Full Text of HB3215 102nd General Assembly
HB3215ham001 102ND GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 4/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3215
| 2 | | AMENDMENT NO. ______. Amend House Bill 3215 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "ARTICLE 1. | 5 | | SHORT TITLE: INTENT | 6 | | "Section 1-1. Short title. This Act may be cited as the | 7 | | Securing All Futures through Equitable Reinvestment in | 8 | | Communities Act. | 9 | | Section 1-5. Intent. The intent of the Securing All | 10 | | Futures through Equitable Reinvestment in Communities Act is | 11 | | to facilitate the re-entry into society of formerly | 12 | | incarcerated individuals by restructuring criminal sentencing | 13 | | requirements to lower incarceration numbers and to create | 14 | | financial incentives, in the form of wage subsidies, for | 15 | | employers that hire formerly incarcerated individuals. |
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| 1 | | ARTICLE 5. | 2 | | SECURING ALL FUTURES THROUGH EQUITABLE | 3 | | REINVESTMENT IN COMMUNITIES PILOT PROGRAM | 4 | | Section 5-1. Short title. This Act may be cited as the | 5 | | Securing All Futures through Equitable Reinvestment in | 6 | | Communities Pilot Program Act. References in this Article to | 7 | | "this Act" means this Article. | 8 | | Section 5-5. Findings and purpose. In order to reverse the | 9 | | trend of high unemployment among formerly incarcerated | 10 | | individuals and to help spur the economy to recovery, it is | 11 | | necessary to assist individuals in accessing self supporting, | 12 | | full-time work. | 13 | | Section 5-10. Definitions. In this Act: | 14 | | "Applicant" means a person that is operating a business | 15 | | located within this State that: | 16 | | (1) is engaged in interstate or intrastate commerce; | 17 | | and | 18 | | (2) hires a participant for a position under a union | 19 | | contract, or for a position that offers a basic wage and | 20 | | benefits package as compensation. In the case of any | 21 | | person that is a member of a unitary business group within | 22 | | the meaning of paragraph (27) in subsection (a) of Section |
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| 1 | | 1501 of the Illinois Income Tax Act, "applicant" refers to | 2 | | the unitary business group. | 3 | | "Basic wage" means a minimum of $20 per hour as | 4 | | compensation. | 5 | | "Benefits package" means the new full-time employee's | 6 | | benefits outside of the employee's basic wage including: | 7 | | (1) a minimum of 5 days of earned sick time. | 8 | | (2) a minimum of 5 days of paid vacation. | 9 | | "Certificate of eligibility" means the certificate issued | 10 | | by the Department under Section 5-25 of this Act. | 11 | | "Wage subsidy" means the amount awarded by the Department | 12 | | to an applicant by issuance of a certificate under Section | 13 | | 5-30 of this Act for each participant hired. | 14 | | "Department" means the Department of Employment Security, | 15 | | unless the text specifies another particular Department. | 16 | | "Director" means the Director of Employment Security. | 17 | | "Full-time employee" means an individual who has a | 18 | | position under union contract or is employed for a basic wage | 19 | | for at least 35 hours each week and receives a benefits package | 20 | | as compensation.
| 21 | | "Date of hire" means the first day upon which the | 22 | | participant begins providing services as an employee of the | 23 | | applicant under a union contract or for a basic wage and | 24 | | benefits package as compensation. | 25 | | "Incentive period" means the period beginning on March 1, | 26 | | 2022 and ending on February 28, 2027. |
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| 1 | | "Noncompliance date" means, in the case of an applicant | 2 | | that is not complying with the requirements of the provisions | 3 | | of this Act, the date upon which the applicant became | 4 | | noncompliant with the requirements of the provisions of this | 5 | | Act, as determined by the Director, pursuant to Section 5-55 | 6 | | of this Act. | 7 | | "Participant" means a full-time employee who: | 8 | | (1) was unemployed or making less than the basic wage | 9 | | referred to in this Section before being hired by an | 10 | | applicant; | 11 | | (2) served a sentence of incarceration; | 12 | | (3) is registered for the pilot program described in | 13 | | Section 5-20; and | 14 | | (4) is subsequently hired during the incentive period | 15 | | by an applicant for a position under union contract or for | 16 | | a position that offers a basic wage and benefits package | 17 | | as compensation.
