Full Text of HB2027 101st General Assembly
HB2027ham001 101ST GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 3/5/2019
| | 10100HB2027ham001 | | LRB101 04567 SLF 56741 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2027
| 2 | | AMENDMENT NO. ______. Amend House Bill 2027 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-106.1 and 6-508 as follows:
| 6 | | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| 7 | | Sec. 6-106.1. School bus driver permit.
| 8 | | (a) The Secretary of State shall issue a school bus driver
| 9 | | permit to those applicants who have met all the requirements of | 10 | | the
application and screening process under this Section to | 11 | | insure the
welfare and safety of children who are transported | 12 | | on school buses
throughout the State of Illinois. Applicants | 13 | | shall obtain the
proper application required by the Secretary | 14 | | of State from their
prospective or current employer and submit | 15 | | the completed
application to the prospective or current | 16 | | employer along
with the necessary fingerprint submission as |
| | | 10100HB2027ham001 | - 2 - | LRB101 04567 SLF 56741 a |
|
| 1 | | required by the
Department of
State Police to conduct | 2 | | fingerprint based criminal background
checks on current and | 3 | | future information available in the state
system and current | 4 | | information available through the Federal Bureau
of | 5 | | Investigation's system. Applicants who have completed the
| 6 | | fingerprinting requirements shall not be subjected to the
| 7 | | fingerprinting process when applying for subsequent permits or
| 8 | | submitting proof of successful completion of the annual | 9 | | refresher
course. Individuals who on July 1, 1995 (the | 10 | | effective date of Public Act 88-612) possess a valid
school bus | 11 | | driver permit that has been previously issued by the | 12 | | appropriate
Regional School Superintendent are not subject to | 13 | | the fingerprinting
provisions of this Section as long as the | 14 | | permit remains valid and does not
lapse. The applicant shall be | 15 | | required to pay all related
application and fingerprinting fees | 16 | | as established by rule
including, but not limited to, the | 17 | | amounts established by the Department of
State Police and the | 18 | | Federal Bureau of Investigation to process
fingerprint based | 19 | | criminal background investigations. All fees paid for
| 20 | | fingerprint processing services under this Section shall be | 21 | | deposited into the
State Police Services Fund for the cost | 22 | | incurred in processing the fingerprint
based criminal | 23 | | background investigations. All other fees paid under this
| 24 | | Section shall be deposited into the Road
Fund for the purpose | 25 | | of defraying the costs of the Secretary of State in
| 26 | | administering this Section. All applicants must:
|
| | | 10100HB2027ham001 | - 3 - | LRB101 04567 SLF 56741 a |
|
| 1 | | 1. be 21 years of age or older;
| 2 | | 2. possess a valid and properly classified driver's | 3 | | license
issued by the Secretary of State;
| 4 | | 3. possess a valid driver's license, which has not been
| 5 | | revoked, suspended, or canceled for 3 years immediately | 6 | | prior to
the date of application, or have not had his or | 7 | | her commercial motor vehicle
driving privileges
| 8 | | disqualified within the 3 years immediately prior to the | 9 | | date of application;
| 10 | | 4. successfully pass a written test, administered by | 11 | | the
Secretary of State, on school bus operation, school bus | 12 | | safety, and
special traffic laws relating to school buses | 13 | | and submit to a review
of the applicant's driving habits by | 14 | | the Secretary of State at the time the
written test is | 15 | | given;
| 16 | | 5. demonstrate ability to exercise reasonable care in | 17 | | the operation of
school buses in accordance with rules | 18 | | promulgated by the Secretary of State;
| 19 | | 6. demonstrate physical fitness to operate school | 20 | | buses by
submitting the results of a medical examination, | 21 | | including tests for drug
use for each applicant not subject | 22 | | to such testing pursuant to
federal law, conducted by a | 23 | | licensed physician, a licensed advanced practice | 24 | | registered nurse, or a licensed physician assistant
within | 25 | | 90 days of the date
of application according to standards | 26 | | promulgated by the Secretary of State;
|
| | | 10100HB2027ham001 | - 4 - | LRB101 04567 SLF 56741 a |
|
| 1 | | 7. affirm under penalties of perjury that he or she has | 2 | | not made a
false statement or knowingly concealed a | 3 | | material fact
in any application for permit;
| 4 | | 8. have completed an initial classroom course, | 5 | | including first aid
procedures, in school bus driver safety | 6 | | as promulgated by the Secretary of
State; and after | 7 | | satisfactory completion of said initial course an annual
| 8 | | refresher course; such courses and the agency or | 9 | | organization conducting such
courses shall be approved by | 10 | | the Secretary of State; failure to
complete the annual | 11 | | refresher course, shall result in
cancellation of the | 12 | | permit until such course is completed;
| 13 | | 9. not have been under an order of court supervision | 14 | | for or convicted of 2 or more serious traffic offenses, as
| 15 | | defined by rule, within one year prior to the date of | 16 | | application that may
endanger the life or safety of any of | 17 | | the driver's passengers within the
duration of the permit | 18 | | period;
| 19 | | 10. not have been under an order of court supervision | 20 | | for or convicted of reckless driving, aggravated reckless | 21 | | driving, driving while under the influence of alcohol, | 22 | | other drug or drugs, intoxicating compound or compounds or | 23 | | any combination thereof, or reckless homicide resulting | 24 | | from the operation of a motor
vehicle within 3 years of the | 25 | | date of application;
| 26 | | 11. not have been convicted of committing or attempting
|
| | | 10100HB2027ham001 | - 5 - | LRB101 04567 SLF 56741 a |
|
| 1 | | to commit any
one or more of the following offenses: (i) | 2 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | 3 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | 4 | | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | 5 | | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | 6 | | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | 7 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | 8 | | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | 9 | | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | 10 | | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| 11 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | 12 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | 13 | | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | 14 | | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| 15 | | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | 16 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | 17 | | 24-1.7 before the effective date of this amendatory Act of | 18 | | the 101st General Assembly , 24-2.1, 24-3.3, 24-3.5, | 19 | | 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in | 20 | | subsection (b) of Section 8-1, and in subdivisions (a)(1), | 21 | | (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) | 22 | | of Section 12-3.05, and in subsection (a) and subsection | 23 | | (b), clause (1), of Section
12-4, and in subsection (A), | 24 | | clauses (a) and (b), of Section 24-3, and those offenses | 25 | | contained in Article 29D of the Criminal Code of 1961 or | 26 | | the Criminal Code of 2012; (ii) those offenses defined in |
| | | 10100HB2027ham001 | - 6 - | LRB101 04567 SLF 56741 a |
|
| 1 | | the
Cannabis Control Act except those offenses defined in | 2 | | subsections (a) and
(b) of Section 4, and subsection (a) of | 3 | | Section 5 of the Cannabis Control
Act; (iii) those offenses | 4 | | defined in the Illinois Controlled Substances
Act; (iv) | 5 | | those offenses defined in the Methamphetamine Control and | 6 | | Community Protection Act; (v) any offense committed or | 7 | | attempted in any other state or against
the laws of the | 8 | | United States, which if committed or attempted in this
| 9 | | State would be punishable as one or more of the foregoing | 10 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | 11 | | of the Wrongs to Children Act or Section 11-9.1A of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) | 13 | | those offenses defined in Section 6-16 of the Liquor | 14 | | Control Act of
1934;
and (viii) those offenses defined in | 15 | | the Methamphetamine Precursor Control Act;
| 16 | | 12. not have been repeatedly involved as a driver in | 17 | | motor vehicle
collisions or been repeatedly convicted of | 18 | | offenses against
laws and ordinances regulating the | 19 | | movement of traffic, to a degree which
indicates lack of | 20 | | ability to exercise ordinary and reasonable care in the
| 21 | | safe operation of a motor vehicle or disrespect for the | 22 | | traffic laws and
the safety of other persons upon the | 23 | | highway;
| 24 | | 13. not have, through the unlawful operation of a motor
| 25 | | vehicle, caused an accident resulting in the death of any | 26 | | person;
|
| | | 10100HB2027ham001 | - 7 - | LRB101 04567 SLF 56741 a |
|
| 1 | | 14. not have, within the last 5 years, been adjudged to | 2 | | be
afflicted with or suffering from any mental disability | 3 | | or disease; and
| 4 | | 15. consent, in writing, to the release of results of | 5 | | reasonable suspicion drug and alcohol testing under | 6 | | Section 6-106.1c of this Code by the employer of the | 7 | | applicant to the Secretary of State. | 8 | | (b) A school bus driver permit shall be valid for a period | 9 | | specified by
the Secretary of State as set forth by rule. It | 10 | | shall be renewable upon compliance with subsection (a) of this
| 11 | | Section.
| 12 | | (c) A school bus driver permit shall contain the holder's | 13 | | driver's
license number, legal name, residence address, zip | 14 | | code, and date
of birth, a brief description of the holder and | 15 | | a space for signature. The
Secretary of State may require a | 16 | | suitable photograph of the holder.
| 17 | | (d) The employer shall be responsible for conducting a | 18 | | pre-employment
interview with prospective school bus driver | 19 | | candidates, distributing school
bus driver applications and | 20 | | medical forms to be completed by the applicant, and
submitting | 21 | | the applicant's fingerprint cards to the Department of State | 22 | | Police
that are required for the criminal background | 23 | | investigations. The employer
shall certify in writing to the | 24 | | Secretary of State that all pre-employment
conditions have been | 25 | | successfully completed including the successful completion
of | 26 | | an Illinois specific criminal background investigation through |
| | | 10100HB2027ham001 | - 8 - | LRB101 04567 SLF 56741 a |
|
| 1 | | the
Department of State Police and the submission of necessary
| 2 | | fingerprints to the Federal Bureau of Investigation for | 3 | | criminal
history information available through the Federal | 4 | | Bureau of
Investigation system. The applicant shall present the
| 5 | | certification to the Secretary of State at the time of | 6 | | submitting
the school bus driver permit application.
| 7 | | (e) Permits shall initially be provisional upon receiving
| 8 | | certification from the employer that all pre-employment | 9 | | conditions
have been successfully completed, and upon | 10 | | successful completion of
all training and examination | 11 | | requirements for the classification of
the vehicle to be | 12 | | operated, the Secretary of State shall
provisionally issue a | 13 | | School Bus Driver Permit. The permit shall
remain in a | 14 | | provisional status pending the completion of the
Federal Bureau | 15 | | of Investigation's criminal background investigation based
| 16 | | upon fingerprinting specimens submitted to the Federal Bureau | 17 | | of
Investigation by the Department of State Police. The Federal | 18 | | Bureau of
Investigation shall report the findings directly to | 19 | | the Secretary
of State. The Secretary of State shall remove the | 20 | | bus driver
permit from provisional status upon the applicant's | 21 | | successful
completion of the Federal Bureau of Investigation's | 22 | | criminal
background investigation.
