | years and ... months, less up to 180 days additional earned | 21 | | sentence credit for good conduct . If the defendant, because of | 22 | | his or
her own misconduct or failure to comply with the | 23 | | institutional regulations,
does not receive those credits, the | 24 | | actual time served in prison will be
longer. The defendant may | 25 | | also receive an additional one-half day sentence
credit for | 26 | | each day of participation in vocational, industry, substance |
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| 1 | | abuse,
and educational programs as provided for by Illinois | 2 | | statute."
| 3 | | When the sentence is imposed for one of the offenses | 4 | | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 5 | | when the sentence is imposed for one of the
offenses enumerated | 6 | | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 7 | | 19, 1998, and other than when the sentence is imposed for
| 8 | | reckless homicide as defined in subsection (e) of Section 9-3 | 9 | | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | 10 | | the offense was committed on or after January 1, 1999, and
| 11 | | other than when the sentence is imposed for aggravated arson if | 12 | | the offense was
committed on or after July 27, 2001 (the | 13 | | effective date of Public Act
92-176), and
other than when the | 14 | | sentence is imposed for aggravated driving under the influence | 15 | | of alcohol,
other drug or drugs, or intoxicating compound or | 16 | | compounds, or any combination
thereof as defined in | 17 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 18 | | 11-501 of the Illinois Vehicle Code committed on or after | 19 | | January 1, 2011 (the effective date of Public Act 96-1230), the
| 20 | | judge's statement, to be given after pronouncing the sentence, | 21 | | shall include
the following:
| 22 | | "The purpose of this statement is to inform the public of | 23 | | the actual period
of time this defendant is likely to spend in | 24 | | prison as a result of this
sentence. The actual period of | 25 | | prison time served is determined by the
statutes of Illinois as | 26 | | applied to this sentence by the Illinois Department of
|
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| 1 | | Corrections and the Illinois Prisoner Review Board. In this | 2 | | case,
assuming the defendant
receives all of his or her | 3 | | sentence credit, the period of estimated actual
custody is ... | 4 | | years and ... months, less up to 90 days additional sentence | 5 | | credit for good conduct. If the defendant, because of his or
| 6 | | her own misconduct or failure to comply with the institutional | 7 | | regulations,
does not receive those credits, the actual time | 8 | | served in prison will be
longer. The defendant may also receive | 9 | | an additional one-half day sentence
credit for each day of | 10 | | participation in vocational, industry, substance abuse,
and | 11 | | educational programs as provided for by Illinois statute."
| 12 | | When the sentence is imposed for one of the offenses | 13 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 14 | | first degree murder, and the offense was
committed on or after | 15 | | June 19, 1998, and when the sentence is imposed for
reckless | 16 | | homicide as defined in subsection (e) of Section 9-3 of the | 17 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 18 | | offense was committed on or after January 1, 1999,
and when the | 19 | | sentence is imposed for aggravated driving under the influence
| 20 | | of alcohol, other drug or drugs, or intoxicating compound or | 21 | | compounds, or
any combination thereof as defined in | 22 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 23 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 24 | | imposed for aggravated arson if the offense was committed
on or | 25 | | after July 27, 2001 (the effective date of Public Act 92-176), | 26 | | and when
the sentence is imposed for aggravated driving under |
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| 1 | | the influence of alcohol,
other drug or drugs, or intoxicating | 2 | | compound or compounds, or any combination
thereof as defined in | 3 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 4 | | 11-501 of the Illinois Vehicle Code committed on or after | 5 | | January 1, 2011 (the effective date of Public Act 96-1230), the | 6 | | judge's
statement, to be given after pronouncing the sentence, | 7 | | shall include the
following:
| 8 | | "The purpose of this statement is to inform the public of | 9 | | the actual period
of time this defendant is likely to spend in | 10 | | prison as a result of this
sentence. The actual period of | 11 | | prison time served is determined by the
statutes of Illinois as | 12 | | applied to this sentence by the Illinois Department of
| 13 | | Corrections and
the Illinois Prisoner Review Board. In this | 14 | | case,
the defendant is entitled to no more than 4 1/2 days of | 15 | | sentence credit for
each month of his or her sentence of | 16 | | imprisonment. Therefore, this defendant
will serve at least 85% | 17 | | of his or her sentence. Assuming the defendant
receives 4 1/2 | 18 | | days credit for each month of his or her sentence, the period
| 19 | | of estimated actual custody is ... years and ... months. If the | 20 | | defendant,
because of his or her own misconduct or failure to | 21 | | comply with the
institutional regulations receives lesser | 22 | | credit, the actual time served in
prison will be longer."
