Full Text of HB2515 100th General Assembly
HB2515ham004 100TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 4/27/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2515
| 2 | | AMENDMENT NO. ______. Amend House Bill 2515, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unified Code of Corrections is amended by | 6 | | changing Sections 3-3-1, 3-3-2, 5-4.5-20, 5-4.5-25, 5-4.5-30, | 7 | | and 5-8-1 and by adding Section 5-4.5-110 as follows:
| 8 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 9 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 10 | | Review Board.
| 11 | | (a) There shall be a Prisoner Review Board independent of | 12 | | the Department
which shall be:
| 13 | | (1) the paroling authority for persons sentenced under | 14 | | the
law in effect prior to the effective date of this | 15 | | amendatory
Act of 1977;
| 16 | | (1.2) the paroling authority for persons eligible for |
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| 1 | | parole review under Section 5-4.5-110; | 2 | | (1.5) (blank); | 3 | | (2) the board of review for cases involving the | 4 | | revocation
of sentence credits or a suspension or reduction | 5 | | in the
rate of accumulating the credit;
| 6 | | (3) the board of review and recommendation for the | 7 | | exercise
of executive clemency by the Governor;
| 8 | | (4) the authority for establishing release dates for
| 9 | | certain prisoners sentenced under the law in existence | 10 | | prior
to the effective date of this amendatory Act of 1977, | 11 | | in
accordance with Section 3-3-2.1 of this Code;
| 12 | | (5) the authority for setting conditions for parole and
| 13 | | mandatory supervised release under Section 5-8-1(a) of | 14 | | this
Code, and determining whether a violation of those | 15 | | conditions
warrant revocation of parole or mandatory | 16 | | supervised release
or the imposition of other sanctions; | 17 | | and | 18 | | (6) the authority for determining whether a violation | 19 | | of aftercare release conditions warrant revocation of | 20 | | aftercare release.
| 21 | | (b) The Board shall consist of 15 persons appointed by
the | 22 | | Governor by and with the advice and consent of the Senate.
One | 23 | | member of the Board shall be designated by the Governor
to be | 24 | | Chairman and shall serve as Chairman at the pleasure of
the | 25 | | Governor. The members of the Board shall have had at
least 5 | 26 | | years of actual experience in the fields of penology,
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| 1 | | corrections work, law enforcement, sociology, law, education,
| 2 | | social work, medicine, psychology, other behavioral sciences,
| 3 | | or a combination thereof. At least 6 members so appointed
must | 4 | | have had at least 3 years experience in the field of
juvenile | 5 | | matters. No more than 8 Board members may be members
of the | 6 | | same political party.
| 7 | | Each member of the Board shall serve on a full-time basis
| 8 | | and shall not hold any other salaried public office, whether | 9 | | elective or
appointive, nor any other office or position of | 10 | | profit, nor engage in any
other business, employment, or | 11 | | vocation. The Chairman of the Board shall
receive $35,000 a | 12 | | year, or an amount set by the Compensation Review Board,
| 13 | | whichever is greater, and each other member $30,000, or an | 14 | | amount set by the
Compensation Review Board, whichever is | 15 | | greater.
| 16 | | (c) Notwithstanding any other provision of this Section,
| 17 | | the term of each member of the Board
who was appointed by the | 18 | | Governor and is in office on June 30, 2003 shall
terminate at | 19 | | the close of business on that date or when all of the successor
| 20 | | members to be appointed pursuant to this amendatory Act of the | 21 | | 93rd General
Assembly have been appointed by the Governor, | 22 | | whichever occurs later. As soon
as possible, the Governor shall | 23 | | appoint persons to fill the vacancies created
by this | 24 | | amendatory Act.
| 25 | | Of the initial members appointed under this amendatory Act | 26 | | of the 93rd
General Assembly, the Governor shall appoint 5 |
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| 1 | | members whose terms shall expire
on the third Monday
in January | 2 | | 2005, 5 members whose terms shall expire on the
third Monday in | 3 | | January 2007, and 5 members whose terms
shall expire on the | 4 | | third Monday in January 2009. Their respective successors
shall | 5 | | be appointed for terms of 6 years from the third Monday
in | 6 | | January of the year of appointment. Each member shall
serve | 7 | | until his or her successor is appointed and qualified.
| 8 | | Any member may be removed by the Governor for incompetence, | 9 | | neglect of duty,
malfeasance or inability to serve.
| 10 | | (d) The Chairman of the Board shall be its chief executive | 11 | | and
administrative officer. The Board may have an Executive | 12 | | Director; if so,
the Executive Director shall be appointed by | 13 | | the Governor with the advice and
consent of the Senate. The | 14 | | salary and duties of the Executive Director shall
be fixed by | 15 | | the Board.
| 16 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 17 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 18 | | Sec. 3-3-2. Powers and duties.