| 18 | | "Participant" does not include a person who was employed | 19 | | prior to the onset of the incentive period as a full-time | 20 | | employee by the applicant or a related member of the applicant | 21 | | that has more than 15 total employees. | 22 | | "Disproportionately impacted area" means a census tract or | 23 | | comparable geographic area that has high rates of arrest, | 24 | | conviction, and incarceration among residents, as determined | 25 | | by the Department of Commerce and Economic Opportunity." | 26 | | "Re-entering person" means any individual who is in |
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| 1 | | physical custody of the Department of Corrections and is | 2 | | scheduled to be released from custody within 12 months. | 3 | | Section 5-15. Powers of the Department. The Department, in | 4 | | addition to those powers granted under the Civil | 5 | | Administrative Code of Illinois, is granted and shall have all | 6 | | the powers necessary or convenient to carry out and effectuate | 7 | | the purposes and provisions of this Act, including, but not | 8 | | limited to, power and authority to: | 9 | | (1) promulgate procedures, rules, or regulations | 10 | | deemed necessary and appropriate for the administration of | 11 | | this Act; establish forms for applications, notifications, | 12 | | contracts, or any other agreements; and accept | 13 | | applications at any time during the year and require that | 14 | | all applications be submitted via the Internet. The | 15 | | Department shall require that applications be submitted in | 16 | | electronic form
| 17 | | (2) provide guidance and assistance to an applicant | 18 | | pursuant to the provisions of this Act, and cooperate with | 19 | | applicants to promote, foster, and support job creation | 20 | | within the State; | 21 | | (3) enter into agreements and memoranda of | 22 | | understanding for participation of and engage in | 23 | | cooperation with agencies of the federal government, units | 24 | | of local government, universities, research foundations or | 25 | | institutions, regional economic development corporations, |
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| 1 | | or other organizations for the purposes of this Act; | 2 | | (4) gather information and conduct inquiries, in the | 3 | | manner and by the methods it deems desirable, including, | 4 | | but not limited to, gathering information with respect to | 5 | | applicants for the purpose of making any designations or | 6 | | certifications necessary or desirable or to gather | 7 | | information in furtherance of the purposes of this Act; | 8 | | (5) establish, negotiate, and effectuate any term, | 9 | | agreement, or other document with any person necessary or | 10 | | appropriate to accomplish the purposes of this Act; and | 11 | | consent, subject to the provisions of any agreement with | 12 | | another party, to the modification or restructuring of any | 13 | | agreement to which the Department is a party; | 14 | | (6) provide for sufficient personnel to permit | 15 | | administration, staffing, operation, and related support | 16 | | required to adequately discharge its duties and | 17 | | responsibilities described in this Act from funds made | 18 | | available through charges to applicants or from funds as | 19 | | may be appropriated by the General Assembly for the | 20 | | administration of this Act; | 21 | | (7) require applicants, upon written request, to issue | 22 | | any necessary authorization to the appropriate federal, | 23 | | State, or local authority or any other person for the | 24 | | release to the Department of information requested by the | 25 | | Department, with the information requested to include, but | 26 | | not limited to, financial reports, returns, or records |
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| 1 | | relating to the applicant or to the amount of wage subsidy | 2 | | allowable under this Act; | 3 | | (8) require that an applicant shall, at all times, | 4 | | keep proper books of record and account in accordance with | 5 | | generally accepted accounting principles consistently | 6 | | applied with the books, records, or papers related to the | 7 | | agreement in the custody or control of the applicant open | 8 | | for reasonable Department inspection and audits, and | 9 | | including, but not limited to, the making of copies of the | 10 | | books, records, or papers; and | 11 | | (9) take whatever actions are necessary or appropriate | 12 | | to protect the State's interest in the event of | 13 | | bankruptcy, default, foreclosure, or noncompliance with | 14 | | the terms and conditions of financial assistance or | 15 | | participation required under this Act, including the power | 16 | | to sell, dispose of, lease, or rent, upon terms and | 17 | | conditions determined by the Director to be appropriate, | 18 | | real or personal property that the Department may recover | 19 | | as a result of these actions. | 20 | | Section 5-20. Pilot program. | 21 | | (a) The wage subsidy shall only apply to up to 20,000 | 22 | | participants for the duration of the incentive period. A | 23 | | maximum of 10,000 participants shall be released from prison | 24 | | on or after January 1, 2021. A maximum of 10,000 participants | 25 | | shall be released from prison between January 1, 2011 and |
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| 1 | | December 31, 2021. | 2 | | (b) The Department shall maintain a database of all | 3 | | participants for the duration of the incentive period.
| 4 | | (1) Individuals seeking to participate in the pilot | 5 | | program shall register with the Department on or after | 6 | | January 1, 2022. | 7 | | (2) The Department shall verify individuals' | 8 | | eligibility to participate in the program by checking | 9 | | their employment and incarceration history. | 10 | | (3) The Department shall mail a written letter | 11 | | containing a denial or confirmation of the individual's | 12 | | eligibility to participate in the program to the primary | 13 | | address of the individual. The Department shall also send | 14 | | an email with an electronic version of the letter attached | 15 | | to the primary email address of the individual. | 16 | | (A) The denial letter shall state the reason why | 17 | | the individual is being denied. | 18 | | (B) The confirmation letter shall state the | 19 | | identifying number assigned to the individual.