| 23 | | (f) A school bus driver permit holder shall notify the
| 24 | | employer and the Secretary of State if he or she is issued an | 25 | | order of court supervision for or convicted in
another state of | 26 | | an offense that would make him or her ineligible
for a permit |
| | | 10100HB2027ham001 | - 9 - | LRB101 04567 SLF 56741 a |
|
| 1 | | under subsection (a) of this Section. The
written notification | 2 | | shall be made within 5 days of the entry of
the order of court | 3 | | supervision or conviction. Failure of the permit holder to | 4 | | provide the
notification is punishable as a petty
offense for a | 5 | | first violation and a Class B misdemeanor for a
second or | 6 | | subsequent violation.
| 7 | | (g) Cancellation; suspension; notice and procedure.
| 8 | | (1) The Secretary of State shall cancel a school bus
| 9 | | driver permit of an applicant whose criminal background | 10 | | investigation
discloses that he or she is not in compliance | 11 | | with the provisions of subsection
(a) of this Section.
| 12 | | (2) The Secretary of State shall cancel a school
bus | 13 | | driver permit when he or she receives notice that the | 14 | | permit holder fails
to comply with any provision of this | 15 | | Section or any rule promulgated for the
administration of | 16 | | this Section.
| 17 | | (3) The Secretary of State shall cancel a school bus
| 18 | | driver permit if the permit holder's restricted commercial | 19 | | or
commercial driving privileges are withdrawn or | 20 | | otherwise
invalidated.
| 21 | | (4) The Secretary of State may not issue a school bus
| 22 | | driver permit for a period of 3 years to an applicant who | 23 | | fails to
obtain a negative result on a drug test as | 24 | | required in item 6 of
subsection (a) of this Section or | 25 | | under federal law.
| 26 | | (5) The Secretary of State shall forthwith suspend
a |
| | | 10100HB2027ham001 | - 10 - | LRB101 04567 SLF 56741 a |
|
| 1 | | school bus driver permit for a period of 3 years upon | 2 | | receiving
notice that the holder has failed to obtain a | 3 | | negative result on a
drug test as required in item 6 of | 4 | | subsection (a) of this Section
or under federal law.
| 5 | | (6) The Secretary of State shall suspend a school bus | 6 | | driver permit for a period of 3 years upon receiving notice | 7 | | from the employer that the holder failed to perform the | 8 | | inspection procedure set forth in subsection (a) or (b) of | 9 | | Section 12-816 of this Code. | 10 | | (7) The Secretary of State shall suspend a school bus | 11 | | driver permit for a period of 3 years upon receiving notice | 12 | | from the employer that the holder refused to submit to an | 13 | | alcohol or drug test as required by Section 6-106.1c or has | 14 | | submitted to a test required by that Section which | 15 | | disclosed an alcohol concentration of more than 0.00 or | 16 | | disclosed a positive result on a National Institute on Drug | 17 | | Abuse five-drug panel, utilizing federal standards set | 18 | | forth in 49 CFR 40.87. | 19 | | The Secretary of State shall notify the State | 20 | | Superintendent
of Education and the permit holder's | 21 | | prospective or current
employer that the applicant has (1) has | 22 | | failed a criminal
background investigation or (2) is no
longer | 23 | | eligible for a school bus driver permit; and of the related
| 24 | | cancellation of the applicant's provisional school bus driver | 25 | | permit. The
cancellation shall remain in effect pending the | 26 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
| | | 10100HB2027ham001 | - 11 - | LRB101 04567 SLF 56741 a |
|
| 1 | | The scope of the
hearing shall be limited to the issuance | 2 | | criteria contained in
subsection (a) of this Section. A | 3 | | petition requesting a
hearing shall be submitted to the | 4 | | Secretary of State and shall
contain the reason the individual | 5 | | feels he or she is entitled to a
school bus driver permit. The | 6 | | permit holder's
employer shall notify in writing to the | 7 | | Secretary of State
that the employer has certified the removal | 8 | | of the offending school
bus driver from service prior to the | 9 | | start of that school bus
driver's next workshift. An employing | 10 | | school board that fails to
remove the offending school bus | 11 | | driver from service is
subject to the penalties defined in | 12 | | Section 3-14.23 of the School Code. A
school bus
contractor who | 13 | | violates a provision of this Section is
subject to the | 14 | | penalties defined in Section 6-106.11.
| 15 | | All valid school bus driver permits issued under this | 16 | | Section
prior to January 1, 1995, shall remain effective until | 17 | | their
expiration date unless otherwise invalidated.
| 18 | | (h) When a school bus driver permit holder who is a service | 19 | | member is called to active duty, the employer of the permit | 20 | | holder shall notify the Secretary of State, within 30 days of | 21 | | notification from the permit holder, that the permit holder has | 22 | | been called to active duty. Upon notification pursuant to this | 23 | | subsection, (i) the Secretary of State shall characterize the | 24 | | permit as inactive until a permit holder renews the permit as | 25 | | provided in subsection (i) of this Section, and (ii) if a | 26 | | permit holder fails to comply with the requirements of this |
| | | 10100HB2027ham001 | - 12 - | LRB101 04567 SLF 56741 a |
|
| 1 | | Section while called to active duty, the Secretary of State | 2 | | shall not characterize the permit as invalid. | 3 | | (i) A school bus driver permit holder who is a service | 4 | | member returning from active duty must, within 90 days, renew a | 5 | | permit characterized as inactive pursuant to subsection (h) of | 6 | | this Section by complying with the renewal requirements of | 7 | | subsection (b) of this Section. | 8 | | (j) For purposes of subsections (h) and (i) of this | 9 | | Section: | 10 | | "Active duty" means active duty pursuant to an executive | 11 | | order of the President of the United States, an act of the | 12 | | Congress of the United States, or an order of the Governor. | 13 | | "Service member" means a member of the Armed Services or | 14 | | reserve forces of the United States or a member of the Illinois | 15 | | National Guard. | 16 | | (k) A private carrier employer of a school bus driver | 17 | | permit holder, having satisfied the employer requirements of | 18 | | this Section, shall be held to a standard of ordinary care for | 19 | | intentional acts committed in the course of employment by the | 20 | | bus driver permit holder. This subsection (k) shall in no way | 21 | | limit the liability of the private carrier employer for | 22 | | violation of any provision of this Section or for the negligent | 23 | | hiring or retention of a school bus driver permit holder. | 24 | | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; | 25 | | 99-642, eff. 7-28-16; 100-513, eff. 1-1-18 .)
|
| | | 10100HB2027ham001 | - 13 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| 2 | | Sec. 6-508. Commercial Driver's License (CDL) - | 3 | | qualification standards.
| 4 | | (a) Testing.
| 5 | | (1) General. No person shall be issued an original or | 6 | | renewal CDL
unless that person is
domiciled in this State | 7 | | or is applying for a non-domiciled CDL under Sections 6-509 | 8 | | and 6-510 of this Code. The Secretary shall cause to be | 9 | | administered such
tests as the Secretary deems necessary to | 10 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, | 11 | | H, and J.
| 12 | | (1.5) Effective July 1, 2014, no person shall be issued | 13 | | an original CDL or an upgraded CDL that requires a skills | 14 | | test unless that person has held a CLP, for a minimum of 14 | 15 | | calendar days, for the classification of vehicle and | 16 | | endorsement, if any, for which the person is seeking a CDL. | 17 | | (2) Third party testing. The Secretary of State may | 18 | | authorize a
"third party tester", pursuant to 49 C.F.R. | 19 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
| 20 | | skills test or tests specified by the Federal Motor Carrier | 21 | | Safety
Administration pursuant to the
Commercial Motor | 22 | | Vehicle Safety Act of 1986 and any appropriate federal | 23 | | rule.
| 24 | | (b) Waiver of Skills Test. The Secretary of State may waive | 25 | | the skills
test specified in this Section for a driver | 26 | | applicant for a commercial driver license
who meets the |
| | | 10100HB2027ham001 | - 14 - | LRB101 04567 SLF 56741 a |
|
| 1 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall | 2 | | waive the skills tests specified in this Section for a driver | 3 | | applicant who has military commercial motor vehicle | 4 | | experience, subject to the requirements of 49 C.F.R. 383.77.
| 5 | | (b-1) No person shall be issued a CDL unless the person | 6 | | certifies to the Secretary one of the following types of | 7 | | driving operations in which he or she will be engaged: | 8 | | (1) non-excepted interstate; | 9 | | (2) non-excepted intrastate; | 10 | | (3) excepted interstate; or | 11 | | (4) excepted intrastate. | 12 | | (b-2) (Blank). | 13 | | (c) Limitations on issuance of a CDL. A CDL shall not be | 14 | | issued to a person while the person is
subject to a | 15 | | disqualification from driving a commercial motor vehicle, or
| 16 | | unless otherwise permitted by this Code, while the person's | 17 | | driver's
license is suspended, revoked or cancelled in
any | 18 | | state, or any territory or province of Canada; nor may a CLP or | 19 | | CDL be issued
to a person who has a CLP or CDL issued by any | 20 | | other state, or foreign
jurisdiction, nor may a CDL be issued | 21 | | to a person who has an Illinois CLP unless the person first | 22 | | surrenders all of these
licenses or permits. However, a person | 23 | | may hold an Illinois CLP and an Illinois CDL providing the CLP | 24 | | is necessary to train or practice for an endorsement or vehicle | 25 | | classification not present on the current CDL. No CDL shall be | 26 | | issued to or renewed for a person who does not
meet the |
| | | 10100HB2027ham001 | - 15 - | LRB101 04567 SLF 56741 a |
|
| 1 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met | 2 | | with
the aid of a hearing aid.