| 19 | | (a) The Parole and Pardon Board is abolished and the term | 20 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 21 | | read "Prisoner Review
Board." After the effective date of this | 22 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 23 | | by rule for the orderly transition of
all files, records, and | 24 | | documents of the Parole and Pardon Board and for
such other | 25 | | steps as may be necessary to effect an orderly transition and |
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| 1 | | shall:
| 2 | | (1) hear by at least one member and through a panel of | 3 | | at least 3 members
decide, cases of prisoners
who were | 4 | | sentenced under the law in effect prior to the effective
| 5 | | date of this amendatory Act of 1977, and who are eligible | 6 | | for parole;
| 7 | | (2) hear by at least one member and through a panel of | 8 | | at least 3 members decide, the conditions of
parole and the | 9 | | time of discharge from parole, impose sanctions for
| 10 | | violations of parole, and revoke
parole for those sentenced | 11 | | under the law in effect prior to this amendatory
Act of | 12 | | 1977; provided that the decision to parole and the | 13 | | conditions of
parole for all prisoners who were sentenced | 14 | | for first degree murder or who
received a minimum sentence | 15 | | of 20 years or more under the law in effect
prior to | 16 | | February 1, 1978 shall be determined by a majority vote of | 17 | | the
Prisoner Review Board. One representative supporting | 18 | | parole and one representative opposing parole will be | 19 | | allowed to speak. Their comments shall be limited to making | 20 | | corrections and filling in omissions to the Board's | 21 | | presentation and discussion;
| 22 | | (3) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions
of mandatory | 24 | | supervised release and the time of discharge from mandatory
| 25 | | supervised release, impose sanctions for violations of | 26 | | mandatory
supervised release, and revoke mandatory |
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| 1 | | supervised release for those
sentenced under the law in | 2 | | effect after the effective date of this
amendatory Act of | 3 | | 1977;
| 4 | | (3.5) hear by at least one member and through a panel | 5 | | of at least 3 members decide, the conditions of mandatory | 6 | | supervised release and the time of discharge from mandatory | 7 | | supervised release, to impose sanctions for violations of | 8 | | mandatory supervised release and revoke mandatory | 9 | | supervised release for those serving extended supervised | 10 | | release terms pursuant to paragraph (4) of subsection (d) | 11 | | of Section 5-8-1;
| 12 | | (3.6) hear by at least one member and through a panel | 13 | | of at least 3 members decide whether to revoke aftercare | 14 | | release for those committed to the Department of Juvenile | 15 | | Justice under the Juvenile Court Act of 1987; | 16 | | (4) hear by at least one member and through a panel of | 17 | | at least 3
members,
decide cases brought by the Department | 18 | | of Corrections against a prisoner in
the custody of the | 19 | | Department for alleged violation of Department rules
with | 20 | | respect to sentence credits under Section 3-6-3 of this | 21 | | Code
in which the Department seeks to revoke sentence | 22 | | credits, if the amount
of time at issue exceeds 30 days or | 23 | | when, during any 12 month period, the
cumulative amount of | 24 | | credit revoked exceeds 30 days except where the
infraction | 25 | | is committed or discovered within 60 days of scheduled | 26 | | release.
In such cases, the Department of Corrections may |
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| 1 | | revoke up to 30 days of
sentence credit. The Board may | 2 | | subsequently approve the revocation of
additional sentence | 3 | | credit, if the Department seeks to revoke sentence credit | 4 | | in excess of thirty days. However, the Board shall not be
| 5 | | empowered to review the Department's decision with respect | 6 | | to the loss of
30 days of sentence credit for any prisoner | 7 | | or to increase any penalty
beyond the length requested by | 8 | | the Department;
| 9 | | (5) hear by at least one member and through a panel of | 10 | | at least 3
members decide, the
release dates for certain | 11 | | prisoners sentenced under the law in existence
prior to the | 12 | | effective date of this amendatory Act of 1977, in
| 13 | | accordance with Section 3-3-2.1 of this Code;
| 14 | | (6) hear by at least one member and through a panel of | 15 | | at least 3 members
decide, all requests for pardon, | 16 | | reprieve or commutation, and make confidential
| 17 | | recommendations to the Governor;
| 18 | | (6.5) hear, by at least one member who is qualified in | 19 | | the field of juvenile matters parole review cases in | 20 | | accordance with Section 5-4.5-110 of this Code, and through | 21 | | a panel of at least 3 members who are qualified in the | 22 | | field of juvenile matters, make release determinations of | 23 | | persons under the age of 21 at the time of the commission | 24 | | of an offense or offenses; | 25 | | (7) comply with the requirements of the Open Parole | 26 | | Hearings Act;
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| 1 | | (8) hear by at least one member and, through a panel of | 2 | | at least 3
members, decide cases brought by the Department | 3 | | of Corrections against a
prisoner in the custody of the | 4 | | Department for court dismissal of a frivolous
lawsuit | 5 | | pursuant to Section 3-6-3(d) of this Code in which the | 6 | | Department seeks
to revoke up to 180 days of sentence | 7 | | credit, and if the prisoner has not
accumulated 180 days of | 8 | | sentence credit at the time of the dismissal, then
all | 9 | | sentence credit accumulated by the prisoner shall be | 10 | | revoked;
| 11 | | (9) hear by at least 3 members, and, through a panel of | 12 | | at least 3
members, decide whether to grant certificates of | 13 | | relief from
disabilities or certificates of good conduct as | 14 | | provided in Article 5.5 of