| 20 | | (c) The Department shall maintain a record of the | 21 | | participants and the corresponding applicant. | 22 | | (1) Each applicant shall, on a monthly basis starting | 23 | | from receipt of the certificate of eligibility for the | 24 | | wage subsidy, submit a year-to-date report of the | 25 | | employment of participants to remain in good standing to | 26 | | receive the wage subsidy. |
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| 1 | | (2) The reports shall be submitted in the form and | 2 | | manner required by the Department. | 3 | | Section 5-25. Certificate of eligibility for wage subsidy. | 4 | | (a) An applicant that hires a participant as a full-time | 5 | | employee during the incentive period may apply for a | 6 | | certificate of eligibility for the wage subsidy on or after | 7 | | the date of hire. | 8 | | (b) An applicant may apply for a certificate of | 9 | | eligibility for the wage subsidy for more than one participant | 10 | | on or after the date of hire of each qualifying participant. | 11 | | The application shall include the following:
| 12 | | (1) the name, Social Security number or Individual | 13 | | Taxpayer Identification number, job description, salary or | 14 | | wage rate, and date of hire of each participant with | 15 | | respect to whom the wage subsidy is being requested, and | 16 | | whether each participant is registered in the pilot | 17 | | program described in Section 5-20; | 18 | | (2) the number of participants hired by the applicant | 19 | | during the incentive period; | 20 | | (3) an agreement that the Director is authorized to | 21 | | verify with the appropriate State agencies the information | 22 | | contained in the request before issuing a certificate to | 23 | | the applicant; | 24 | | (4) the physical address of the workplace to which the | 25 | | participant reports for work; and
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| 1 | | (5) any other information the Department determines to | 2 | | be appropriate. | 3 | | (c) After receipt of an application and approval of | 4 | | eligibility under this Section, the Department shall issue a | 5 | | certificate of eligibility to all qualified applicants, | 6 | | stating: | 7 | | (1) the date and time on which the application was | 8 | | received by the Department and an identifying number | 9 | | assigned to the applicant by the Department; | 10 | | (2) the monthly amount of wage subsidy the applicant | 11 | | would receive under this Act with respect to the new | 12 | | employees listed on the application; | 13 | | (d) After the initial certificate of eligibility is | 14 | | issued, the applicant must submit a monthly
report of | 15 | | employment of all participants to the Department. The | 16 | | Department shall review the report on a monthly basis and | 17 | | determine the applicant's eligibility for a monthly wage | 18 | | subsidy under this Act. | 19 | | Section 5-30. Wage subsidy. | 20 | | (a) Subject to the conditions set forth in this Act, an | 21 | | applicant with a certificate of eligibility is entitled to a | 22 | | monthly wage subsidy for each participant that was employed | 23 | | for a full calendar month by the applicant, provided that the | 24 | | following conditions are met: | 25 | | (1) the participant was continuously employed under a |
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| 1 | | union contract or for a basic wage and benefits package; | 2 | | and | 3 | | (2) starting from the date of hire of the participant, | 4 | | the applicant maintained or increased the total number of | 5 | | full-time Illinois employees. | 6 | | (b) The Department shall make monthly wage subsidy | 7 | | payments to qualified applicants with a certificate of | 8 | | eligibility that are in compliance with the requirements of | 9 | | the provisions of this Act. | 10 | | (c) The Department shall issue a wage subsidy payment to | 11 | | the applicant for each participant that was continuously | 12 | | employed for an entire calendar month after the date on which | 13 | | the certificate is issued by the Department, and each month | 14 | | thereafter during the incentive period for as long as the | 15 | | participant's employment with the applicant is continuously | 16 | | maintained and the Department determines the applicant is in | 17 | | compliance with the requirements of the provisions of this | 18 | | Act. | 19 | | (d) The monetary amount of each monthly wage subsidy | 20 | | payment awarded to an applicants for each participant that was | 21 | | continuously employed for an entire calendar month shall | 22 | | equal: | 23 | | (1) $1,250 for all applicants whose workplaces are | 24 | | located in disproportionately impacted areas as defined in | 25 | | Section 5.10; and | 26 | | (2) $850 for all other applicants. |
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| 1 | | Section 5-40. Maximum amount of wage subsidies allowed. To | 2 | | the extent authorized by Section 5-30 of this Act, during the | 3 | | incentive period the Department shall limit the total monetary | 4 | | amount of wage subsidies awarded under this Act to no more than | 5 | | $1,500,000,000. If applications for a greater amount are | 6 | | received, wage subsidies shall be allowed on a | 7 | | first-come-first-served basis, based on the date on which each | 8 | | properly completed application for a certificate of | 9 | | eligibility is received by the Department. If more than one | 10 | | certificate of eligibility is received on the same day, the | 11 | | wage subsidies will be awarded based on the time of submission | 12 | | for that particular day. | 13 | | Section 5-55. Noncompliance. | 14 | | (a) If the Director determines that an applicant who has | 15 | | received a wage subsidy under this Act is not complying with | 16 | | the requirements of the provisions of this Act, the Director | 17 | | shall provide notice to the applicant of the alleged | 18 | | noncompliance, and allow the applicant a hearing under the | 19 | | provisions of the Illinois Administrative Procedure Act. | 20 | | (b) If, after such notice and any hearing, the Director | 21 | | determines that noncompliance exists, the Director shall issue | 22 | | notice to the applicant to that effect stating the | 23 | | noncompliance date. |