| 23 | | When a sentence of imprisonment is imposed for first degree | 24 | | murder and
the offense was committed on or after June 19, 1998, | 25 | | the judge's statement,
to be given after pronouncing the | 26 | | sentence, shall include the following:
|
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| 1 | | "The purpose of this statement is to inform the public of | 2 | | the actual period
of time this defendant is likely to spend in | 3 | | prison as a result of this
sentence. The actual period of | 4 | | prison time served is determined by the
statutes of Illinois as | 5 | | applied to this sentence by the Illinois Department
of | 6 | | Corrections and the Illinois Prisoner Review Board. In this | 7 | | case, the
defendant is not entitled to sentence credit. | 8 | | Therefore, this defendant
will serve 100% of his or her | 9 | | sentence."
| 10 | | When the sentencing order recommends placement in a | 11 | | substance abuse program for any offense that results in | 12 | | incarceration
in a Department of Corrections facility and the | 13 | | crime was
committed on or after September 1, 2003 (the | 14 | | effective date of Public Act
93-354), the judge's
statement, in | 15 | | addition to any other judge's statement required under this
| 16 | | Section, to be given after pronouncing the sentence, shall | 17 | | include the
following:
| 18 | | "The purpose of this statement is to inform the public of
| 19 | | the actual period of time this defendant is likely to spend in
| 20 | | prison as a result of this sentence. The actual period of
| 21 | | prison time served is determined by the statutes of Illinois as
| 22 | | applied to this sentence by the Illinois Department of
| 23 | | Corrections and the Illinois Prisoner Review Board. In this
| 24 | | case, the defendant shall receive no earned sentence credit for | 25 | | good conduct under clause (3) of subsection (a) of Section | 26 | | 3-6-3 until he or
she participates in and completes a substance |
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| 1 | | abuse treatment program or receives a waiver from the Director | 2 | | of Corrections pursuant to clause (4.5) of subsection (a) of | 3 | | Section 3-6-3."
| 4 | | (c-4) Before the sentencing hearing and as part of the | 5 | | presentence investigation under Section 5-3-1, the court shall | 6 | | inquire of the defendant whether the defendant is currently | 7 | | serving in or is a veteran of the Armed Forces of the United | 8 | | States.
If the defendant is currently serving in the Armed | 9 | | Forces of the United States or is a veteran of the Armed Forces | 10 | | of the United States and has been diagnosed as having a mental | 11 | | illness by a qualified psychiatrist or clinical psychologist or | 12 | | physician, 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 | 26 | | psychiatrist" means a reputable physician licensed in Illinois |
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| 1 | | to practice medicine in all its branches, who has specialized | 2 | | in the diagnosis and treatment of mental and nervous disorders | 3 | | for a period of not less than 5 years. | 4 | | (c-6) In imposing a sentence, the trial judge shall | 5 | | specify, on the record, the particular evidence and other | 6 | | reasons which led to his or her determination that a motor | 7 | | vehicle was used in the commission of the offense. | 8 | | (d) When the defendant is committed to the Department of
| 9 | | Corrections, the State's Attorney shall and counsel for the | 10 | | defendant
may file a statement with the clerk of the court to | 11 | | be transmitted to
the department, agency or institution to | 12 | | which the defendant is
committed to furnish such department, | 13 | | agency or institution with the
facts and circumstances of the | 14 | | offense for which the person was
committed together with all | 15 | | other factual information accessible to them
in regard to the | 16 | | person prior to his commitment relative to his habits,
| 17 | | associates, disposition and reputation and any other facts and
| 18 | | circumstances which may aid such department, agency or | 19 | | institution
during its custody of such person. The clerk shall | 20 | | within 10 days after
receiving any such statements transmit a | 21 | | copy to such department, agency
or institution and a copy to | 22 | | the other party, provided, however, that
this shall not be | 23 | | cause for delay in conveying the person to the
department, | 24 | | agency or institution to which he has been committed.