Chapter V; | 15 | | (10) upon a petition by a person who has been convicted | 16 | | of a Class 3 or Class 4 felony and who meets the | 17 | | requirements of this paragraph, hear by at least 3 members | 18 | | and, with the unanimous vote of a panel of 3 members, issue | 19 | | a certificate of eligibility for sealing recommending that | 20 | | the court order the sealing of all official
records of the | 21 | | arresting authority, the circuit court clerk, and the | 22 | | Department of State Police concerning the arrest and | 23 | | conviction for the Class 3 or 4 felony. A person may not | 24 | | apply to the Board for a certificate of eligibility for | 25 | | sealing: | 26 | | (A) until 5 years have elapsed since the expiration |
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| 1 | | of his or her sentence; | 2 | | (B) until 5 years have elapsed since any arrests or | 3 | | detentions by a law enforcement officer for an alleged | 4 | | violation of law, other than a petty offense, traffic | 5 | | offense, conservation offense, or local ordinance | 6 | | offense; | 7 | | (C) if convicted of a violation of the Cannabis | 8 | | Control Act, Illinois Controlled Substances Act, the | 9 | | Methamphetamine Control and Community Protection Act, | 10 | | the Methamphetamine Precursor Control Act, or the | 11 | | Methamphetamine Precursor Tracking Act unless the | 12 | | petitioner has completed a drug abuse program for the | 13 | | offense on which sealing is sought and provides proof | 14 | | that he or she has completed the program successfully; | 15 | | (D) if convicted of: | 16 | | (i) a sex offense described in Article 11 or | 17 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 18 | | the Criminal Code of 1961 or the Criminal Code of | 19 | | 2012; | 20 | | (ii) aggravated assault; | 21 | | (iii) aggravated battery; | 22 | | (iv) domestic battery; | 23 | | (v) aggravated domestic battery; | 24 | | (vi) violation of an order of protection; | 25 | | (vii) an offense under the Criminal Code of | 26 | | 1961 or the Criminal Code of 2012 involving a |
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| 1 | | firearm; | 2 | | (viii) driving while under the influence of | 3 | | alcohol, other drug or drugs, intoxicating | 4 | | compound or compounds or any combination thereof; | 5 | | (ix) aggravated driving while under the | 6 | | influence of alcohol, other drug or drugs, | 7 | | intoxicating compound or compounds or any | 8 | | combination thereof; or | 9 | | (x) any crime defined as a crime of violence | 10 | | under Section 2 of the Crime Victims Compensation | 11 | | Act. | 12 | | If a person has applied to the Board for a certificate | 13 | | of eligibility for sealing and the Board denies the | 14 | | certificate, the person must wait at least 4 years before | 15 | | filing again or filing for pardon from the Governor unless | 16 | | the Chairman of the Prisoner Review Board grants a waiver. | 17 | | The decision to issue or refrain from issuing a | 18 | | certificate of eligibility for sealing shall be at the | 19 | | Board's sole discretion, and shall not give rise to any | 20 | | cause of action against either the Board or its members. | 21 | | The Board may only authorize the sealing of Class 3 and | 22 | | 4 felony convictions of the petitioner from one information | 23 | | or indictment under this paragraph (10). A petitioner may | 24 | | only receive one certificate of eligibility for sealing | 25 | | under this provision for life; and
| 26 | | (11) upon a petition by a person who after having been |
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| 1 | | convicted of a Class 3 or Class 4 felony thereafter served | 2 | | in the United States Armed Forces or National Guard of this | 3 | | or any other state and had received an honorable discharge | 4 | | from the United States Armed Forces or National Guard or | 5 | | who at the time of filing the petition is enlisted in the | 6 | | United States Armed Forces or National Guard of this or any | 7 | | other state and served one tour of duty and who meets the | 8 | | requirements of this paragraph, hear by at least 3 members | 9 | | and, with the unanimous vote of a panel of 3 members, issue | 10 | | a certificate of eligibility for expungement recommending | 11 | | that the court order the expungement of all official
| 12 | | records of the arresting authority, the circuit court | 13 | | clerk, and the Department of State Police concerning the | 14 | | arrest and conviction for the Class 3 or 4 felony. A person | 15 | | may not apply to the Board for a certificate of eligibility | 16 | | for expungement: | 17 | | (A) if convicted of: | 18 | | (i) a sex offense described in Article 11 or | 19 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 20 | | the Criminal Code of 1961 or Criminal Code of 2012; | 21 | | (ii) an offense under the Criminal Code of 1961 | 22 | | or Criminal Code of 2012 involving a firearm; or | 23 | | (iii) a crime of violence as defined in Section | 24 | | 2 of the Crime Victims Compensation Act; or | 25 | | (B) if the person has not served in the United | 26 | | States Armed Forces or National Guard of this or any |
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| 1 | | other state or has not received an honorable discharge | 2 | | from the United States Armed Forces or National Guard | 3 | | of this or any other state or who at the time of the | 4 | | filing of the petition is serving in the United States | 5 | | Armed Forces or National Guard of this or any other | 6 | | state and has not completed one tour of duty. | 7 | | If a person has applied to the Board for a certificate | 8 | | of eligibility for expungement and the Board denies the | 9 | | certificate, the person must wait at least 4 years before | 10 | | filing again or filing for a pardon with authorization for | 11 | | expungement from the Governor unless the Governor or | 12 | | Chairman of the Prisoner Review Board grants a waiver. | 13 | | (a-5) The Prisoner Review Board, with the cooperation of | 14 | | and in
coordination with the Department of Corrections and the | 15 | | Department of Central
Management Services, shall implement a | 16 | | pilot project in 3 correctional
institutions providing for the | 17 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 18 | | (a) of this Section through interactive video conferences.