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| 1 | | Section 5-60. Awareness promotion of pilot program. From | 2 | | January 1, 2022 through the end of the incentive period, the | 3 | | Department of Corrections shall implement procedures to | 4 | | promote awareness and participation in the Securing All | 5 | | Futures through Equitable Reinvestment in Communities Pilot | 6 | | Program among re-entering persons, including but not limited | 7 | | to the following: | 8 | | (a) The Department of Corrections shall ensure that the | 9 | | wardens, superintendents, and chief administrative officers of | 10 | | all correctional institutions and facilities visibly post | 11 | | information about the availability and registration process | 12 | | for the Securing All Futures through Equitable Reinvestment in | 13 | | Communities Pilot Program in all common areas of their | 14 | | respective institutions, and shall broadcast the same via | 15 | | in-house institutional information television channels. The | 16 | | Department of Corrections shall ensure that updated | 17 | | information is distributed in a timely, visible, and | 18 | | accessible manner. | 19 | | (b) The Department of Corrections shall ensure that upon | 20 | | release as a committed person on parole, mandatory supervised | 21 | | release, aftercare release, final discharge, or pardon, a | 22 | | re-entering individual shall be provided with written | 23 | | information about the availability and registration process | 24 | | for the Securing All Futures through Equitable Reinvestment in | 25 | | Communities Pilot Program. | 26 | | (c) The Department of Corrections shall provide direction |
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| 1 | | to each parole office within this State, information about the | 2 | | availability and registration process for the Securing All | 3 | | Futures through Equitable Reinvestment in Communities Pilot | 4 | | Program is posted in a visible and accessible manner. | 5 | | (d) The Department of Corrections shall distribute written | 6 | | information about the availability and registration process | 7 | | for the Securing All Futures through Equitable Reinvestment in | 8 | | Communities Pilot Program to the Community Support Advisory | 9 | | Councils of the Department of Corrections for use in re-entry | 10 | | programs across this State. | 11 | | Section 5-65. Subject to appropriations. The Securing All | 12 | | Futures through Equitable Reinvestment in Communities Pilot | 13 | | Program described in this Act is subject to appropriations to | 14 | | the Department. The Department may use State or federal | 15 | | funding to administer the program. | 16 | | Section 5-70. Rulemaking authority. | 17 | | (a) The Department may adopt rules necessary to implement | 18 | | this Act. The rules may provide for recipients of wage | 19 | | subsidies under this Act to be charged fees to cover | 20 | | administrative costs of the Securing All Futures through | 21 | | Equitable Reinvestment in Communities Pilot Program. Any | 22 | | administrative rules necessary to implement this Act shall be | 23 | | filed by the Department within 6 months following the | 24 | | effective date of this Act. |
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| 1 | | (b) The Department of Corrections shall adopt rules to | 2 | | carry out this Act within 6 months after the effective date of | 3 | | this Act.
| 4 | | ARTICLE 10. | 5 | | SENTENCING REFORM | 6 | | Section 10-50. The Unified Code of Corrections is amended | 7 | | by changing Sections 5-4.5-25, 5-4.5-30, 5-4.5-35, 5-4.5-40, | 8 | | 5-4.5-45, 5-4.5-50, 5-4.5-85, and 5-4.5-95 and by adding | 9 | | Section 5-4.5-120 as follows: | 10 | | (730 ILCS 5/5-4.5-25) | 11 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 12 | | felony: | 13 | | (a) TERM. The sentence of imprisonment shall be a | 14 | | determinate sentence, subject to Section 5-4.5-115 of this | 15 | | Code, of not less than 4 years and not more than 15 years 6 | 16 | | years and not more than 30 years. The sentence of imprisonment | 17 | | for an extended term Class X felony, as provided in Section | 18 | | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this | 19 | | Code, shall be not less than 30 years and not more than 60 | 20 | | years .
| 21 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 22 | | shall not be imposed.
| 23 | | (c) IMPACT INCARCERATION. The impact incarceration program |
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| 1 | | or the county impact incarceration program is not an | 2 | | authorized disposition.
| 3 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 4 | | probation or conditional discharge may shall not be imposed.
| 5 | | (e) FINE. Fines may be imposed as provided in Section | 6 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 7 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 8 | | concerning restitution.
| 9 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 10 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 11 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 12 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 13 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 14 | | program.
| 15 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 16 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 17 | | detention prior to judgment.
| 18 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 19 | | for rules and regulations for sentence credit.
| 20 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 21 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 22 | | electronic monitoring and home detention.
| 23 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 24 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 25 | | 5/5-8-1), the parole or mandatory supervised release term | 26 | | shall be 3 years upon release from imprisonment.