| 3 | | (c-1) The Secretary may issue a CDL with a school bus | 4 | | driver endorsement
to allow a person to drive the type of bus | 5 | | described in subsection (d-5) of
Section 6-104 of this Code. | 6 | | The CDL with a school bus driver endorsement may be
issued only | 7 | | to a person meeting the following requirements:
| 8 | | (1) the person has submitted his or her fingerprints to | 9 | | the
Department of State Police in the form and manner
| 10 | | prescribed by the Department of State Police. These
| 11 | | fingerprints shall be checked against the fingerprint | 12 | | records
now and hereafter filed in the Department of State | 13 | | Police and
Federal Bureau of Investigation criminal | 14 | | history records databases;
| 15 | | (2) the person has passed a written test, administered | 16 | | by the Secretary of
State, on charter bus operation, | 17 | | charter bus safety, and certain special
traffic laws
| 18 | | relating to school buses determined by the Secretary of | 19 | | State to be relevant to
charter buses, and submitted to a | 20 | | review of the driver applicant's driving
habits by the | 21 | | Secretary of State at the time the written test is given;
| 22 | | (3) the person has demonstrated physical fitness to | 23 | | operate school buses
by
submitting the results of a medical | 24 | | examination, including tests for drug
use; and
| 25 | | (4) the person has not been convicted of committing or | 26 | | attempting
to commit any
one or more of the following |
| | | 10100HB2027ham001 | - 16 - | LRB101 04567 SLF 56741 a |
|
| 1 | | offenses: (i) those offenses defined in
Sections 8-1.2, | 2 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | 3 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | 4 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| 5 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | 6 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | 7 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | 8 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | 9 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | 10 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | 11 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | 12 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | 13 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | 14 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| 15 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | 16 | | 24-1.2-5, 24-1.6, 24-1.7 before the effective date of this | 17 | | amendatory Act of the 101st General Assembly , 24-2.1, | 18 | | 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 31A-1.1,
33A-2, and | 19 | | 33D-1, and in subsection (b) of Section 8-1, and in | 20 | | subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), | 21 | | (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in | 22 | | subsection (a) and subsection (b), clause (1), of Section
| 23 | | 12-4, and in subsection (A), clauses (a) and (b), of | 24 | | Section 24-3, and those offenses contained in Article 29D | 25 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 26 | | (ii) those offenses defined in the
Cannabis Control Act |
| | | 10100HB2027ham001 | - 17 - | LRB101 04567 SLF 56741 a |
|
| 1 | | except those offenses defined in subsections (a) and
(b) of | 2 | | Section 4, and subsection (a) of Section 5 of the Cannabis | 3 | | Control
Act; (iii) those offenses defined in the Illinois | 4 | | Controlled Substances
Act; (iv) those offenses defined in | 5 | | the Methamphetamine Control and Community Protection Act; | 6 | | (v) any offense committed or attempted in any other state | 7 | | or against
the laws of the United States, which if | 8 | | committed or attempted in this
State would be punishable as | 9 | | one or more of the foregoing offenses; (vi)
the offenses | 10 | | defined in Sections 4.1 and 5.1 of the Wrongs to Children | 11 | | Act or Section 11-9.1A of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012; (vii) those offenses defined in | 13 | | Section 6-16 of the Liquor Control Act of
1934; and (viii) | 14 | | those offenses defined in the Methamphetamine Precursor | 15 | | Control Act.
| 16 | | The Department of State Police shall charge
a fee for | 17 | | conducting the criminal history records check, which shall be
| 18 | | deposited into the State Police Services Fund and may not | 19 | | exceed the actual
cost of the records check.
| 20 | | (c-2) The Secretary shall issue a CDL with a school bus | 21 | | endorsement to allow a person to drive a school bus as defined | 22 | | in this Section. The CDL shall be issued according to the | 23 | | requirements outlined in 49 C.F.R. 383. A person may not | 24 | | operate a school bus as defined in this Section without a | 25 | | school bus endorsement. The Secretary of State may adopt rules | 26 | | consistent with Federal guidelines to implement this |
| | | 10100HB2027ham001 | - 18 - | LRB101 04567 SLF 56741 a |
|
| 1 | | subsection (c-2).
| 2 | | (d) (Blank).
| 3 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; | 4 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. | 5 | | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of | 6 | | P.A. 99-414 for effective date of changes made by 98-176); | 7 | | 98-756, eff. 7-16-14.) | 8 | | Section 10. The Criminal Code of 2012 is amended by | 9 | | changing Section 33A-3 as follows:
| 10 | | (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
| 11 | | Sec. 33A-3. Sentence.
| 12 | | (a) Violation of Section 33A-2(a) with a
Category I weapon | 13 | | is a Class X felony for which the defendant shall be
sentenced | 14 | | to a minimum term of imprisonment of 15 years.
| 15 | | (a-5) Violation of Section 33A-2(a) with a Category II | 16 | | weapon
is a Class X
felony for which the defendant shall be | 17 | | sentenced to a minimum term of
imprisonment of 10 years.
| 18 | | (b) Violation of Section 33A-2(a)
with a Category III | 19 | | weapon is a Class 2 felony or the felony
classification | 20 | | provided for the same act while unarmed, whichever
permits the | 21 | | greater penalty. A second or subsequent violation of
Section | 22 | | 33A-2(a) with a Category III weapon is a Class 1 felony
or the | 23 | | felony classification provided for the same act while unarmed, | 24 | | whichever
permits the greater penalty.
|
| | | 10100HB2027ham001 | - 19 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (b-5) Violation of Section 33A-2(b) with a firearm that is | 2 | | a Category I or
Category II
weapon is a Class X felony for | 3 | | which the defendant shall be sentenced to a
minimum term of | 4 | | imprisonment of 20 years.
| 5 | | (b-10) Violation of Section 33A-2(c) with a firearm that is | 6 | | a Category I or
Category II
weapon is a Class X felony for | 7 | | which the defendant shall be sentenced to a
term of | 8 | | imprisonment of not less than 25 years nor more than 40 years.
| 9 | | (c) Unless sentencing under subsection (a) of Section | 10 | | 5-4.5-95 of the Unified Code of Corrections (730 ILCS | 11 | | 5/5-4.5-95) before the effective date of this amendatory Act of | 12 | | the 101st General Assembly is applicable, any person who
| 13 | | violates subsection (a) or (b) of Section 33A-2 with a
firearm, | 14 | | when that person has been convicted in any state or federal | 15 | | court
of 3 or more of the following offenses: treason, first | 16 | | degree murder, second
degree murder, predatory criminal sexual | 17 | | assault of a child, aggravated
criminal sexual assault, | 18 | | criminal sexual assault,
robbery, burglary, arson, kidnaping, | 19 | | aggravated battery resulting in great
bodily harm or permanent | 20 | | disability or disfigurement, a violation of the | 21 | | Methamphetamine Control and Community Protection Act, or a | 22 | | violation of Section
401(a) of the Illinois Controlled | 23 | | Substances Act,
when the third offense was committed after | 24 | | conviction on the second, the second
offense was committed | 25 | | after conviction on the first, and the violation of
Section | 26 | | 33A-2 was committed after conviction on the third, shall be |
| | | 10100HB2027ham001 | - 20 - | LRB101 04567 SLF 56741 a |
|
| 1 | | sentenced
to a term of imprisonment of not less than 25 years | 2 | | nor more than 50
years.
| 3 | | (c-5) Except as otherwise provided in paragraph (b-10) or | 4 | | (c) of this
Section, a person who violates Section 33A-2(a) | 5 | | with a firearm that is a
Category I weapon or
Section 33A-2(b) | 6 | | in any school, in any conveyance owned, leased, or contracted
| 7 | | by a school to transport students to or from school or a school | 8 | | related
activity, or on the real property comprising any school | 9 | | or public park, and
where
the offense was related to the | 10 | | activities of an organized gang, shall be
sentenced to a term | 11 | | of imprisonment of not less than the term set forth in
| 12 | | subsection (a) or (b-5) of this Section, whichever is | 13 | | applicable, and not more
than 30 years. For the purposes of | 14 | | this subsection (c-5), "organized gang" has
the meaning | 15 | | ascribed to it in Section 10 of the Illinois Streetgang | 16 | | Terrorism
Omnibus Prevention Act.
| 17 | | (d) For armed violence based upon a predicate offense | 18 | | listed in this
subsection (d) the court
shall enter the | 19 | | sentence for armed violence to run consecutively to the
| 20 | | sentence imposed for the predicate offense. The offenses | 21 | | covered by this
provision are:
| 22 | | (i) solicitation of murder,
| 23 | | (ii) solicitation of murder for hire,
| 24 | | (iii) heinous battery as described in Section 12-4.1 or | 25 | | subdivision (a)(2) of Section 12-3.05,
| 26 | | (iv) aggravated battery of a senior citizen as |
| | | 10100HB2027ham001 | - 21 - | LRB101 04567 SLF 56741 a |
|
| 1 | | described in Section 12-4.6 or subdivision (a)(4) of | 2 | | Section 12-3.05,
| 3 | | (v) (blank),
| 4 | | (vi) a violation of subsection (g) of Section 5 of the | 5 | | Cannabis Control
Act,
| 6 | | (vii) cannabis trafficking,
| 7 | | (viii) a violation of subsection (a) of Section 401 of | 8 | | the Illinois
Controlled Substances Act,
| 9 | | (ix) controlled substance trafficking involving a | 10 | | Class X felony amount of
controlled substance under Section | 11 | | 401 of the Illinois Controlled Substances
Act,
| 12 | | (x) calculated criminal drug conspiracy,
| 13 | | (xi) streetgang criminal drug conspiracy, or | 14 | | (xii) a violation of the Methamphetamine Control and | 15 | | Community Protection Act.
| 16 | | (Source: P.A. 95-688, eff. 10-23-07; 95-1052, eff. 7-1-09; | 17 | | 96-1551, eff. 7-1-11 .)
| 18 | | (720 ILCS 5/24-1.7 rep.) | 19 | | Section 15. The Criminal Code of 2012 is amended by | 20 | | repealing Section 24-1.7. | 21 | | Section 20. The Code of Criminal Procedure of 1963 is | 22 | | amended by changing Section 111-3 as follows:
| 23 | | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
|
| | | 10100HB2027ham001 | - 22 - | LRB101 04567 SLF 56741 a |
|
| 1 | | Sec. 111-3. Form of charge.
| 2 | | (a) A charge shall be in writing and allege the commission | 3 | | of an
offense by:
| 4 | | (1) Stating the name of the offense;
| 5 | | (2) Citing the statutory provision alleged to have been | 6 | | violated;
| 7 | | (3) Setting forth the nature and elements of the | 8 | | offense charged;
| 9 | | (4) Stating the date and county of the offense as | 10 | | definitely as can be
done; and
| 11 | | (5) Stating the name of the accused, if known, and if | 12 | | not known,
designate the accused by any name or description | 13 | | by which he can be
identified with reasonable certainty.