The
| 19 | | project shall be implemented within 6 months after the | 20 | | effective date of this
amendatory Act of 1996. Within 6 months | 21 | | after the implementation of the pilot
project, the Prisoner | 22 | | Review Board, with the cooperation of and in coordination
with | 23 | | the Department of Corrections and the Department of Central | 24 | | Management
Services, shall report to the Governor and the | 25 | | General Assembly regarding the
use, costs, effectiveness, and | 26 | | future viability of interactive video
conferences for Prisoner |
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| 1 | | Review Board hearings.
| 2 | | (b) Upon recommendation of the Department the Board may | 3 | | restore sentence credit previously revoked.
| 4 | | (c) The Board shall cooperate with the Department in | 5 | | promoting an
effective system of parole and mandatory | 6 | | supervised release.
| 7 | | (d) The Board shall promulgate rules for the conduct of its | 8 | | work,
and the Chairman shall file a copy of such rules and any | 9 | | amendments
thereto with the Director and with the Secretary of | 10 | | State.
| 11 | | (e) The Board shall keep records of all of its official | 12 | | actions and
shall make them accessible in accordance with law | 13 | | and the rules of the
Board.
| 14 | | (f) The Board or one who has allegedly violated the | 15 | | conditions of
his or her parole, aftercare release, or | 16 | | mandatory supervised release may require by subpoena the
| 17 | | attendance and testimony of witnesses and the production of | 18 | | documentary
evidence relating to any matter under | 19 | | investigation or hearing. The
Chairman of the Board may sign | 20 | | subpoenas which shall be served by any
agent or public official | 21 | | authorized by the Chairman of the Board, or by
any person | 22 | | lawfully authorized to serve a subpoena under the laws of the
| 23 | | State of Illinois. The attendance of witnesses, and the | 24 | | production of
documentary evidence, may be required from any | 25 | | place in the State to a
hearing location in the State before | 26 | | the Chairman of the Board or his or her
designated agent or |
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| 1 | | agents or any duly constituted Committee or
Subcommittee of the | 2 | | Board. Witnesses so summoned shall be paid the same
fees and | 3 | | mileage that are paid witnesses in the circuit courts of the
| 4 | | State, and witnesses whose depositions are taken and the | 5 | | persons taking
those depositions are each entitled to the same | 6 | | fees as are paid for
like services in actions in the circuit | 7 | | courts of the State. Fees and
mileage shall be vouchered for | 8 | | payment when the witness is discharged
from further attendance.
| 9 | | In case of disobedience to a subpoena, the Board may | 10 | | petition any
circuit court of the State for an order requiring | 11 | | the attendance and
testimony of witnesses or the production of | 12 | | documentary evidence or
both. A copy of such petition shall be | 13 | | served by personal service or by
registered or certified mail | 14 | | upon the person who has failed to obey the
subpoena, and such | 15 | | person shall be advised in writing that a hearing
upon the | 16 | | petition will be requested in a court room to be designated in
| 17 | | such notice before the judge hearing motions or extraordinary | 18 | | remedies
at a specified time, on a specified date, not less | 19 | | than 10 nor more than
15 days after the deposit of the copy of | 20 | | the written notice and petition
in the U.S. mails addressed to | 21 | | the person at his last known address or
after the personal | 22 | | service of the copy of the notice and petition upon
such | 23 | | person. The court upon the filing of such a petition, may order | 24 | | the
person refusing to obey the subpoena to appear at an | 25 | | investigation or
hearing, or to there produce documentary | 26 | | evidence, if so ordered, or to
give evidence relative to the |
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| 1 | | subject matter of that investigation or
hearing. Any failure to | 2 | | obey such order of the circuit court may be
punished by that | 3 | | court as a contempt of court.
| 4 | | Each member of the Board and any hearing officer designated | 5 | | by the
Board shall have the power to administer oaths and to | 6 | | take the testimony
of persons under oath.
| 7 | | (g) Except under subsection (a) of this Section, a majority | 8 | | of the
members then appointed to the Prisoner Review Board | 9 | | shall constitute a
quorum for the transaction of all business | 10 | | of the Board.
| 11 | | (h) The Prisoner Review Board shall annually transmit to | 12 | | the
Director a detailed report of its work for the preceding | 13 | | calendar year.