| 25 | | (e) The clerk of the court shall transmit to the | 26 | | department,
agency or institution, if any, to which the |
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| 1 | | defendant 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
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| 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 | 4 | | was used in the commission of the offense for which the | 5 | | defendant is being sentenced, the clerk of the court shall, | 6 | | within 5 days thereafter, forward a report of such conviction | 7 | | to 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 | 15 | | or
conditional discharge shall not be imposed for the following | 16 | | offenses.
The court shall sentence the offender to not less | 17 | | than the minimum term
of imprisonment set forth in this Code | 18 | | for the following offenses, and
may order a fine or restitution | 19 | | or 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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
| 24 | | consecutive days or 30 days of community service shall be | 25 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 26 | | the Illinois Vehicle Code.
|
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| 1 | | (4.1) (Blank).
| 2 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 3 | | this subsection (c), a
minimum of
100 hours of community | 4 | | service shall be imposed for a second violation of
Section | 5 | | 6-303
of the Illinois Vehicle Code.
| 6 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 7 | | hours of community
service, as determined by the court, shall
| 8 | | be imposed for a second violation of subsection (c) of Section | 9 | | 6-303 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 | 12 | | 30 days or 300 hours of community service, as
determined by the | 13 | | court, shall
be imposed
for a third or subsequent violation of | 14 | | Section 6-303 of the Illinois Vehicle
Code.
| 15 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 16 | | imposed for a third violation of subsection (c) of
Section | 17 | | 6-303 of the Illinois Vehicle Code.
| 18 | | (4.6) Except as provided in paragraph (4.10) of this | 19 | | subsection (c), a minimum term of imprisonment of 180 days | 20 | | shall be imposed for a
fourth or subsequent violation of | 21 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 22 | | (4.7) A minimum term of imprisonment of not less than 30 | 23 | | consecutive days, or 300 hours of community service, shall be | 24 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 25 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 26 | | that Section.
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| 1 | | (4.8) A mandatory prison sentence shall be imposed for a | 2 | | second violation of subsection (a-5) of Section 6-303 of the | 3 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 4 | | Section. The person's driving privileges shall be revoked for a | 5 | | period of not less than 5 years from the date of his or her | 6 | | release from prison.
| 7 | | (4.9) A mandatory prison sentence of not less than 4 and | 8 | | not more than 15 years shall be imposed for a third violation | 9 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 10 | | Code, as provided in subsection (d-2.5) of that Section. The | 11 | | person's driving privileges shall be revoked for the remainder | 12 | | of his or her life.
| 13 | | (4.10) A mandatory prison sentence for a Class 1 felony | 14 | | shall be imposed, and the person shall be eligible for an | 15 | | extended term sentence, for a fourth or subsequent violation of | 16 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 17 | | as provided in subsection (d-3.5) of that Section. The person's | 18 | | driving privileges shall be revoked for the remainder of his or | 19 | | her life.
| 20 | | (5) The court may sentence a corporation or unincorporated
| 21 | | association 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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| 1 | | except as provided in paragraph (5.2) or (5.3), a person
| 2 | | convicted of violating subsection (c) of Section 11-907 of the | 3 | | Illinois
Vehicle Code shall have his or her driver's license, | 4 | | permit, or privileges
suspended for at least 90 days but not | 5 | | more than one year, if the violation
resulted in damage to the | 6 | | property of another person.