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| 1 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 2 | | 101-288, eff. 1-1-20 .) | 3 | | (730 ILCS 5/5-4.5-30) | 4 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 5 | | felony: | 6 | | (a) TERM. The sentence of imprisonment, other than for | 7 | | second degree murder, shall be a determinate sentence of not | 8 | | less than 3 years and not more than 7 years 4 years and not | 9 | | more than 15 years , subject to Section 5-4.5-115 of this Code. | 10 | | The sentence of imprisonment for second degree murder shall be | 11 | | a determinate sentence of not less than 3 years and not more | 12 | | than 15 years 4 years and not more than 20 years , subject to | 13 | | Section 5-4.5-115 of this Code. The sentence of imprisonment | 14 | | for an extended term Class 1 felony, as provided in Section | 15 | | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-115 of this | 16 | | Code, shall be a term not less than 15 years and not more than | 17 | | 30 years.
| 18 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 19 | | imprisonment shall be for a definite term of from 3 to 4 years, | 20 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 21 | | ILCS 5/5-5-3 or 5/5-7-1).
| 22 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 23 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 24 | | the impact incarceration program or the county impact | 25 | | incarceration program.
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| 1 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 2 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 3 | | period of probation or conditional discharge shall not exceed | 4 | | 4 years. The court shall specify the conditions of probation | 5 | | or conditional discharge as set forth in Section 5-6-3 (730 | 6 | | ILCS 5/5-6-3). In no case shall an offender be eligible for a | 7 | | disposition of probation or conditional discharge for a Class | 8 | | 1 felony committed while he or she was serving a term of | 9 | | probation or conditional discharge for a felony.
| 10 | | (e) FINE. Fines may be imposed as provided in Section | 11 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 12 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 13 | | concerning restitution.
| 14 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 15 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 16 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 17 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 18 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 19 | | program.
| 20 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 21 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 22 | | detention prior to judgment.
| 23 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 24 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 25 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 26 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section |
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| 1 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 2 | | electronic monitoring and home detention.
| 3 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 4 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 5 | | 5/5-8-1), the parole or mandatory supervised release term | 6 | | shall be 2 years upon release from imprisonment.
| 7 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 8 | | 101-288, eff. 1-1-20 .) | 9 | | (730 ILCS 5/5-4.5-35) | 10 | | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 | 11 | | felony: | 12 | | (a) TERM. The sentence of imprisonment shall be a | 13 | | determinate sentence of not less than 2 years and not more than | 14 | | 5 years 3 years and not more than 7 years . The sentence of | 15 | | imprisonment for an extended term Class 2 felony, as provided | 16 | | in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less | 17 | | than 7 years and not more than 14 years.
| 18 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 19 | | imprisonment shall be for a definite term of from 18 to 30 | 20 | | months, except as otherwise provided in Section 5-5-3 or 5-7-1 | 21 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
| 22 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 23 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 24 | | the impact incarceration program or the county impact | 25 | | incarceration program.
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| 1 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 2 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 3 | | period of probation or conditional discharge shall not exceed | 4 | | 4 years. The court shall specify the conditions of probation | 5 | | or conditional discharge as set forth in Section 5-6-3 (730 | 6 | | ILCS 5/5-6-3).
| 7 | | (e) FINE. Fines may be imposed as provided in Section | 8 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 9 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 10 | | concerning restitution.
| 11 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 12 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 13 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 14 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 15 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 16 | | program.
| 17 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 18 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 19 | | detention prior to judgment.
| 20 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 21 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 22 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 23 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 24 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 25 | | electronic monitoring and home detention.
| 26 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
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| 1 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 2 | | 5/5-8-1), the parole or mandatory supervised release term | 3 | | shall be 2 years upon release from imprisonment.
| 4 | | (Source: P.A. 100-431, eff. 8-25-17.) | 5 | | (730 ILCS 5/5-4.5-40) | 6 | | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 | 7 | | felony: | 8 | | (a) TERM. The sentence of imprisonment shall be a | 9 | | determinate sentence of not less than one year and not more | 10 | | than 4 years 2 years and not more than 5 years . The sentence of | 11 | | imprisonment for an extended term Class 3 felony, as provided | 12 | | in Section 5-8-2 (730 ILCS 5/5-8-2), shall be a term not less | 13 | | than 5 years and not more than 10 years.
| 14 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 15 | | imprisonment shall be for a definite term of up to 18 months, | 16 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 17 | | ILCS 5/5-5-3 or 5/5-7-1).
| 18 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 19 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 20 | | the impact incarceration program or the county impact | 21 | | incarceration program.
| 22 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 23 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 24 | | period of probation or conditional discharge shall not exceed | 25 | | 30 months. The court shall specify the conditions of probation |
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| 1 | | or conditional discharge as set forth in Section 5-6-3 (730 | 2 | | ILCS 5/5-6-3).