The annual report shall also be transmitted to | 14 | | the Governor for
submission to the Legislature.
| 15 | | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | 16 | | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| 17 | | (730 ILCS 5/5-4.5-20) | 18 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 19 | | degree murder: | 20 | | (a) TERM. The defendant shall be sentenced to imprisonment | 21 | | or, if appropriate, death under Section 9-1 of the Criminal | 22 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 23 | | Imprisonment shall be for a determinate term , subject to | 24 | | Section 5-4.5-110 of this Code, of (1) not less than 20 years | 25 | | and not more than 60 years; (2) not less than 60 years and not |
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| 1 | | more than 100 years when an extended term is imposed under | 2 | | Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | 3 | | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 4 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 5 | | shall not be imposed.
| 6 | | (c) IMPACT INCARCERATION. The impact incarceration program | 7 | | or the county impact incarceration program is not an authorized | 8 | | disposition.
| 9 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 10 | | probation or conditional discharge shall not be imposed.
| 11 | | (e) FINE. Fines may be imposed as provided in Section | 12 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 13 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 14 | | concerning restitution.
| 15 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 16 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 17 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 18 | | (h) DRUG COURT. Drug court is not an authorized | 19 | | disposition.
| 20 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 21 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 22 | | detention prior to judgment.
| 23 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 24 | | for rules and regulations for sentence credit.
| 25 | | (k) ELECTRONIC HOME DETENTION. Electronic home detention | 26 | | is not an authorized disposition, except in limited |
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| 1 | | circumstances as provided in Section 5-8A-3 (730 ILCS | 2 | | 5/5-8A-3).
| 3 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 4 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 5 | | mandatory supervised release term shall be 3 years upon release | 6 | | from imprisonment.
| 7 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.) | 8 | | (730 ILCS 5/5-4.5-25) | 9 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 10 | | felony: | 11 | | (a) TERM. The sentence of imprisonment shall be a | 12 | | determinate sentence , subject to Section 5-4.5-110 of this | 13 | | Code, of not less than 6 years and not more than 30 years. The | 14 | | sentence of imprisonment for an extended term Class X felony, | 15 | | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | 16 | | Section 5-4.5-110 of this Code, shall be not less than 30 years | 17 | | and not more than 60 years.
| 18 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 19 | | shall not be imposed.
| 20 | | (c) IMPACT INCARCERATION. The impact incarceration program | 21 | | or the county impact incarceration program is not an authorized | 22 | | disposition.
| 23 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 24 | | probation or conditional discharge shall not be imposed.
| 25 | | (e) FINE. Fines may be imposed as provided in Section |
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| 1 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 2 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 3 | | concerning restitution.
| 4 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 5 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 6 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 7 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 8 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 9 | | program.
| 10 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 11 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 12 | | detention prior to judgment.
| 13 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 14 | | for rules and regulations for sentence credit.
| 15 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | 16 | | 5/5-8A-3) concerning eligibility for electronic home | 17 | | detention.
| 18 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 19 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 20 | | 5/5-8-1), the parole or mandatory supervised release term shall | 21 | | be 3 years upon release from imprisonment.
| 22 | | (Source: P.A. 97-697, eff. 6-22-12.) | 23 | | (730 ILCS 5/5-4.5-30) | 24 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 25 | | felony: |
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| 1 | | (a) TERM. The sentence of imprisonment, other than for | 2 | | second degree murder, shall be a determinate sentence of not | 3 | | less than 4 years and not more than 15 years , subject to | 4 | | Section 5-4.5-110 of this Code . The sentence of imprisonment | 5 | | for second degree murder shall be a determinate sentence of not | 6 | | less than 4 years and not more than 20 years , subject to | 7 | | Section 5-4.5-110 of this Code . The sentence of imprisonment | 8 | | for an extended term Class 1 felony, as provided in Section | 9 | | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this | 10 | | Code, shall be a term not less than 15 years and not more than | 11 | | 30 years.
| 12 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 13 | | imprisonment shall be for a definite term of from 3 to 4 years, | 14 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 15 | | ILCS 5/5-5-3 or 5/5-7-1).
| 16 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 17 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 18 | | the impact incarceration program or the county impact | 19 | | incarceration program.
| 20 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 21 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 22 | | period of probation or conditional discharge shall not exceed 4 | 23 | | years. The court shall specify the conditions of probation or | 24 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 25 | | 5/5-6-3). In no case shall an offender be eligible for a | 26 | | disposition of probation or conditional discharge for a Class 1 |
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| 1 | | felony committed while he or she was serving a term of | 2 | | probation or conditional discharge for a felony.
| 3 | | (e) FINE. Fines may be imposed as provided in Section | 4 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 5 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 6 | | concerning restitution.
| 7 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 8 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 9 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 10 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 11 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 12 | | program.
| 13 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 14 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 15 | | detention prior to judgment.
| 16 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 17 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 18 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 19 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | 20 | | 5/5-8A-3) concerning eligibility for electronic home | 21 | | detention.
| 22 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 23 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 24 | | 5/5-8-1), the parole or mandatory supervised release term shall | 25 | | be 2 years upon release from imprisonment.
| 26 | | (Source: P.A. 97-697, eff. 6-22-12.) |
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| 1 | | (730 ILCS 5/5-4.5-110 new) | 2 | | Sec. 5-4.5-110. Parole review of persons under the age of | 3 | | 21 at the time of the commission of an offense. | 4 | | (a) A person under 21 years of age at the time of the | 5 | | commission of an offense or offenses, other than first degree | 6 | | murder, and who is not serving a sentence for first degree | 7 | | murder, shall be eligible for parole review by the Prisoner | 8 | | Review Board after serving 10 years or more of his or her | 9 | | sentence, except for those serving a sentence or sentences for: | 10 | | (1) aggravated criminal sexual assault who shall be eligible | 11 | | for parole review by the Prisoner Review Board after serving 20 | 12 | | years or more of his or her sentence or (2) predatory criminal | 13 | | sexual assault of a child who shall not be eligible for parole | 14 | | review by the Prisoner Review Board under this Section. A | 15 | | person under 21 years of age at the time of the commission of | 16 | | first degree murder shall be eligible for parole review by the | 17 | | Prisoner Review Board after serving
20 years or more of his or | 18 | | her sentence, except for those subject to a term of natural | 19 | | life imprisonment under Section 5-8-1 of this Code or any | 20 | | person subject to sentencing under subsection (c) of Section | 21 | | 5-4.5-105 of this Code. | 22 | | (b) Three years prior to becoming eligible for parole | 23 | | review, the eligible person may file his or her petition for | 24 | | parole review with the Prisoner Review Board.