| 7 | | (5.2) In addition to any other penalties imposed, and | 8 | | except as provided in paragraph (5.3), a person convicted
of | 9 | | violating subsection (c) of Section 11-907 of the Illinois | 10 | | Vehicle Code
shall have his or her driver's license, permit, or | 11 | | privileges suspended for at
least 180 days but not more than 2 | 12 | | years, if the violation resulted in injury
to
another person.
| 13 | | (5.3) In addition to any other penalties imposed, a person | 14 | | convicted of violating subsection (c) of Section
11-907 of the | 15 | | Illinois Vehicle Code shall have his or her driver's license,
| 16 | | permit, or privileges suspended for 2 years, if the violation | 17 | | resulted in the
death of another person.
| 18 | | (5.4) In addition to any other penalties imposed, a person | 19 | | convicted of violating Section 3-707 of the Illinois Vehicle | 20 | | Code shall have his or her driver's license, permit, or | 21 | | privileges suspended for 3 months and until he or she has paid | 22 | | a reinstatement fee of $100. | 23 | | (5.5) In addition to any other penalties imposed, a person | 24 | | convicted of violating Section 3-707 of the Illinois Vehicle | 25 | | Code during a period in which his or her driver's license, | 26 | | permit, or privileges were suspended for a previous violation |
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| 1 | | of that Section shall have his or her driver's license, permit, | 2 | | or privileges suspended for an additional 6 months after the | 3 | | expiration of the original 3-month suspension and until he or | 4 | | she 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 | 9 | | of ritualized
abuse of a child may be sentenced to a term of | 10 | | natural life imprisonment.
| 11 | | (10) (Blank).
| 12 | | (11) The court shall impose a minimum fine of $1,000 for a | 13 | | first offense
and $2,000 for a second or subsequent offense | 14 | | upon a person convicted of or
placed on supervision for battery | 15 | | when the individual harmed was a sports
official or coach at | 16 | | any level of competition and the act causing harm to the
sports
| 17 | | official or coach occurred within an athletic facility or | 18 | | within the immediate vicinity
of the athletic facility at which | 19 | | the sports official or coach was an active
participant
of the | 20 | | athletic contest held at the athletic facility. For the | 21 | | purposes of
this paragraph (11), "sports official" means a | 22 | | person at an athletic contest
who enforces the rules of the | 23 | | contest, such as an umpire or referee; "athletic facility" | 24 | | means an indoor or outdoor playing field or recreational area | 25 | | where sports activities are conducted;
and "coach" means a | 26 | | person recognized as a coach by the sanctioning
authority that |
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| 1 | | conducted the sporting event. | 2 | | (12) A person may not receive a disposition of court | 3 | | supervision for a
violation of Section 5-16 of the Boat | 4 | | Registration and Safety Act if that
person has previously | 5 | | received a disposition of court supervision for a
violation of | 6 | | that Section.
| 7 | | (13) A person convicted of or placed on court supervision | 8 | | for an assault or aggravated assault when the victim and the | 9 | | offender are family or household members as defined in Section | 10 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 11 | | of domestic battery or aggravated domestic battery may be | 12 | | required to attend a Partner Abuse Intervention Program under | 13 | | protocols set forth by the Illinois Department of Human | 14 | | Services under such terms and conditions imposed by the court. | 15 | | The costs of such classes shall be paid by the offender.
| 16 | | (d) In any case in which a sentence originally imposed is | 17 | | vacated,
the case shall be remanded to the trial court. The | 18 | | trial court shall
hold a hearing under Section 5-4-1 of the | 19 | | Unified Code of Corrections
which may include evidence of the | 20 | | defendant's life, moral character and
occupation during the | 21 | | time since the original sentence was passed. The
trial court | 22 | | shall then impose sentence upon the defendant. The trial
court | 23 | | may impose any sentence which could have been imposed at the
| 24 | | original trial subject to Section 5-5-4 of the Unified Code of | 25 | | Corrections.