| 14 | | (a-5) If the victim is alleged to have been subjected to an | 15 | | offense involving an illegal sexual act including, but not | 16 | | limited to, a sexual offense defined in Article 11 or Section | 17 | | 10-9 of the Criminal Code of 2012, the charge shall state the | 18 | | identity of the victim by name, initials, or description. | 19 | | (b) An indictment shall be signed by the foreman of the | 20 | | Grand Jury and
an information shall be signed by the State's | 21 | | Attorney and sworn to by him
or another. A complaint shall be | 22 | | sworn to and signed by the complainant; provided, that when a | 23 | | peace officer observes the commission of a misdemeanor
and is | 24 | | the complaining witness, the signing of the complaint by the | 25 | | peace
officer is sufficient to charge the defendant with the | 26 | | commission of the
offense, and the complaint need not be sworn |
| | | 10100HB2027ham001 | - 23 - | LRB101 04567 SLF 56741 a |
|
| 1 | | to if the officer signing the
complaint certifies that the | 2 | | statements set forth in the complaint are true and
correct and | 3 | | are subject to the penalties provided by law for false
| 4 | | certification
under Section 1-109 of the Code of Civil | 5 | | Procedure and perjury under Section
32-2 of the Criminal Code | 6 | | of 2012; and further provided, however, that when a citation is | 7 | | issued on a Uniform Traffic
Ticket or Uniform Conservation | 8 | | Ticket (in a form prescribed by the
Conference of Chief Circuit | 9 | | Judges and filed with the Supreme Court), the
copy of such | 10 | | Uniform Ticket which is filed with the circuit court
| 11 | | constitutes a complaint to which the defendant may plead, | 12 | | unless he
specifically requests that a verified complaint be | 13 | | filed.
| 14 | | (c) When the State seeks an enhanced sentence because of a | 15 | | prior
conviction, the charge shall also state the intention to | 16 | | seek an enhanced
sentence and shall state such prior conviction | 17 | | so as to give notice to the
defendant. However, the fact of | 18 | | such prior conviction and the State's
intention to seek an | 19 | | enhanced sentence are not elements of the offense and
may not | 20 | | be disclosed to the jury during trial unless otherwise | 21 | | permitted by
issues properly raised during such trial.
For the | 22 | | purposes of this Section, "enhanced sentence" means a sentence
| 23 | | which is increased by a prior conviction from one | 24 | | classification of offense
to another higher level | 25 | | classification of offense set forth in Section
5-4.5-10
of the | 26 | | Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not |
| | | 10100HB2027ham001 | - 24 - | LRB101 04567 SLF 56741 a |
|
| 1 | | include an increase in the sentence applied within the
same | 2 | | level of classification of offense.
| 3 | | (c-5) Notwithstanding any other provision of law, in all | 4 | | cases in which
the
imposition of the death penalty is not a | 5 | | possibility, if an alleged fact (other
than the fact of a prior | 6 | | conviction) is not an element of an offense but is
sought to be | 7 | | used to increase the range of penalties for the offense beyond | 8 | | the
statutory maximum that could otherwise be imposed for the | 9 | | offense, the alleged
fact must be included in the charging | 10 | | instrument or otherwise provided to the
defendant through a | 11 | | written notification before trial, submitted to a trier
of fact | 12 | | as an aggravating factor, and proved beyond a reasonable doubt.
| 13 | | Failure to prove the fact beyond a reasonable doubt is not a | 14 | | bar to a
conviction
for commission of the offense, but is a bar | 15 | | to increasing, based on that fact,
the range of penalties for | 16 | | the offense beyond the statutory maximum that could
otherwise | 17 | | be imposed for that offense. Nothing in this subsection (c-5)
| 18 | | requires the
imposition of a sentence that increases the range | 19 | | of penalties for the offense
beyond the statutory maximum that | 20 | | could otherwise be imposed for the offense if
the imposition of | 21 | | that sentence is not required by law.
| 22 | | (d) At any time prior to trial, the State on motion shall | 23 | | be permitted
to amend the charge, whether brought by | 24 | | indictment, information or
complaint, to make the charge comply | 25 | | with subsection (c) or (c-5) of this
Section. Nothing in | 26 | | Section 103-5 of this Code precludes such an
amendment or a |
| | | 10100HB2027ham001 | - 25 - | LRB101 04567 SLF 56741 a |
|
| 1 | | written notification made in accordance with subsection (c-5) | 2 | | of
this Section.
| 3 | | (e) The provisions of subsection (a) of Section 5-4.5-95 of | 4 | | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
before | 5 | | its repeal on the effective date of this amendatory Act of the | 6 | | 101st General Assembly shall not be affected by this Section.
| 7 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
| 8 | | Section 25. The Unified Code of Corrections is amended by | 9 | | changing Sections 3-2-2, 3-3-3, and 3-6-3 as follows:
| 10 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 11 | | Sec. 3-2-2. Powers and duties of the Department.
| 12 | | (1) In addition to the powers, duties, and responsibilities | 13 | | which are
otherwise provided by law, the Department shall have | 14 | | the following powers:
| 15 | | (a) To accept persons committed to it by the courts of | 16 | | this State for
care, custody, treatment and | 17 | | rehabilitation, and to accept federal prisoners and aliens | 18 | | over whom the Office of the Federal Detention Trustee is | 19 | | authorized to exercise the federal detention function for | 20 | | limited purposes and periods of time.
| 21 | | (b) To develop and maintain reception and evaluation | 22 | | units for purposes
of analyzing the custody and | 23 | | rehabilitation needs of persons committed to
it and to | 24 | | assign such persons to institutions and programs under its |
| | | 10100HB2027ham001 | - 26 - | LRB101 04567 SLF 56741 a |
|
| 1 | | control
or transfer them to other appropriate agencies. In | 2 | | consultation with the
Department of Alcoholism and | 3 | | Substance Abuse (now the Department of Human
Services), the | 4 | | Department of Corrections
shall develop a master plan for | 5 | | the screening and evaluation of persons
committed to its | 6 | | custody who have alcohol or drug abuse problems, and for
| 7 | | making appropriate treatment available to such persons; | 8 | | the Department
shall report to the General Assembly on such | 9 | | plan not later than April 1,
1987. The maintenance and | 10 | | implementation of such plan shall be contingent
upon the | 11 | | availability of funds.
| 12 | | (b-1) To create and implement, on January 1, 2002, a | 13 | | pilot
program to
establish the effectiveness of | 14 | | pupillometer technology (the measurement of the
pupil's
| 15 | | reaction to light) as an alternative to a urine test for | 16 | | purposes of screening
and evaluating
persons committed to | 17 | | its custody who have alcohol or drug problems. The
pilot | 18 | | program shall require the pupillometer technology to be | 19 | | used in at
least one Department of
Corrections facility. | 20 | | The Director may expand the pilot program to include an
| 21 | | additional facility or
facilities as he or she deems | 22 | | appropriate.
A minimum of 4,000 tests shall be included in | 23 | | the pilot program.
The
Department must report to the
| 24 | | General Assembly on the
effectiveness of the program by | 25 | | January 1, 2003.
| 26 | | (b-5) To develop, in consultation with the Department |
| | | 10100HB2027ham001 | - 27 - | LRB101 04567 SLF 56741 a |
|
| 1 | | of State Police, a
program for tracking and evaluating each | 2 | | inmate from commitment through release
for recording his or | 3 | | her gang affiliations, activities, or ranks.
| 4 | | (c) To maintain and administer all State correctional | 5 | | institutions and
facilities under its control and to | 6 | | establish new ones as needed. Pursuant
to its power to | 7 | | establish new institutions and facilities, the Department
| 8 | | may, with the written approval of the Governor, authorize | 9 | | the Department of
Central Management Services to enter into | 10 | | an agreement of the type
described in subsection (d) of | 11 | | Section 405-300 of the
Department
of Central Management | 12 | | Services Law (20 ILCS 405/405-300). The Department shall
| 13 | | designate those institutions which
shall constitute the | 14 | | State Penitentiary System.
| 15 | | Pursuant to its power to establish new institutions and | 16 | | facilities, the
Department may authorize the Department of | 17 | | Central Management Services to
accept bids from counties | 18 | | and municipalities for the construction,
remodeling or | 19 | | conversion of a structure to be leased to the Department of
| 20 | | Corrections for the purposes of its serving as a | 21 | | correctional institution
or facility. Such construction, | 22 | | remodeling or conversion may be financed
with revenue bonds | 23 | | issued pursuant to the Industrial Building Revenue Bond
Act | 24 | | by the municipality or county. The lease specified in a bid | 25 | | shall be
for a term of not less than the time needed to | 26 | | retire any revenue bonds
used to finance the project, but |
| | | 10100HB2027ham001 | - 28 - | LRB101 04567 SLF 56741 a |
|
| 1 | | not to exceed 40 years. The lease may
grant to the State | 2 | | the option to purchase the structure outright.
| 3 | | Upon receipt of the bids, the Department may certify | 4 | | one or more of the
bids and shall submit any such bids to | 5 | | the General Assembly for approval.
Upon approval of a bid | 6 | | by a constitutional majority of both houses of the
General | 7 | | Assembly, pursuant to joint resolution, the Department of | 8 | | Central
Management Services may enter into an agreement | 9 | | with the county or
municipality pursuant to such bid.
| 10 | | (c-5) To build and maintain regional juvenile | 11 | | detention centers and to
charge a per diem to the counties | 12 | | as established by the Department to defray
the costs of | 13 | | housing each minor in a center. In this subsection (c-5),
| 14 | | "juvenile
detention center" means a facility to house | 15 | | minors during pendency of trial who
have been transferred | 16 | | from proceedings under the Juvenile Court Act of 1987 to
| 17 | | prosecutions under the criminal laws of this State in | 18 | | accordance with Section
5-805 of the Juvenile Court Act of | 19 | | 1987, whether the transfer was by operation
of
law or | 20 | | permissive under that Section. The Department shall | 21 | | designate the
counties to be served by each regional | 22 | | juvenile detention center.
| 23 | | (d) To develop and maintain programs of control, | 24 | | rehabilitation and
employment of committed persons within | 25 | | its institutions.
| 26 | | (d-5) To provide a pre-release job preparation program |
| | | 10100HB2027ham001 | - 29 - | LRB101 04567 SLF 56741 a |
|
| 1 | | for inmates at Illinois adult correctional centers.
| 2 | | (d-10) To provide educational and visitation | 3 | | opportunities to committed persons within its institutions | 4 | | through temporary access to content-controlled tablets | 5 | | that may be provided as a privilege to committed persons to | 6 | | induce or reward compliance. | 7 | | (e) To establish a system of supervision and guidance | 8 | | of committed persons
in the community.