The petition | 25 | | shall include a copy of the order of commitment and sentence to |
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| 1 | | the Department of Corrections for the offense or offenses for | 2 | | which review is sought. Within 30 days of receipt of this | 3 | | petition, the Prisoner Review Board shall determine whether the | 4 | | petition is appropriately filed, and if so, shall set a date | 5 | | for parole review 3 years from receipt of the petition and | 6 | | notify the Department of Corrections within 10 business days. | 7 | | If the Prisoner Review Board determines that the petition is | 8 | | not appropriately filed, it shall notify the petitioner in | 9 | | writing, including a basis for its determination, and the | 10 | | determination is considered final and eligible for review under | 11 | | subsection (k) of this Section. | 12 | | (c) Within 6 months of the Prisoner Review Board's | 13 | | determination that the petition was appropriately filed, a | 14 | | representative from the Department of Corrections shall meet | 15 | | with the eligible person and
provide the inmate information | 16 | | about the parole hearing process, legal factors relevant to his | 17 | | or her suitability or unsuitability for parole, and | 18 | | personalized recommendations for the inmate regarding his or | 19 | | her work assignments, rehabilitative programs, and | 20 | | institutional behavior. Following this meeting, the eligible | 21 | | person has 7 calendar days to file a written request to the | 22 | | representative from the Department of Corrections who met with | 23 | | the eligible person of any additional programs and services | 24 | | which the eligible person believes should be made available to | 25 | | prepare the eligible person for return to the community. | 26 | | (d) One year prior to the person being eligible for parole, |
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| 1 | | counsel shall be appointed by the Prisoner Review Board upon a | 2 | | finding of indigency. The eligible person may waive appointed | 3 | | counsel or retain his or her own counsel at his or her own | 4 | | expense. | 5 | | (e) Nine months prior to the hearing, the Prisoner Review | 6 | | Board shall provide the eligible person, and his or her | 7 | | counsel, any written documents or materials it will be | 8 | | considering in making its decision unless the written documents | 9 | | or materials are specifically found to: (1) include information | 10 | | which, if disclosed, would damage the therapeutic relationship | 11 | | between the inmate and a mental health professional; (2) | 12 | | subject any person to the actual risk of physical harm; (3) | 13 | | threaten the safety or security of the Department or an | 14 | | institution. Disclosure of victim impact statements shall be | 15 | | governed by Section 35 of the Open Parole Hearings Act. The | 16 | | Prisoner Review Board shall have an ongoing duty to provide the | 17 | | eligible person, and his or her counsel, with any further | 18 | | documents or materials that come into its possession prior to | 19 | | the hearing subject to the limitations contained in this | 20 | | subsection. | 21 | | (f) Not less than 6 months prior to the hearing, the | 22 | | Prisoner Review Board shall provide notification to the State's | 23 | | Attorney of the county from which the person was committed and | 24 | | to the victim or family of the victim of the scheduled hearing | 25 | | place, date, and approximate time. If the Board does not have | 26 | | knowledge of the current address of the victim or family of the |
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| 1 | | victim, it shall notify the State's Attorney of the county of | 2 | | commitment and request assistance in locating the victim or | 3 | | family of the victim. Those victims or family of the victims | 4 | | who advise the Board in writing that they no longer wish to be | 5 | | notified shall not receive future notices. Any victim impact | 6 | | statements shall be governed by Section 35 of the Open Parole | 7 | | Hearings Act. | 8 | | (g) The hearing conducted by the Prisoner Review Board | 9 | | shall be governed by the Open Parole Hearings Act and Part 1610 | 10 | | of Title 20 of the Illinois Administrative Code. The eligible | 11 | | person has a right to be present at the Prisoner Review Board | 12 | | hearing. If a psychological evaluation is submitted for the | 13 | | Prisoner Review Board's consideration, it shall be prepared by | 14 | | a person who has expertise in adolescent brain development and | 15 | | behavior, and shall take into consideration the diminished | 16 | | culpability of youthful offenders, the hallmark features of | 17 | | youth, and any subsequent growth and increased maturity of the | 18 | | person. At the hearing, the eligible person shall have the | 19 | | right to make a statement on his or her own behalf. | 20 | | (h) Only upon motion for good cause shall the date for the | 21 | | Prisoner Review Board hearing, as set by subsection (b) of this | 22 | | Section, be changed. All hearings shall be open to the public. | 23 | | (i) Unless the Prisoner Review Board after the hearing, | 24 | | finds by a preponderance of the evidence that: | 25 | | (1) there is a substantial risk that the eligible | 26 | | person will not conform to reasonable conditions of parole |
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| 1 | | or aftercare release; or | 2 | | (2) the eligible person's release a that time would | 3 | | deprecate the seriousness of his or her offense or promote | 4 | | disrespect for the law; or | 5 | | (3) the eligible person's release would have a | 6 | | substantially adverse effect on institutional discipline; | 7 | | the eligible person shall be release on parole. In considering | 8 | | the factors affecting the release determination under 20 Ill. | 9 | | Adm. Code 1610.50(b), the Prisoner Review Board panel shall | 10 | | consider the diminished culpability of youthful offenders, the | 11 | | hallmark features of youth, and any subsequent growth and | 12 | | maturity of the youthful offender during incarceration. | 13 | | (j) Unless denied parole under subsection (i) of this | 14 | | Section: (1) the eligible person serving a sentence for any | 15 | | non-first degree murder offense or offenses, shall be released | 16 | | on parole which shall operate to discharge any remaining term | 17 | | of years sentence imposed upon him or her, notwithstanding any | 18 | | required mandatory supervised release period the eligible | 19 | | person is required to serve; and (2) the eligible person | 20 | | serving a sentence for any first degree murder offense, shall | 21 | | be released on mandatory supervised release for a period of 10 | 22 | | years subject to Section 3-3-8, which shall operate to | 23 | | discharge any remaining term of years sentence imposed upon him | 24 | | or her, however in no event shall the eligible person serve a | 25 | | period of mandatory supervised release greater than the | 26 | | aggregate of the discharged underlying sentence and the |