If a sentence is vacated on appeal or on | 26 | | collateral attack due to the
failure of the trier of fact at |
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| 1 | | trial to determine beyond a reasonable doubt
the
existence of a | 2 | | fact (other than a prior conviction) necessary to increase the
| 3 | | punishment for the offense beyond the statutory maximum | 4 | | otherwise applicable,
either the defendant may be re-sentenced | 5 | | to a term within the range otherwise
provided or, if the State | 6 | | files notice of its intention to again seek the
extended | 7 | | sentence, the defendant shall be afforded a new trial.
| 8 | | (e) In cases where prosecution for
aggravated criminal | 9 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 10 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 11 | | of a defendant
who was a family member of the victim at the | 12 | | time of the commission of the
offense, the court shall consider | 13 | | the safety and welfare of the victim and
may impose a sentence | 14 | | of 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; |
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| 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 | 12 | | 5-6-4; except
where the court determines at the hearing that | 13 | | the defendant violated a
condition of his or her probation | 14 | | restricting contact with the victim or
other family members or | 15 | | commits another offense with the victim or other
family | 16 | | members, the court shall revoke the defendant's probation and
| 17 | | impose 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 | 20 | | 11-0.1 of the Criminal Code of
2012.
| 21 | | (f) (Blank).
| 22 | | (g) Whenever a defendant is convicted of an offense under | 23 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 24 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 25 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 26 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
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| 1 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012,
the defendant shall undergo medical | 3 | | testing to
determine whether the defendant has any sexually | 4 | | transmissible disease,
including a test for infection with | 5 | | human immunodeficiency virus (HIV) or
any other identified | 6 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 7 | | Any such medical test shall be performed only by appropriately
| 8 | | licensed medical practitioners and may include an analysis of | 9 | | any bodily
fluids as well as an examination of the defendant's | 10 | | person.
Except as otherwise provided by law, the results of | 11 | | such test shall be kept
strictly confidential by all medical | 12 | | personnel involved in the testing and must
be personally | 13 | | delivered in a sealed envelope to the judge of the court in | 14 | | which
the conviction was entered for the judge's inspection in | 15 | | camera. Acting in
accordance with the best interests of the | 16 | | victim and the public, the judge
shall have the discretion to | 17 | | determine to whom, if anyone, the results of the
testing may be | 18 | | revealed. The court shall notify the defendant
of the test | 19 | | results. The court shall
also notify the victim if requested by | 20 | | the victim, and if the victim is under
the age of 15 and if | 21 | | requested by the victim's parents or legal guardian, the
court | 22 | | shall notify the victim's parents or legal guardian of the test
| 23 | | results.
The court shall provide information on the | 24 | | availability of HIV testing
and counseling at Department of | 25 | | Public Health facilities to all parties to
whom the results of | 26 | | the testing are revealed and shall direct the State's
Attorney |
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| 1 | | to provide the information to the victim when possible.
A | 2 | | State's Attorney may petition the court to obtain the results | 3 | | of any HIV test
administered under this Section, and the court | 4 | | shall grant the disclosure if
the State's Attorney shows it is | 5 | | relevant in order to prosecute a charge of
criminal | 6 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 8 | | defendant. The court shall order that the cost of any such test
| 9 | | shall be paid by the county and may be taxed as costs against | 10 | | the convicted
defendant.
| 11 | | (g-5) When an inmate is tested for an airborne communicable | 12 | | disease, as
determined by the Illinois Department of Public | 13 | | Health including but not
limited to tuberculosis, the results | 14 | | of the test shall be
personally delivered by the warden or his | 15 | | or her designee in a sealed envelope
to the judge of the court | 16 | | in which the inmate must appear for the judge's
inspection in | 17 | | camera if requested by the judge. Acting in accordance with the
| 18 | | best interests of those in the courtroom, the judge shall have | 19 | | the discretion
to determine what if any precautions need to be | 20 | | taken to prevent transmission
of the disease in the courtroom.