| 9 | | (f) To establish in cooperation with the Department of | 10 | | Transportation
to supply a sufficient number of prisoners | 11 | | for use by the Department of
Transportation to clean up the | 12 | | trash and garbage along State, county,
township, or | 13 | | municipal highways as designated by the Department of
| 14 | | Transportation. The Department of Corrections, at the | 15 | | request of the
Department of Transportation, shall furnish | 16 | | such prisoners at least
annually for a period to be agreed | 17 | | upon between the Director of
Corrections and the Secretary | 18 | | of Transportation. The prisoners used on this
program shall | 19 | | be selected by the Director of Corrections on whatever | 20 | | basis
he deems proper in consideration of their term, | 21 | | behavior and earned eligibility
to participate in such | 22 | | program - where they will be outside of the prison
facility | 23 | | but still in the custody of the Department of Corrections. | 24 | | Prisoners
convicted of first degree murder, or a Class X | 25 | | felony, or armed violence, or
aggravated kidnapping, or | 26 | | criminal sexual assault, aggravated criminal sexual
abuse |
| | | 10100HB2027ham001 | - 30 - | LRB101 04567 SLF 56741 a |
|
| 1 | | or a subsequent conviction for criminal sexual abuse, or | 2 | | forcible
detention, or arson, or a prisoner adjudged a | 3 | | Habitual Criminal before the effective date of this | 4 | | amendatory Act of the 101st General Assembly shall not be
| 5 | | eligible for selection to participate in such program. The | 6 | | prisoners shall
remain as prisoners in the custody of the | 7 | | Department of Corrections and such
Department shall | 8 | | furnish whatever security is necessary. The Department of
| 9 | | Transportation shall furnish trucks and equipment for the | 10 | | highway cleanup
program and personnel to supervise and | 11 | | direct the program. Neither the
Department of Corrections | 12 | | nor the Department of Transportation shall replace
any | 13 | | regular employee with a prisoner.
| 14 | | (g) To maintain records of persons committed to it and | 15 | | to establish
programs of research, statistics and | 16 | | planning.
| 17 | | (h) To investigate the grievances of any person | 18 | | committed to the
Department, to inquire into any alleged | 19 | | misconduct by employees
or committed persons, and to | 20 | | investigate the assets
of committed persons to implement | 21 | | Section 3-7-6 of this Code; and for
these purposes it may | 22 | | issue subpoenas and compel the attendance of witnesses
and | 23 | | the production of writings and papers, and may examine | 24 | | under oath any
witnesses who may appear before it; to also | 25 | | investigate alleged violations
of a parolee's or | 26 | | releasee's conditions of parole or release; and for this
|
| | | 10100HB2027ham001 | - 31 - | LRB101 04567 SLF 56741 a |
|
| 1 | | purpose it may issue subpoenas and compel the attendance of | 2 | | witnesses and
the production of documents only if there is | 3 | | reason to believe that such
procedures would provide | 4 | | evidence that such violations have occurred.
| 5 | | If any person fails to obey a subpoena issued under | 6 | | this subsection,
the Director may apply to any circuit | 7 | | court to secure compliance with the
subpoena. The failure | 8 | | to comply with the order of the court issued in
response | 9 | | thereto shall be punishable as contempt of court.
| 10 | | (i) To appoint and remove the chief administrative | 11 | | officers, and
administer
programs of training and | 12 | | development of personnel of the Department. Personnel
| 13 | | assigned by the Department to be responsible for the
| 14 | | custody and control of committed persons or to investigate | 15 | | the alleged
misconduct of committed persons or employees or | 16 | | alleged violations of a
parolee's or releasee's conditions | 17 | | of parole shall be conservators of the peace
for those | 18 | | purposes, and shall have the full power of peace officers | 19 | | outside
of the facilities of the Department in the | 20 | | protection, arrest, retaking
and reconfining of committed | 21 | | persons or where the exercise of such power
is necessary to | 22 | | the investigation of such misconduct or violations. This | 23 | | subsection shall not apply to persons committed to the | 24 | | Department of Juvenile Justice under the Juvenile Court Act | 25 | | of 1987 on aftercare release.
| 26 | | (j) To cooperate with other departments and agencies |
| | | 10100HB2027ham001 | - 32 - | LRB101 04567 SLF 56741 a |
|
| 1 | | and with local
communities for the development of standards | 2 | | and programs for better
correctional services in this | 3 | | State.
| 4 | | (k) To administer all moneys and properties of the | 5 | | Department.
| 6 | | (l) To report annually to the Governor on the committed
| 7 | | persons, institutions and programs of the Department.
| 8 | | (l-5) (Blank).
| 9 | | (m) To make all rules and regulations and exercise all | 10 | | powers and duties
vested by law in the Department.
| 11 | | (n) To establish rules and regulations for | 12 | | administering a system of
sentence credits, established in | 13 | | accordance with Section 3-6-3, subject
to review by the | 14 | | Prisoner Review Board.
| 15 | | (o) To administer the distribution of funds
from the | 16 | | State Treasury to reimburse counties where State penal
| 17 | | institutions are located for the payment of assistant | 18 | | state's attorneys'
salaries under Section 4-2001 of the | 19 | | Counties Code.
| 20 | | (p) To exchange information with the Department of | 21 | | Human Services and the
Department of Healthcare and Family | 22 | | Services
for the purpose of verifying living arrangements | 23 | | and for other purposes
directly connected with the | 24 | | administration of this Code and the Illinois
Public Aid | 25 | | Code.
| 26 | | (q) To establish a diversion program.
|
| | | 10100HB2027ham001 | - 33 - | LRB101 04567 SLF 56741 a |
|
| 1 | | The program shall provide a structured environment for | 2 | | selected
technical parole or mandatory supervised release | 3 | | violators and committed
persons who have violated the rules | 4 | | governing their conduct while in work
release. This program | 5 | | shall not apply to those persons who have committed
a new | 6 | | offense while serving on parole or mandatory supervised | 7 | | release or
while committed to work release.
| 8 | | Elements of the program shall include, but shall not be | 9 | | limited to, the
following:
| 10 | | (1) The staff of a diversion facility shall provide | 11 | | supervision in
accordance with required objectives set | 12 | | by the facility.
| 13 | | (2) Participants shall be required to maintain | 14 | | employment.
| 15 | | (3) Each participant shall pay for room and board | 16 | | at the facility on a
sliding-scale basis according to | 17 | | the participant's income.
| 18 | | (4) Each participant shall:
| 19 | | (A) provide restitution to victims in | 20 | | accordance with any court order;
| 21 | | (B) provide financial support to his | 22 | | dependents; and
| 23 | | (C) make appropriate payments toward any other | 24 | | court-ordered
obligations.
| 25 | | (5) Each participant shall complete community | 26 | | service in addition to
employment.
|
| | | 10100HB2027ham001 | - 34 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (6) Participants shall take part in such | 2 | | counseling, educational and
other programs as the | 3 | | Department may deem appropriate.
| 4 | | (7) Participants shall submit to drug and alcohol | 5 | | screening.
| 6 | | (8) The Department shall promulgate rules | 7 | | governing the administration
of the program.
| 8 | | (r) To enter into intergovernmental cooperation | 9 | | agreements under which
persons in the custody of the | 10 | | Department may participate in a county impact
| 11 | | incarceration program established under Section 3-6038 or | 12 | | 3-15003.5 of the
Counties Code.
| 13 | | (r-5) (Blank).
| 14 | | (r-10) To systematically and routinely identify with | 15 | | respect to each
streetgang active within the correctional | 16 | | system: (1) each active gang; (2)
every existing inter-gang | 17 | | affiliation or alliance; and (3) the current leaders
in | 18 | | each gang. The Department shall promptly segregate leaders | 19 | | from inmates who
belong to their gangs and allied gangs. | 20 | | "Segregate" means no physical contact
and, to the extent | 21 | | possible under the conditions and space available at the
| 22 | | correctional facility, prohibition of visual and sound | 23 | | communication. For the
purposes of this paragraph (r-10), | 24 | | "leaders" means persons who:
| 25 | | (i) are members of a criminal streetgang;
| 26 | | (ii) with respect to other individuals within the |
| | | 10100HB2027ham001 | - 35 - | LRB101 04567 SLF 56741 a |
|
| 1 | | streetgang, occupy a
position of organizer, | 2 | | supervisor, or other position of management or
| 3 | | leadership; and
| 4 | | (iii) are actively and personally engaged in | 5 | | directing, ordering,
authorizing, or requesting | 6 | | commission of criminal acts by others, which are
| 7 | | punishable as a felony, in furtherance of streetgang | 8 | | related activity both
within and outside of the | 9 | | Department of Corrections.
| 10 | | "Streetgang", "gang", and "streetgang related" have the | 11 | | meanings ascribed to
them in Section 10 of the Illinois | 12 | | Streetgang Terrorism Omnibus Prevention
Act.
| 13 | | (s) To operate a super-maximum security institution, | 14 | | in order to
manage and
supervise inmates who are disruptive | 15 | | or dangerous and provide for the safety
and security of the | 16 | | staff and the other inmates.
| 17 | | (t) To monitor any unprivileged conversation or any | 18 | | unprivileged
communication, whether in person or by mail, | 19 | | telephone, or other means,
between an inmate who, before | 20 | | commitment to the Department, was a member of an
organized | 21 | | gang and any other person without the need to show cause or | 22 | | satisfy
any other requirement of law before beginning the | 23 | | monitoring, except as
constitutionally required. The | 24 | | monitoring may be by video, voice, or other
method of | 25 | | recording or by any other means. As used in this | 26 | | subdivision (1)(t),
"organized gang" has the meaning |
| | | 10100HB2027ham001 | - 36 - | LRB101 04567 SLF 56741 a |
|
| 1 | | ascribed to it in Section 10 of the Illinois
Streetgang | 2 | | Terrorism Omnibus Prevention Act.
| 3 | | As used in this subdivision (1)(t), "unprivileged | 4 | | conversation" or
"unprivileged communication" means a | 5 | | conversation or communication that is not
protected by any | 6 | | privilege recognized by law or by decision, rule, or order | 7 | | of
the Illinois Supreme Court.
| 8 | | (u) To establish a Women's and Children's Pre-release | 9 | | Community
Supervision
Program for the purpose of providing | 10 | | housing and services to eligible female
inmates, as | 11 | | determined by the Department, and their newborn and young
| 12 | | children.
| 13 | | (u-5) To issue an order, whenever a person committed to | 14 | | the Department absconds or absents himself or herself, | 15 | | without authority to do so, from any facility or program to | 16 | | which he or she is assigned. The order shall be certified | 17 | | by the Director, the Supervisor of the Apprehension Unit, | 18 | | or any person duly designated by the Director, with the | 19 | | seal of the Department affixed. The order shall be directed | 20 | | to all sheriffs, coroners, and police officers, or to any | 21 | | particular person named in the order. Any order issued | 22 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 23 | | warrant for the officer or person named in the order to | 24 | | arrest and deliver the committed person to the proper | 25 | | correctional officials and shall be executed the same as | 26 | | criminal process. |
| | | 10100HB2027ham001 | - 37 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (v) To do all other acts necessary to carry out the | 2 | | provisions
of this Chapter.