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| 1 | | mandatory supervised release period as sent forth in Section | 2 | | 5-4.5-20. | 3 | | (k) A person denied parole under subsection (i) of this | 4 | | Section shall be eligible for a second parole review by the | 5 | | Prisoner Review Board 5 years after the written decision under | 6 | | subsection (i) of this Section. The procedures for a second | 7 | | parole review shall be governed by subsections (b) through (j) | 8 | | of this Section. | 9 | | (l) A person denied parole under subsection (k) of this | 10 | | Section shall be eligible for a third and final parole review | 11 | | by the Prisoner Review Board 5 years after the written decision | 12 | | under subsection (i) of this Section. The procedures for the | 13 | | third and final parole review shall be governed by subsections | 14 | | (b) through (j) of this Section. | 15 | | (m) Notwithstanding anything else to the contrary in this | 16 | | Section, nothing in this Section shall be construed to delay | 17 | | parole or mandatory supervised release consideration for | 18 | | petitioners who, prior to the effective date of this amendatory | 19 | | Act of the 100th General Assembly, are or will be eligible for | 20 | | release earlier than this Section provides. Nothing in this | 21 | | Section shall be construed as a limit, substitution, or bar on | 22 | | a person's right to sentencing relief including any relief | 23 | | provided under Section 5-4.5-115 of this Act, or any other | 24 | | manner of relief, obtained by order of a court in proceedings | 25 | | other than as provided in this Section.
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| 1 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 2 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 3 | | use of a firearm; mandatory supervised release terms.
| 4 | | (a) Except as otherwise provided in the statute defining | 5 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 6 | | imprisonment for a felony shall be a determinate sentence set | 7 | | by
the court under this Section, subject to Section 5-4.5-110 | 8 | | of this Code, according to the following limitations:
| 9 | | (1) for first degree murder,
| 10 | | (a) (blank),
| 11 | | (b) if a trier of fact finds beyond a reasonable
| 12 | | doubt that the murder was accompanied by exceptionally
| 13 | | brutal or heinous behavior indicative of wanton | 14 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 15 | | of this Section, that any of the aggravating factors
| 16 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 18 | | present, the court may sentence the defendant, subject | 19 | | to Section 5-4.5-105, to a term of natural life
| 20 | | imprisonment, or
| 21 | | (c) the court shall sentence the defendant to a | 22 | | term of natural life
imprisonment if the defendant, at | 23 | | the time of the commission of the murder, had attained | 24 | | the age of 18, and
| 25 | | (i) has previously been convicted of first | 26 | | degree murder under
any state or federal law, or
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| 1 | | (ii) is found guilty of murdering more
than one | 2 | | victim, or
| 3 | | (iii) is found guilty of murdering a peace | 4 | | officer, fireman, or emergency management worker | 5 | | when
the peace officer, fireman, or emergency | 6 | | management worker was killed in the course of | 7 | | performing his
official duties, or to prevent the | 8 | | peace officer or fireman from
performing his | 9 | | official duties, or in retaliation for the peace | 10 | | officer,
fireman, or emergency management worker | 11 | | from performing his official duties, and the | 12 | | defendant knew or should
have known that the | 13 | | murdered individual was a peace officer, fireman, | 14 | | or emergency management worker, or
| 15 | | (iv) is found guilty of murdering an employee | 16 | | of an institution or
facility of the Department of | 17 | | Corrections, or any similar local
correctional | 18 | | agency, when the employee was killed in the course | 19 | | of
performing his official duties, or to prevent | 20 | | the employee from performing
his official duties, | 21 | | or in retaliation for the employee performing his
| 22 | | official duties, or
| 23 | | (v) is found guilty of murdering an emergency | 24 | | medical
technician - ambulance, emergency medical | 25 | | technician - intermediate, emergency
medical | 26 | | technician - paramedic, ambulance driver or other |
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| 1 | | medical assistance or
first aid person while | 2 | | employed by a municipality or other governmental | 3 | | unit
when the person was killed in the course of | 4 | | performing official duties or
to prevent the | 5 | | person from performing official duties or in | 6 | | retaliation
for performing official duties and the | 7 | | defendant knew or should have known
that the | 8 | | murdered individual was an emergency medical | 9 | | technician - ambulance,
emergency medical | 10 | | technician - intermediate, emergency medical
| 11 | | technician - paramedic, ambulance driver, or other | 12 | | medical
assistant or first aid personnel, or
| 13 | | (vi) (blank), or
| 14 | | (vii) is found guilty of first degree murder | 15 | | and the murder was
committed by reason of any | 16 | | person's activity as a community policing | 17 | | volunteer
or to prevent any person from engaging in | 18 | | activity as a community policing
volunteer. For | 19 | | the purpose of this Section, "community policing | 20 | | volunteer"
has the meaning ascribed to it in | 21 | | Section 2-3.5 of the Criminal Code of 2012.