| 21 | | (h) Whenever a defendant is convicted of an offense under | 22 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 23 | | defendant shall undergo
medical testing to determine whether | 24 | | the defendant has been exposed to human
immunodeficiency virus | 25 | | (HIV) or any other identified causative agent of
acquired | 26 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
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| 1 | | by
law, the results of such test shall be kept strictly | 2 | | confidential by all
medical personnel involved in the testing | 3 | | and must be personally delivered in a
sealed envelope to the | 4 | | judge of the court in which the conviction was entered
for the | 5 | | judge's inspection in camera. Acting in accordance with the | 6 | | best
interests of the public, the judge shall have the | 7 | | discretion to determine to
whom, if anyone, the results of the | 8 | | testing may be revealed. The court shall
notify the defendant | 9 | | of a positive test showing an infection with the human
| 10 | | immunodeficiency virus (HIV). The court shall provide | 11 | | information on the
availability of HIV testing and counseling | 12 | | at Department of Public Health
facilities to all parties to | 13 | | whom the results of the testing are revealed and
shall direct | 14 | | the State's Attorney to provide the information to the victim | 15 | | when
possible. A State's Attorney may petition the court to | 16 | | obtain the results of
any HIV test administered under this | 17 | | Section, and the court shall grant the
disclosure if the | 18 | | State's Attorney shows it is relevant in order to prosecute a
| 19 | | charge of criminal transmission of HIV under Section 12-5.01 or | 20 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 21 | | 2012 against the defendant. The court shall order that the cost | 22 | | of any
such test shall be paid by the county and may be taxed as | 23 | | costs against the
convicted defendant.
| 24 | | (i) All fines and penalties imposed under this Section for | 25 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 26 | | Vehicle Code, or a similar
provision of a local ordinance, and |
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| 1 | | any violation
of the Child Passenger Protection Act, or a | 2 | | similar provision of a local
ordinance, shall be collected and | 3 | | disbursed by the circuit
clerk as provided under Section 27.5 | 4 | | of the Clerks of Courts Act.
| 5 | | (j) In cases when prosecution for any violation of Section | 6 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 7 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 8 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 9 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 10 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 11 | | Code of 2012, any violation of the Illinois Controlled | 12 | | Substances Act,
any violation of the Cannabis Control Act, or | 13 | | any violation of the Methamphetamine Control and Community | 14 | | Protection Act results in conviction, a
disposition of court | 15 | | supervision, or an order of probation granted under
Section 10 | 16 | | of the Cannabis Control Act, Section 410 of the Illinois
| 17 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 18 | | Control and Community Protection Act of a defendant, the court | 19 | | shall determine whether the
defendant is employed by a facility | 20 | | or center as defined under the Child Care
Act of 1969, a public | 21 | | or private elementary or secondary school, or otherwise
works | 22 | | with children under 18 years of age on a daily basis. When a | 23 | | defendant
is so employed, the court shall order the Clerk of | 24 | | the Court to send a copy of
the judgment of conviction or order | 25 | | of supervision or probation to the
defendant's employer by | 26 | | certified mail.
If the employer of the defendant is a school, |
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| 1 | | the Clerk of the Court shall
direct the mailing of a copy of | 2 | | the judgment of conviction or order of
supervision or probation | 3 | | to the appropriate regional superintendent of schools.
The | 4 | | regional superintendent of schools shall notify the State Board | 5 | | of
Education of any notification under this subsection.