| 3 | | (2) The Department of Corrections shall by January 1, 1998, | 4 | | consider
building and operating a correctional facility within | 5 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 6 | | a facility designed to house juvenile
participants in the | 7 | | impact incarceration program.
| 8 | | (3) When the Department lets bids for contracts for medical
| 9 | | services to be provided to persons committed to Department | 10 | | facilities by
a health maintenance organization, medical | 11 | | service corporation, or other
health care provider, the bid may | 12 | | only be let to a health care provider
that has obtained an | 13 | | irrevocable letter of credit or performance bond
issued by a | 14 | | company whose bonds have an investment grade or higher rating | 15 | | by a bond rating
organization.
| 16 | | (4) When the Department lets bids for
contracts for food or | 17 | | commissary services to be provided to
Department facilities, | 18 | | the bid may only be let to a food or commissary
services | 19 | | provider that has obtained an irrevocable letter of
credit or | 20 | | performance bond issued by a company whose bonds have an | 21 | | investment grade or higher rating by a bond rating | 22 | | organization.
| 23 | | (5) On and after the date 6 months after August 16, 2013 | 24 | | (the effective date of Public Act 98-488), as provided in the | 25 | | Executive Order 1 (2012) Implementation Act, all of the powers, | 26 | | duties, rights, and responsibilities related to State |
| | | 10100HB2027ham001 | - 38 - | LRB101 04567 SLF 56741 a |
|
| 1 | | healthcare purchasing under this Code that were transferred | 2 | | from the Department of Corrections to the Department of | 3 | | Healthcare and Family Services by Executive Order 3 (2005) are | 4 | | transferred back to the Department of Corrections; however, | 5 | | powers, duties, rights, and responsibilities related to State | 6 | | healthcare purchasing under this Code that were exercised by | 7 | | the Department of Corrections before the effective date of | 8 | | Executive Order 3 (2005) but that pertain to individuals | 9 | | resident in facilities operated by the Department of Juvenile | 10 | | Justice are transferred to the Department of Juvenile Justice. | 11 | | (Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 12 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 13 | | Sec. 3-3-3. Eligibility for parole or release.
| 14 | | (a) Except for those offenders who accept the fixed release
| 15 | | date established by the Prisoner Review Board under Section
| 16 | | 3-3-2.1, every person serving a term of imprisonment under
the | 17 | | law in effect prior to the effective date of this
amendatory | 18 | | Act of 1977 shall be eligible for parole when
he or she has | 19 | | served:
| 20 | | (1) the minimum term of an indeterminate sentence less
| 21 | | time credit for good behavior, or 20 years less time credit
| 22 | | for good behavior, whichever is less; or
| 23 | | (2) 20 years of a life sentence less time credit for | 24 | | good behavior; or
| 25 | | (3) 20 years or one-third of a determinate sentence,
|
| | | 10100HB2027ham001 | - 39 - | LRB101 04567 SLF 56741 a |
|
| 1 | | whichever is less, less time credit for good behavior.
| 2 | | (b) No person sentenced under this amendatory Act of 1977 | 3 | | or who accepts
a release date under Section 3-3-2.1 shall be | 4 | | eligible for parole.
| 5 | | (c) Except for those sentenced to a term of natural
life | 6 | | imprisonment, every person sentenced to imprisonment
under | 7 | | this amendatory Act of 1977 or given a release date
under | 8 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 9 | | determinate sentence less time credit for good behavior
and | 10 | | shall then be released under the mandatory supervised
release | 11 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 12 | | (d) No person serving a term of natural life imprisonment | 13 | | may be paroled
or released except through executive clemency.
| 14 | | (d-5) Notwithstanding any provision of law to the contrary, | 15 | | a person convicted under Section 24-1.7 of the Criminal Code of | 16 | | 2012 or Section 5-4.5-95 of this Code before their repeal on | 17 | | the effective date of this amendatory Act of the 101st General | 18 | | Assembly shall not be eligible for consideration of conditions | 19 | | of parole or mandatory supervised release if any of his or her | 20 | | convictions under those statutes was first degree murder, | 21 | | second degree murder, or any offense under Article 11 of the | 22 | | Criminal Code of 2012 or the Criminal Code of 1961. | 23 | | (e) Every person committed to the Department of Juvenile | 24 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 25 | | the State correctional
institutions or facilities if such | 26 | | juvenile has not been
tried as an adult shall be eligible for |
| | | 10100HB2027ham001 | - 40 - | LRB101 04567 SLF 56741 a |
|
| 1 | | aftercare release under Section 3-2.5-85 of this Code.
However, | 2 | | if a juvenile has been tried as an adult he or she shall
only be | 3 | | eligible for parole or mandatory supervised release
as an adult | 4 | | under this Section.
| 5 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 8 | | (a)(1) The Department of Corrections shall prescribe rules
| 9 | | and regulations for awarding and revoking sentence credit for | 10 | | persons committed to the Department which shall
be subject to | 11 | | review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may be | 13 | | awarded for the following: | 14 | | (A) successful completion of programming while in | 15 | | custody of the Department or while in custody prior to | 16 | | sentencing; | 17 | | (B) compliance with the rules and regulations of the | 18 | | Department; or | 19 | | (C) service to the institution, service to a community, | 20 | | or service to the State. | 21 | | (2) Except as provided in paragraph (4.7) of this | 22 | | subsection (a), the rules and regulations on sentence credit | 23 | | shall provide, with
respect to offenses listed in clause (i), | 24 | | (ii), or (iii) of this paragraph (2) committed on or after June | 25 | | 19, 1998 or with respect to the offense listed in clause (iv) |
| | | 10100HB2027ham001 | - 41 - | LRB101 04567 SLF 56741 a |
|
| 1 | | of this paragraph (2) committed on or after June 23, 2005 (the | 2 | | effective date of Public Act 94-71) or with
respect to offense | 3 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 4 | | effective date of Public Act 95-625)
but before the effective | 5 | | date of this amendatory Act of the 101st General Assembly or | 6 | | with respect to the offense of being an armed habitual criminal | 7 | | committed on or after August 2, 2005 (the effective date of | 8 | | Public Act 94-398) or with respect to the offenses listed in | 9 | | clause (v) of this paragraph (2) committed on or after August | 10 | | 13, 2007 (the effective date of Public Act 95-134) or with | 11 | | respect to the offense of aggravated domestic battery committed | 12 | | on or after July 23, 2010 (the effective date of Public Act | 13 | | 96-1224) or with respect to the offense of attempt to commit | 14 | | terrorism committed on or after January 1, 2013 (the effective | 15 | | date of Public Act 97-990), the following:
| 16 | | (i) that a prisoner who is serving a term of | 17 | | imprisonment for first
degree murder or for the offense of | 18 | | terrorism shall receive no sentence
credit and shall serve | 19 | | the entire
sentence imposed by the court;
| 20 | | (ii) that a prisoner serving a sentence for attempt to | 21 | | commit terrorism, attempt to commit first
degree murder, | 22 | | solicitation of murder, solicitation of murder for hire,
| 23 | | intentional homicide of an unborn child, predatory | 24 | | criminal sexual assault of a
child, aggravated criminal | 25 | | sexual assault, criminal sexual assault, aggravated
| 26 | | kidnapping, aggravated battery with a firearm as described |
| | | 10100HB2027ham001 | - 42 - | LRB101 04567 SLF 56741 a |
|
| 1 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 2 | | (e)(4) of Section 12-3.05, heinous battery as described in | 3 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 4 | | being an armed habitual criminal before the effective date | 5 | | of this amendatory Act of the 101st General Assembly , | 6 | | aggravated
battery of a senior citizen as described in | 7 | | Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 8 | | aggravated battery of a child as described in Section | 9 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 10 | | receive no
more than 4.5 days of sentence credit for each | 11 | | month of his or her sentence
of imprisonment;
| 12 | | (iii) that a prisoner serving a sentence
for home | 13 | | invasion, armed robbery, aggravated vehicular hijacking,
| 14 | | aggravated discharge of a firearm, or armed violence with a | 15 | | category I weapon
or category II weapon, when the court
has | 16 | | made and entered a finding, pursuant to subsection (c-1) of | 17 | | Section 5-4-1
of this Code, that the conduct leading to | 18 | | conviction for the enumerated offense
resulted in great | 19 | | bodily harm to a victim, shall receive no more than 4.5 | 20 | | days
of sentence credit for each month of his or her | 21 | | sentence of imprisonment;
| 22 | | (iv) that a prisoner serving a sentence for aggravated | 23 | | discharge of a firearm, whether or not the conduct leading | 24 | | to conviction for the offense resulted in great bodily harm | 25 | | to the victim, shall receive no more than 4.5 days of | 26 | | sentence credit for each month of his or her sentence of |
| | | 10100HB2027ham001 | - 43 - | LRB101 04567 SLF 56741 a |
|
| 1 | | imprisonment;
| 2 | | (v) that a person serving a sentence for gunrunning, | 3 | | narcotics racketeering, controlled substance trafficking, | 4 | | methamphetamine trafficking, drug-induced homicide, | 5 | | aggravated methamphetamine-related child endangerment, | 6 | | money laundering pursuant to clause (c) (4) or (5) of | 7 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012, or a Class X felony conviction for delivery | 9 | | of a controlled substance, possession of a controlled | 10 | | substance with intent to manufacture or deliver, | 11 | | calculated criminal drug conspiracy, criminal drug | 12 | | conspiracy, street gang criminal drug conspiracy, | 13 | | participation in methamphetamine manufacturing, aggravated | 14 | | participation in methamphetamine manufacturing, delivery | 15 | | of methamphetamine, possession with intent to deliver | 16 | | methamphetamine, aggravated delivery of methamphetamine, | 17 | | aggravated possession with intent to deliver | 18 | | methamphetamine, methamphetamine conspiracy when the | 19 | | substance containing the controlled substance or | 20 | | methamphetamine is 100 grams or more shall receive no more | 21 | | than 7.5 days sentence credit for each month of his or her | 22 | | sentence of imprisonment;
| 23 | | (vi)
that a prisoner serving a sentence for a second or | 24 | | subsequent offense of luring a minor shall receive no more | 25 | | than 4.5 days of sentence credit for each month of his or | 26 | | her sentence of imprisonment; and
|
| | | 10100HB2027ham001 | - 44 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (vii) that a prisoner serving a sentence for aggravated | 2 | | domestic battery shall receive no more than 4.5 days of | 3 | | sentence credit for each month of his or her sentence of | 4 | | imprisonment. | 5 | | (2.1) For all offenses, other than those enumerated in | 6 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 7 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 8 | | June 23, 2005 (the effective date of Public Act 94-71) or | 9 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 10 | | (the effective date of Public Act 95-134)
or subdivision | 11 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 12 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | 13 | | on or after July 23, 2010 (the effective date of Public Act | 14 | | 96-1224), and other than the offense 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 (F) of paragraph (1) of subsection | 18 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | 19 | | than the offense of aggravated driving under the influence of | 20 | | alcohol,
other drug or drugs, or intoxicating compound or | 21 | | compounds, or any combination
thereof as defined in | 22 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 23 | | 11-501 of the Illinois Vehicle Code committed on or after | 24 | | January 1, 2011 (the effective date of Public Act 96-1230),
the | 25 | | rules and regulations shall
provide that a prisoner who is | 26 | | serving a term of
imprisonment shall receive one day of |
| | | 10100HB2027ham001 | - 45 - | LRB101 04567 SLF 56741 a |
|
| 1 | | sentence credit for each day of
his or her sentence of | 2 | | imprisonment or recommitment under Section 3-3-9.