| 3 | | (e) FINE. Fines may be imposed as provided in Section | 4 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 5 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 6 | | concerning restitution.
| 7 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 8 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 9 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 10 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 11 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 12 | | program.
| 13 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 14 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 15 | | detention prior to judgment.
| 16 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 17 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 18 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 19 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 20 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 21 | | electronic monitoring and home detention.
| 22 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 23 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 24 | | 5/5-8-1), the parole or mandatory supervised release term | 25 | | shall be one year upon release from imprisonment.
| 26 | | (Source: P.A. 100-431, eff. 8-25-17.) |
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| 1 | | (730 ILCS 5/5-4.5-45) | 2 | | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 | 3 | | felony: | 4 | | (a) TERM. The sentence of imprisonment shall be a | 5 | | determinate sentence of not less than one year and not more | 6 | | than 3 years. The sentence of imprisonment for an extended | 7 | | term Class 4 felony, as provided in Section 5-8-2 (730 ILCS | 8 | | 5/5-8-2), shall be a term not less than 3 years and not more | 9 | | than 6 years.
| 10 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 11 | | imprisonment shall be for a definite term of up to 18 months, | 12 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 13 | | ILCS 5/5-5-3 or 5/5-7-1).
| 14 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 15 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 16 | | the impact incarceration program or the county impact | 17 | | incarceration program.
| 18 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 19 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 20 | | period of probation or conditional discharge shall not exceed | 21 | | 30 months. The court shall specify the conditions of probation | 22 | | or conditional discharge as set forth in Section 5-6-3 (730 | 23 | | ILCS 5/5-6-3).
| 24 | | (e) FINE. Fines may be imposed as provided in Section | 25 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
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| 1 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 2 | | concerning restitution.
| 3 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 4 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 5 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 6 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 7 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 8 | | program.
| 9 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 10 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 11 | | detention prior to judgment.
| 12 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 13 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 14 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 15 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 16 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 17 | | electronic monitoring and home detention.
| 18 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 19 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 20 | | 5/5-8-1), the parole or mandatory supervised release term | 21 | | shall be one year upon release from imprisonment.
| 22 | | (Source: P.A. 100-431, eff. 8-25-17.) | 23 | | (730 ILCS 5/5-4.5-50) | 24 | | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except | 25 | | as otherwise provided, for all felonies: |
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| 1 | | (a) NO SUPERVISION. The court, upon a plea of guilty or a | 2 | | stipulation by the defendant of the facts supporting the | 3 | | charge or a finding of guilt, may not defer further | 4 | | proceedings and the imposition of a sentence and may not enter | 5 | | an order for supervision of the defendant. | 6 | | (b) FELONY FINES. Unless otherwise specified by law, the | 7 | | minimum fine is $75. An offender may be sentenced to pay a fine | 8 | | not to exceed, for each offense, $25,000 or the amount | 9 | | specified in the offense, whichever is greater, or if the | 10 | | offender is a corporation, $50,000 or the amount specified in | 11 | | the offense, whichever is greater. A fine may be imposed in | 12 | | addition to a sentence of conditional discharge, probation, | 13 | | periodic imprisonment, or imprisonment. See Article 9 of | 14 | | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of | 15 | | additional amounts and determination of amounts and payment. | 16 | | If the court finds that the fine would impose an undue burden | 17 | | on the victim, the court may reduce or waive the fine. The | 18 | | court shall consider the offender's financial circumstances | 19 | | and ability to pay before and after imprisonment before | 20 | | assessing any fine. | 21 | | (c) REASONS FOR SENTENCE STATED. The sentencing judge in | 22 | | each felony conviction shall set forth his or her reasons for | 23 | | imposing the particular sentence entered in the case, as | 24 | | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons | 25 | | may include any mitigating or aggravating factors specified in | 26 | | this Code, or the lack of any such factors, as well as any |