| 22 | | For purposes of clause (v), "emergency medical | 23 | | technician - ambulance",
"emergency medical technician - | 24 | | intermediate", "emergency medical technician -
| 25 | | paramedic", have the meanings ascribed to them in the | 26 | | Emergency Medical
Services (EMS) Systems Act.
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| 1 | | (d) (i) if the person committed the offense while | 2 | | armed with a
firearm, 15 years shall be added to | 3 | | the term of imprisonment imposed by the
court;
| 4 | | (ii) if, during the commission of the offense, | 5 | | the person
personally discharged a firearm, 20 | 6 | | years shall be added to the term of
imprisonment | 7 | | imposed by the court;
| 8 | | (iii) if, during the commission of the | 9 | | offense, the person
personally discharged a | 10 | | firearm that proximately caused great bodily harm,
| 11 | | permanent disability, permanent disfigurement, or | 12 | | death to another person, 25
years or up to a term | 13 | | of natural life shall be added to the term of
| 14 | | imprisonment imposed by the court.
| 15 | | (2) (blank);
| 16 | | (2.5) for a person who has attained the age of 18 years
| 17 | | at the time of the commission of the offense and
who is | 18 | | convicted under the circumstances described in subdivision | 19 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | 20 | | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | 21 | | or paragraph (2) of subsection
(d) of Section 12-14, | 22 | | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | 23 | | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | 24 | | Section 11-1.40 or paragraph (2) of subsection (b) of | 25 | | Section 12-14.1
of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, the sentence shall be a term of |
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| 1 | | natural life
imprisonment.
| 2 | | (b) (Blank).
| 3 | | (c) (Blank).
| 4 | | (d) Subject to
earlier termination under Section 3-3-8, the | 5 | | parole or mandatory
supervised release term shall be written as | 6 | | part of the sentencing order and shall be as follows:
| 7 | | (1) for first degree murder or a Class X felony except | 8 | | for the offenses of predatory criminal sexual assault of a | 9 | | child, aggravated criminal sexual assault, and criminal | 10 | | sexual assault if committed on or after the effective date | 11 | | of this amendatory Act of the 94th General Assembly and | 12 | | except for the offense of aggravated child pornography | 13 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 14 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 16 | | committed on or after January 1, 2009, 3 years;
| 17 | | (2) for a Class 1 felony or a Class 2 felony except for | 18 | | the offense of criminal sexual assault if committed on or | 19 | | after the effective date of this amendatory Act of the 94th | 20 | | General Assembly and except for the offenses of manufacture | 21 | | and dissemination of child pornography under clauses | 22 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 23 | | of 1961 or the Criminal Code of 2012, if committed on or | 24 | | after January 1, 2009, 2 years;
| 25 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 26 | | (4) for defendants who commit the offense of predatory |
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| 1 | | criminal sexual assault of a child, aggravated criminal | 2 | | sexual assault, or criminal sexual assault, on or after the | 3 | | effective date of this amendatory Act of the 94th General | 4 | | Assembly, or who commit the offense of aggravated child | 5 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 6 | | with sentencing under subsection (c-5) of Section 11-20.1 | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 8 | | manufacture of child pornography, or dissemination of | 9 | | child pornography after January 1, 2009, the term of | 10 | | mandatory supervised release shall range from a minimum of | 11 | | 3 years to a maximum of the natural life of the defendant;
| 12 | | (5) if the victim is under 18 years of age, for a | 13 | | second or subsequent
offense of aggravated criminal sexual | 14 | | abuse or felony criminal sexual abuse,
4 years, at least | 15 | | the first 2 years of which the defendant shall serve in an
| 16 | | electronic home detention program under Article 8A of | 17 | | Chapter V of this Code;
| 18 | | (6) for a felony domestic battery, aggravated domestic | 19 | | battery, stalking, aggravated stalking, and a felony | 20 | | violation of an order of protection, 4 years. | 21 | | (e) (Blank).
| 22 | | (f) (Blank).
| 23 | | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)".
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