Each day of | 3 | | sentence credit shall reduce by one day the prisoner's period
| 4 | | of imprisonment or recommitment under Section 3-3-9.
| 5 | | (2.2) A prisoner serving a term of natural life | 6 | | imprisonment or a
prisoner who has been sentenced to death | 7 | | shall receive no sentence
credit.
| 8 | | (2.3) Except as provided in paragraph (4.7) of this | 9 | | subsection (a), the rules and regulations on sentence credit | 10 | | shall provide that
a prisoner who is serving a sentence for | 11 | | aggravated driving under the influence of alcohol,
other drug | 12 | | or drugs, or intoxicating compound or compounds, or any | 13 | | combination
thereof as defined in subparagraph (F) of paragraph | 14 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 15 | | Code, shall receive no more than 4.5
days of sentence credit | 16 | | for each month of his or her sentence of
imprisonment.
| 17 | | (2.4) Except as provided in paragraph (4.7) of this | 18 | | subsection (a), the rules and regulations on sentence credit | 19 | | shall provide with
respect to the offenses of aggravated | 20 | | battery with a machine gun or a firearm
equipped with any | 21 | | device or attachment designed or used for silencing the
report | 22 | | of a firearm or aggravated discharge of a machine gun or a | 23 | | firearm
equipped with any device or attachment designed or used | 24 | | for silencing the
report of a firearm, committed on or after
| 25 | | July 15, 1999 (the effective date of Public Act 91-121),
that a | 26 | | prisoner serving a sentence for any of these offenses shall |
| | | 10100HB2027ham001 | - 46 - | LRB101 04567 SLF 56741 a |
|
| 1 | | receive no
more than 4.5 days of sentence credit for each month | 2 | | of his or her sentence
of imprisonment.
| 3 | | (2.5) Except as provided in paragraph (4.7) of this | 4 | | subsection (a), the rules and regulations on sentence credit | 5 | | shall provide that a
prisoner who is serving a sentence for | 6 | | aggravated arson committed on or after
July 27, 2001 (the | 7 | | effective date of Public Act 92-176) shall receive no more than
| 8 | | 4.5 days of sentence credit for each month of his or her | 9 | | sentence of
imprisonment.
| 10 | | (2.6) Except as provided in paragraph (4.7) of this | 11 | | subsection (a), the rules and regulations on sentence credit | 12 | | shall provide that a
prisoner who is serving a sentence for | 13 | | aggravated driving under the influence of alcohol,
other drug | 14 | | or drugs, or intoxicating compound or compounds or any | 15 | | combination
thereof as defined in subparagraph (C) of paragraph | 16 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 17 | | Code committed on or after January 1, 2011 (the effective date | 18 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 19 | | sentence credit for each month of his or her sentence of
| 20 | | imprisonment. | 21 | | (3) In addition to the sentence credits earned under | 22 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | 23 | | the rules and regulations shall also provide that
the Director | 24 | | may award up to 180 days of earned sentence
credit for good | 25 | | conduct in specific instances as the
Director deems proper. The | 26 | | good conduct may include, but is not limited to, compliance |
| | | 10100HB2027ham001 | - 47 - | LRB101 04567 SLF 56741 a |
|
| 1 | | with the rules and regulations of the Department, service to | 2 | | the Department, service to a community, or service to the | 3 | | State.
| 4 | | Eligible inmates for an award of earned sentence credit | 5 | | under
this paragraph (3) may be selected to receive the credit | 6 | | at
the Director's or his or her designee's sole discretion.
| 7 | | Eligibility for the additional earned sentence credit under | 8 | | this paragraph (3) shall be based on, but is not limited to, | 9 | | the results of any available risk/needs assessment or other | 10 | | relevant assessments or evaluations administered by the | 11 | | Department using a validated instrument, the circumstances of | 12 | | the crime, any history of conviction for a forcible felony | 13 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 14 | | inmate's behavior and disciplinary history while incarcerated, | 15 | | and the inmate's commitment to rehabilitation, including | 16 | | participation in programming offered by the Department. | 17 | | The Director shall not award sentence credit under this | 18 | | paragraph (3) to an inmate unless the inmate has served a | 19 | | minimum of 60 days of the sentence; except nothing in this | 20 | | paragraph shall be construed to permit the Director to extend | 21 | | an inmate's sentence beyond that which was imposed by the | 22 | | court. Prior to awarding credit under this paragraph (3), the | 23 | | Director shall make a written determination that the inmate: | 24 | | (A) is eligible for the earned sentence credit; | 25 | | (B) has served a minimum of 60 days, or as close to 60 | 26 | | days as the sentence will allow; |
| | | 10100HB2027ham001 | - 48 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (B-1) has received a risk/needs assessment or other | 2 | | relevant evaluation or assessment administered by the | 3 | | Department using a validated instrument; and | 4 | | (C) has met the eligibility criteria established by | 5 | | rule for earned sentence credit. | 6 | | The Director shall determine the form and content of the | 7 | | written determination required in this subsection. | 8 | | (3.5) The Department shall provide annual written reports | 9 | | to the Governor and the General Assembly on the award of earned | 10 | | sentence credit no later than February 1 of each year. The | 11 | | Department must publish both reports on its website within 48 | 12 | | hours of transmitting the reports to the Governor and the | 13 | | General Assembly. The reports must include: | 14 | | (A) the number of inmates awarded earned sentence | 15 | | credit; | 16 | | (B) the average amount of earned sentence credit | 17 | | awarded; | 18 | | (C) the holding offenses of inmates awarded earned | 19 | | sentence credit; and | 20 | | (D) the number of earned sentence credit revocations. | 21 | | (4) Except as provided in paragraph (4.7) of this | 22 | | subsection (a), the rules and regulations shall also provide | 23 | | that the sentence
credit accumulated and retained under | 24 | | paragraph (2.1) of subsection (a) of
this Section by any inmate | 25 | | during specific periods of time in which such
inmate is engaged | 26 | | full-time in substance abuse programs, correctional
industry |
| | | 10100HB2027ham001 | - 49 - | LRB101 04567 SLF 56741 a |
|
| 1 | | assignments, educational programs, behavior modification | 2 | | programs, life skills courses, or re-entry planning provided by | 3 | | the Department
under this paragraph (4) and satisfactorily | 4 | | completes the assigned program as
determined by the standards | 5 | | of the Department, shall be multiplied by a factor
of 1.25 for | 6 | | program participation before August 11, 1993
and 1.50 for | 7 | | program participation on or after that date.
The rules and | 8 | | regulations shall also provide that sentence credit, subject to | 9 | | the same offense limits and multiplier provided in this | 10 | | paragraph, may be provided to an inmate who was held in | 11 | | pre-trial detention prior to his or her current commitment to | 12 | | the Department of Corrections and successfully completed a | 13 | | full-time, 60-day or longer substance abuse program, | 14 | | educational program, behavior modification program, life | 15 | | skills course, or re-entry planning provided by the county | 16 | | department of corrections or county jail. Calculation of this | 17 | | county program credit shall be done at sentencing as provided | 18 | | in Section 5-4.5-100 of this Code and shall be included in the | 19 | | sentencing order. However, no inmate shall be eligible for the | 20 | | additional sentence credit
under this paragraph (4) or (4.1) of | 21 | | this subsection (a) while assigned to a boot camp
or electronic | 22 | | detention.
| 23 | | Educational, vocational, substance abuse, behavior | 24 | | modification programs, life skills courses, re-entry planning, | 25 | | and correctional
industry programs under which sentence credit | 26 | | may be increased under
this paragraph (4) and paragraph (4.1) |
| | | 10100HB2027ham001 | - 50 - | LRB101 04567 SLF 56741 a |
|
| 1 | | of this subsection (a) shall be evaluated by the Department on | 2 | | the basis of
documented standards. The Department shall report | 3 | | the results of these
evaluations to the Governor and the | 4 | | General Assembly by September 30th of each
year. The reports | 5 | | shall include data relating to the recidivism rate among
| 6 | | program participants.
| 7 | | Availability of these programs shall be subject to the
| 8 | | limits of fiscal resources appropriated by the General Assembly | 9 | | for these
purposes. Eligible inmates who are denied immediate | 10 | | admission shall be
placed on a waiting list under criteria | 11 | | established by the Department.
The inability of any inmate to | 12 | | become engaged in any such programs
by reason of insufficient | 13 | | program resources or for any other reason
established under the | 14 | | rules and regulations of the Department shall not be
deemed a | 15 | | cause of action under which the Department or any employee or
| 16 | | agent of the Department shall be liable for damages to the | 17 | | inmate.
| 18 | | (4.1) Except as provided in paragraph (4.7) of this | 19 | | subsection (a), the rules and regulations shall also provide | 20 | | that an additional 90 days of sentence credit shall be awarded | 21 | | to any prisoner who passes high school equivalency testing | 22 | | while the prisoner is committed to the Department of | 23 | | Corrections. The sentence credit awarded under this paragraph | 24 | | (4.1) shall be in addition to, and shall not affect, the award | 25 | | of sentence credit under any other paragraph of this Section, | 26 | | but shall also be pursuant to the guidelines and restrictions |
| | | 10100HB2027ham001 | - 51 - | LRB101 04567 SLF 56741 a |
|
| 1 | | set forth in paragraph (4) of subsection (a) of this Section.
| 2 | | The sentence credit provided for in this paragraph shall be | 3 | | available only to those prisoners who have not previously | 4 | | earned a high school diploma or a high school equivalency | 5 | | certificate. If, after an award of the high school equivalency | 6 | | testing sentence credit has been made, the Department | 7 | | determines that the prisoner was not eligible, then the award | 8 | | shall be revoked.