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| 1 | | other mitigating or aggravating factors that the judge sets | 2 | | forth on the record that are consistent with the purposes and | 3 | | principles of sentencing set out in this Code. | 4 | | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a | 5 | | sentence may be made, or the court may reduce a sentence | 6 | | without motion, within 30 days after the sentence is imposed. | 7 | | A defendant's challenge to the correctness of a sentence or to | 8 | | any aspect of the sentencing hearing shall be made by a written | 9 | | motion filed with the circuit court clerk within 30 days | 10 | | following the imposition of sentence. A motion not filed | 11 | | within that 30-day period is not timely. The court may not | 12 | | increase a sentence once it is imposed. A notice of motion must | 13 | | be filed with the motion. The notice of motion shall set the | 14 | | motion on the court's calendar on a date certain within a | 15 | | reasonable time after the date of filing. | 16 | | If a motion filed pursuant to this subsection is timely | 17 | | filed, the proponent of the motion shall exercise due | 18 | | diligence in seeking a determination on the motion and the | 19 | | court shall thereafter decide the motion within a reasonable | 20 | | time. | 21 | | If a motion filed pursuant to this subsection is timely | 22 | | filed, then for purposes of perfecting an appeal, a final | 23 | | judgment is not considered to have been entered until the | 24 | | motion to reduce the sentence has been decided by order | 25 | | entered by the trial court. | 26 | | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR |
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| 1 | | OTHER-STATE SENTENCE. A defendant who has a previous and | 2 | | unexpired sentence of imprisonment imposed by another state or | 3 | | by any district court of the United States and who, after | 4 | | sentence for a crime in Illinois, must return to serve the | 5 | | unexpired prior sentence may have his or her sentence by the | 6 | | Illinois court ordered to be concurrent with the prior | 7 | | other-state or federal sentence. The court may order that any | 8 | | time served on the unexpired portion of the other-state or | 9 | | federal sentence, prior to his or her return to Illinois, | 10 | | shall be credited on his or her Illinois sentence. The | 11 | | appropriate official of the other state or the United States | 12 | | shall be furnished with a copy of the order imposing sentence, | 13 | | which shall provide that, when the offender is released from | 14 | | other-state or federal confinement, whether by parole or by | 15 | | termination of sentence, the offender shall be transferred by | 16 | | the Sheriff of the committing Illinois county to the Illinois | 17 | | Department of Corrections. The court shall cause the | 18 | | Department of Corrections to be notified of the sentence at | 19 | | the time of commitment and to be provided with copies of all | 20 | | records regarding the sentence. | 21 | | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A | 22 | | defendant who has a previous and unexpired sentence of | 23 | | imprisonment imposed by an Illinois circuit court for a crime | 24 | | in this State and who is subsequently sentenced to a term of | 25 | | imprisonment by another state or by any district court of the | 26 | | United States and who has served a term of imprisonment |
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| 1 | | imposed by the other state or district court of the United | 2 | | States, and must return to serve the unexpired prior sentence | 3 | | imposed by the Illinois circuit court, may apply to the | 4 | | Illinois circuit court that imposed sentence to have his or | 5 | | her sentence reduced. | 6 | | The circuit court may order that any time served on the | 7 | | sentence imposed by the other state or district court of the | 8 | | United States be credited on his or her Illinois sentence. The | 9 | | application for reduction of a sentence under this subsection | 10 | | shall be made within 30 days after the defendant has completed | 11 | | the sentence imposed by the other state or district court of | 12 | | the United States.
| 13 | | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a | 14 | | sentence or disposition that requires the defendant to be | 15 | | implanted or injected with or to use any form of birth control.
| 16 | | (Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19 .) | 17 | | (730 ILCS 5/5-4.5-85)
| 18 | | Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE. | 19 | | (a) FELONY. The particular classification of each felony | 20 | | is specified in the law defining the felony. Any unclassified | 21 | | offense that is declared by law to be a felony or that provides | 22 | | a sentence to a term of imprisonment for one year or more is a | 23 | | Class 4 felony. | 24 | | (b) MISDEMEANOR. The particular classification of each | 25 | | misdemeanor is specified in the law or ordinance defining the |
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| 1 | | misdemeanor. | 2 | | (1) Any offense not so classified that provides a | 3 | | sentence to a term of imprisonment of less than one year | 4 | | but in excess of 6 months is a Class A misdemeanor. | 5 | | (2) Any offense not so classified that provides a | 6 | | sentence to a term of imprisonment of 6 months or less but | 7 | | in excess of 30 days is a Class B misdemeanor. | 8 | | (3) Any offense not so classified that provides a | 9 | | sentence to a term of imprisonment of 30 days or less is a | 10 | | Class C misdemeanor. | 11 | | (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense | 12 | | that does not provide for a sentence of imprisonment is a petty | 13 | | offense or a business offense.