| 6 | | (j-5) A defendant at least 17 years of age who is convicted | 7 | | of a felony and
who has not been previously convicted of a | 8 | | misdemeanor or felony and who is
sentenced to a term of | 9 | | imprisonment in the Illinois Department of Corrections
shall as | 10 | | a condition of his or her sentence be required by the court to | 11 | | attend
educational courses designed to prepare the defendant | 12 | | for a high school diploma
and to work toward a high school | 13 | | diploma or to work toward passing high school equivalency | 14 | | testing or to work toward
completing a vocational training | 15 | | program offered by the Department of
Corrections. If a | 16 | | defendant fails to complete the educational training
required | 17 | | by his or her sentence during the term of incarceration, the | 18 | | Prisoner
Review Board shall, as a condition of mandatory | 19 | | supervised release, require the
defendant, at his or her own | 20 | | expense, to pursue a course of study toward a high
school | 21 | | diploma or passage of high school equivalency testing. The | 22 | | Prisoner Review Board shall
revoke the mandatory supervised | 23 | | release of a defendant who wilfully fails to
comply with this | 24 | | subsection (j-5) upon his or her release from confinement in a
| 25 | | penal institution while serving a mandatory supervised release | 26 | | term; however,
the inability of the defendant after making a |
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| 1 | | good faith effort to obtain
financial aid or pay for the | 2 | | educational training shall not be deemed a wilful
failure to | 3 | | comply. The Prisoner Review Board shall recommit the defendant
| 4 | | whose mandatory supervised release term has been revoked under | 5 | | this subsection
(j-5) as provided in Section 3-3-9. This | 6 | | subsection (j-5) does not apply to a
defendant who has a high | 7 | | school diploma or has successfully passed high school | 8 | | equivalency testing. This subsection (j-5) does not apply to a | 9 | | defendant who is determined by
the court to be a person with a | 10 | | developmental disability or otherwise mentally incapable of
| 11 | | completing 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 | 15 | | Immigration and Nationality Act, is convicted
of any felony or | 16 | | misdemeanor offense, the court after sentencing the defendant
| 17 | | may, upon motion of the State's Attorney, hold sentence in | 18 | | abeyance and remand
the defendant to the custody of the | 19 | | Attorney General of
the United States or his or her designated | 20 | | agent 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 | 2 | | this Chapter V.
| 3 | | (B) If the defendant has already been sentenced for a | 4 | | felony or
misdemeanor
offense, or has been placed on probation | 5 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 6 | | the Illinois Controlled Substances Act, or Section 70 of the | 7 | | Methamphetamine Control and Community Protection Act, the | 8 | | court
may, upon motion of the State's Attorney to suspend the
| 9 | | sentence imposed, commit the defendant to the custody of the | 10 | | Attorney General
of the United States or his or her designated | 11 | | agent 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 | 19 | | subject to the
provisions of paragraph (2) of subsection (a) of | 20 | | Section 3-6-3.
| 21 | | (D) Upon motion of the State's Attorney, if a defendant | 22 | | sentenced under
this Section returns to the jurisdiction of the | 23 | | United States, the defendant
shall be recommitted to the | 24 | | custody of the county from which he or she was
sentenced.
| 25 | | Thereafter, the defendant shall be brought before the | 26 | | sentencing court, which
may impose any sentence that was |
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| 1 | | available under Section 5-5-3 at the time of
initial | 2 | | sentencing. In addition, the defendant shall not be eligible | 3 | | for
additional earned sentence credit for good conduct as | 4 | | provided under
Section 3-6-3.
| 5 | | (m) A person convicted of criminal defacement of property | 6 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012, in which the property damage exceeds | 8 | | $300
and the property damaged is a school building, shall be | 9 | | ordered to perform
community service that may include cleanup, | 10 | | removal, or painting over the
defacement.
| 11 | | (n) The court may sentence a person convicted of a | 12 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 13 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 14 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 15 | | incarceration program if the person is otherwise eligible for | 16 | | that program
under Section 5-8-1.1, (ii) to community service, | 17 | | or (iii) if the person is an
addict or alcoholic, as defined in | 18 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 19 | | substance or alcohol abuse program licensed under that
Act. | 20 | | (o) Whenever a person is convicted of a sex offense as | 21 | | defined in Section 2 of the Sex Offender Registration Act, the | 22 | | defendant's driver's license or permit shall be subject to | 23 | | renewal on an annual basis in accordance with the provisions of | 24 | | license renewal established by the Secretary of State.
| 25 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; | 26 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)".
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