The Department may also award 90 days of | 9 | | sentence credit to any committed person who passed high school | 10 | | equivalency testing while he or she was held in pre-trial | 11 | | detention prior to the current commitment to the Department of | 12 | | Corrections. | 13 | | (4.5) The rules and regulations on sentence credit shall | 14 | | also provide that
when the court's sentencing order recommends | 15 | | a prisoner for substance abuse treatment and the
crime was | 16 | | committed on or after September 1, 2003 (the effective date of
| 17 | | Public Act 93-354), the prisoner shall receive no sentence | 18 | | credit awarded under clause (3) of this subsection (a) unless | 19 | | he or she participates in and
completes a substance abuse | 20 | | treatment program. The Director may waive the requirement to | 21 | | participate in or complete a substance abuse treatment program | 22 | | in specific instances if the prisoner is not a good candidate | 23 | | for a substance abuse treatment program for medical, | 24 | | programming, or operational reasons. Availability of
substance | 25 | | abuse treatment shall be subject to the limits of fiscal | 26 | | resources
appropriated by the General Assembly for these |
| | | 10100HB2027ham001 | - 52 - | LRB101 04567 SLF 56741 a |
|
| 1 | | purposes. If treatment is not
available and the requirement to | 2 | | participate and complete the treatment has not been waived by | 3 | | the Director, the prisoner shall be placed on a waiting list | 4 | | under criteria
established by the Department. The Director may | 5 | | allow a prisoner placed on
a waiting list to participate in and | 6 | | complete a substance abuse education class or attend substance
| 7 | | abuse self-help meetings in lieu of a substance abuse treatment | 8 | | program. A prisoner on a waiting list who is not placed in a | 9 | | substance abuse program prior to release may be eligible for a | 10 | | waiver and receive sentence credit under clause (3) of this | 11 | | subsection (a) at the discretion of the Director.
| 12 | | (4.6) The rules and regulations on sentence credit shall | 13 | | also provide that a prisoner who has been convicted of a sex | 14 | | offense as defined in Section 2 of the Sex Offender | 15 | | Registration Act shall receive no sentence credit unless he or | 16 | | she either has successfully completed or is participating in | 17 | | sex offender treatment as defined by the Sex Offender | 18 | | Management Board. However, prisoners who are waiting to receive | 19 | | treatment, but who are unable to do so due solely to the lack | 20 | | of resources on the part of the Department, may, at the | 21 | | Director's sole discretion, be awarded sentence credit at a | 22 | | rate as the Director shall determine. | 23 | | (4.7) On or after the effective date of this amendatory Act | 24 | | of the 100th General Assembly, sentence credit under paragraph | 25 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a | 26 | | prisoner who is serving a sentence for an offense described in |
| | | 10100HB2027ham001 | - 53 - | LRB101 04567 SLF 56741 a |
|
| 1 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 2 | | on or after the effective date of this amendatory Act of the | 3 | | 100th General Assembly; provided, the award of the credits | 4 | | under this paragraph (4.7) shall not reduce the sentence of the | 5 | | prisoner to less than the following amounts: | 6 | | (i) 85% of his or her sentence if the prisoner is | 7 | | required to serve 85% of his or her sentence; or | 8 | | (ii) 60% of his or her sentence if the prisoner is | 9 | | required to serve 75% of his or her sentence, except if the | 10 | | prisoner is serving a sentence for gunrunning his or her | 11 | | sentence shall not be reduced to less than 75%. | 12 | | This paragraph (4.7) shall not apply to a prisoner serving | 13 | | a sentence for an offense described in subparagraph (i) of | 14 | | paragraph (2) of this subsection (a). | 15 | | (5) Whenever the Department is to release any inmate | 16 | | earlier than it
otherwise would because of a grant of earned | 17 | | sentence credit under paragraph (3) of subsection (a) of this | 18 | | Section given at any time during the term, the Department shall | 19 | | give
reasonable notice of the impending release not less than | 20 | | 14 days prior to the date of the release to the State's
| 21 | | Attorney of the county where the prosecution of the inmate took | 22 | | place, and if applicable, the State's Attorney of the county | 23 | | into which the inmate will be released. The Department must | 24 | | also make identification information and a recent photo of the | 25 | | inmate being released accessible on the Internet by means of a | 26 | | hyperlink labeled "Community Notification of Inmate Early |
| | | 10100HB2027ham001 | - 54 - | LRB101 04567 SLF 56741 a |
|
| 1 | | Release" on the Department's World Wide Web homepage.
The | 2 | | identification information shall include the inmate's: name, | 3 | | any known alias, date of birth, physical characteristics, | 4 | | commitment offense and county where conviction was imposed. The | 5 | | identification information shall be placed on the website | 6 | | within 3 days of the inmate's release and the information may | 7 | | not be removed until either: completion of the first year of | 8 | | mandatory supervised release or return of the inmate to custody | 9 | | of the Department.
| 10 | | (b) Whenever a person is or has been committed under
| 11 | | several convictions, with separate sentences, the sentences
| 12 | | shall be construed under Section 5-8-4 in granting and
| 13 | | forfeiting of sentence credit.
| 14 | | (c) The Department shall prescribe rules and regulations
| 15 | | for revoking sentence credit, including revoking sentence | 16 | | credit awarded under paragraph (3) of subsection (a) of this | 17 | | Section. The Department shall prescribe rules and regulations | 18 | | for suspending or reducing
the rate of accumulation of sentence | 19 | | credit for specific
rule violations, during imprisonment. | 20 | | These rules and regulations
shall provide that no inmate may be | 21 | | penalized more than one
year of sentence credit for any one | 22 | | infraction.
| 23 | | When the Department seeks to revoke, suspend or reduce
the | 24 | | rate of accumulation of any sentence credits for
an alleged | 25 | | infraction of its rules, it shall bring charges
therefor | 26 | | against the prisoner sought to be so deprived of
sentence |
| | | 10100HB2027ham001 | - 55 - | LRB101 04567 SLF 56741 a |
|
| 1 | | credits before the Prisoner Review Board as
provided in | 2 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 3 | | amount of credit at issue exceeds 30 days or
when during any 12 | 4 | | month period, the cumulative amount of
credit revoked exceeds | 5 | | 30 days except where the infraction is committed
or discovered | 6 | | within 60 days of scheduled release. In those cases,
the | 7 | | Department of Corrections may revoke up to 30 days of sentence | 8 | | credit.
The Board may subsequently approve the revocation of | 9 | | additional sentence credit, if the Department seeks to revoke | 10 | | sentence credit in
excess of 30 days. However, the Board shall | 11 | | not be empowered to review the
Department's decision with | 12 | | respect to the loss of 30 days of sentence
credit within any | 13 | | calendar year for any prisoner or to increase any penalty
| 14 | | beyond the length requested by the Department.
| 15 | | The Director of the Department of Corrections, in | 16 | | appropriate cases, may
restore up to 30 days of sentence | 17 | | credits which have been revoked, suspended
or reduced. Any | 18 | | restoration of sentence credits in excess of 30 days shall
be | 19 | | subject to review by the Prisoner Review Board. However, the | 20 | | Board may not
restore sentence credit in excess of the amount | 21 | | requested by the Director.
| 22 | | Nothing contained in this Section shall prohibit the | 23 | | Prisoner Review Board
from ordering, pursuant to Section | 24 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 25 | | sentence imposed by the court that was not served due to the
| 26 | | accumulation of sentence credit.
|
| | | 10100HB2027ham001 | - 56 - | LRB101 04567 SLF 56741 a |
|
| 1 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 2 | | federal court
against the State, the Department of Corrections, | 3 | | or the Prisoner Review Board,
or against any of
their officers | 4 | | or employees, and the court makes a specific finding that a
| 5 | | pleading, motion, or other paper filed by the prisoner is | 6 | | frivolous, the
Department of Corrections shall conduct a | 7 | | hearing to revoke up to
180 days of sentence credit by bringing | 8 | | charges against the prisoner
sought to be deprived of the | 9 | | sentence credits before the Prisoner Review
Board as provided | 10 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 11 | | prisoner has not accumulated 180 days of sentence credit at the
| 12 | | time of the finding, then the Prisoner Review Board may revoke | 13 | | all
sentence credit accumulated by the prisoner.
| 14 | | For purposes of this subsection (d):
| 15 | | (1) "Frivolous" means that a pleading, motion, or other | 16 | | filing which
purports to be a legal document filed by a | 17 | | prisoner in his or her lawsuit meets
any or all of the | 18 | | following criteria:
| 19 | | (A) it lacks an arguable basis either in law or in | 20 | | fact;
| 21 | | (B) it is being presented for any improper purpose, | 22 | | such as to harass or
to cause unnecessary delay or | 23 | | needless increase in the cost of litigation;
| 24 | | (C) the claims, defenses, and other legal | 25 | | contentions therein are not
warranted by existing law | 26 | | or by a nonfrivolous argument for the extension,
|
| | | 10100HB2027ham001 | - 57 - | LRB101 04567 SLF 56741 a |
|
| 1 | | modification, or reversal of existing law or the | 2 | | establishment of new law;
| 3 | | (D) the allegations and other factual contentions | 4 | | do not have
evidentiary
support or, if specifically so | 5 | | identified, are not likely to have evidentiary
support | 6 | | after a reasonable opportunity for further | 7 | | investigation or discovery;
or
| 8 | | (E) the denials of factual contentions are not | 9 | | warranted on the
evidence, or if specifically so | 10 | | identified, are not reasonably based on a lack
of | 11 | | information or belief.
| 12 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 13 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 14 | | action under
Article X of the Code of Civil Procedure or | 15 | | under federal law (28 U.S.C. 2254),
a petition for claim | 16 | | under the Court of Claims Act, an action under the
federal | 17 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 18 | | subsequent petition for post-conviction relief under | 19 | | Article 122 of the Code of Criminal Procedure of 1963 | 20 | | whether filed with or without leave of court or a second or | 21 | | subsequent petition for relief from judgment under Section | 22 | | 2-1401 of the Code of Civil Procedure.
| 23 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 24 | | validity of Public Act 89-404.
| 25 | | (f) Whenever the Department is to release any inmate who | 26 | | has been convicted of a violation of an order of protection |
| | | 10100HB2027ham001 | - 58 - | LRB101 04567 SLF 56741 a |
|
| 1 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012, earlier than it
otherwise would | 3 | | because of a grant of sentence credit, the Department, as a | 4 | | condition of release, shall require that the person, upon | 5 | | release, be placed under electronic surveillance as provided in | 6 | | Section 5-8A-7 of this Code. | 7 | | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | 8 | | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18; 100-575, | 9 | | eff. 1-8-18.)
| 10 | | (730 ILCS 5/5-4.5-95 rep.) | 11 | | Section 30. The Unified Code of Corrections is amended by | 12 | | repealing Section 5-4.5-95.".
|
|