| 14 | | (Source: P.A. 95-1052, eff. 7-1-09 .) | 15 | | (730 ILCS 5/5-4.5-95) | 16 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 17 | | (a) HABITUAL CRIMINALS. | 18 | | (1) Every person who has been twice convicted in any | 19 | | state or federal court of an offense that contains the | 20 | | same elements as an offense now (the date of the offense | 21 | | committed after the 2 prior convictions) classified in | 22 | | Illinois as a Class X felony, criminal sexual assault, | 23 | | aggravated kidnapping, or first degree murder, and who is | 24 | | thereafter convicted of a Class X felony, criminal sexual | 25 | | assault, or first degree murder, committed after the 2 |
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| 1 | | prior convictions, shall be adjudged an habitual criminal. | 2 | | (2) The 2 prior convictions need not have been for the | 3 | | same offense. | 4 | | (3) Any convictions that result from or are connected | 5 | | with the same transaction, or result from offenses | 6 | | committed at the same time, shall be counted for the | 7 | | purposes of this Section as one conviction. | 8 | | (4) This Section does not apply unless each of the | 9 | | following requirements are satisfied: | 10 | | (A) The third offense was committed after July 3, | 11 | | 1980. | 12 | | (B) The third offense was committed within 20 | 13 | | years of the date that judgment was entered on the | 14 | | first conviction; provided, however, that time spent | 15 | | in custody shall not be counted. | 16 | | (C) The third offense was committed after | 17 | | conviction on the second offense. | 18 | | (D) The second offense was committed after | 19 | | conviction on the first offense. | 20 | | (5) Anyone who, having attained the age of 18 at the | 21 | | time of the third offense, is adjudged an habitual | 22 | | criminal shall be sentenced to a term of natural life | 23 | | imprisonment. | 24 | | (6) A prior conviction shall not be alleged in the | 25 | | indictment, and no evidence or other disclosure of that | 26 | | conviction shall be presented to the court or the jury |
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| 1 | | during the trial of an offense set forth in this Section | 2 | | unless otherwise permitted by the issues properly raised | 3 | | in that trial. After a plea or verdict or finding of guilty | 4 | | and before sentence is imposed, the prosecutor may file | 5 | | with the court a verified written statement signed by the | 6 | | State's Attorney concerning any former conviction of an | 7 | | offense set forth in this Section rendered against the | 8 | | defendant. The court shall then cause the defendant to be | 9 | | brought before it; shall inform the defendant of the | 10 | | allegations of the statement so filed, and of his or her | 11 | | right to a hearing before the court on the issue of that | 12 | | former conviction and of his or her right to counsel at | 13 | | that hearing; and unless the defendant admits such | 14 | | conviction, shall hear and determine the issue, and shall | 15 | | make a written finding thereon. If a sentence has | 16 | | previously been imposed, the court may vacate that | 17 | | sentence and impose a new sentence in accordance with this | 18 | | Section. | 19 | | (7) A duly authenticated copy of the record of any | 20 | | alleged former conviction of an offense set forth in this | 21 | | Section shall be prima facie evidence of that former | 22 | | conviction; and a duly authenticated copy of the record of | 23 | | the defendant's final release or discharge from probation | 24 | | granted, or from sentence and parole supervision (if any) | 25 | | imposed pursuant to that former conviction, shall be prima | 26 | | facie evidence of that release or discharge. |
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| 1 | | (8) Any claim that a previous conviction offered by | 2 | | the prosecution is not a former conviction of an offense | 3 | | set forth in this Section because of the existence of any | 4 | | exceptions described in this Section, is waived unless | 5 | | duly raised at the hearing on that conviction, or unless | 6 | | the prosecution's proof shows the existence of the | 7 | | exceptions described in this Section. | 8 | | (9) If the person so convicted shows to the | 9 | | satisfaction of the court before whom that conviction was | 10 | | had that he or she was released from imprisonment, upon | 11 | | either of the sentences upon a pardon granted for the | 12 | | reason that he or she was innocent, that conviction and | 13 | | sentence shall not be considered under this Section.
| 14 | | (b) (Blank). When a defendant, over the age of 21 years, is | 15 | | convicted of a Class 1 or Class 2 felony, except for an offense | 16 | | listed in subsection (c) of this Section, after having twice | 17 | | been convicted in any state or federal court of an offense that | 18 | | contains the same elements as an offense now (the date the | 19 | | Class 1 or Class 2 felony was committed) classified in | 20 | | Illinois as a Class 2 or greater Class felony, except for an | 21 | | offense listed in subsection (c) of this Section, and those | 22 | | charges are separately brought and tried and arise out of | 23 | | different series of acts, that defendant shall be sentenced as | 24 | | a Class X offender. This subsection does not apply unless: | 25 | | (1) the first felony was committed after February 1, | 26 | | 1978 (the effective date of Public Act 80-1099); |
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| 1 | | (2) the second felony was committed after conviction | 2 | | on the first; and | 3 | | (3) the third felony was committed after conviction on | 4 | | the second. | 5 | | (c) (Blank). Subsection (b) of this Section does not apply | 6 | | to Class 1 or Class 2 felony convictions for a violation of | 7 | | Section 16-1 of the Criminal Code of 2012. | 8 | | A person sentenced as a Class X offender under this | 9 | | subsection (b) is not eligible to apply for treatment as a | 10 | | condition of probation as provided by Section 40-10 of the | 11 | | Substance Use Disorder Act (20 ILCS 301/40-10).
| 12 | | (Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759, | 13 | | eff. 1-1-19 .) | 14 | | (730 ILCS 5/5-4.5-120 new) | 15 | | Sec. 5-4.5-120. Resentencing. The changes made to this | 16 | | Article apply to offenses committed before the effective date | 17 | | of this amendatory Act of the 102nd General Assembly, and to | 18 | | offenses committed on or after the effective date of this | 19 | | amendatory Act. A person currently serving a sentence for a | 20 | | conviction, whether by trial or plea, of a felony or felonies | 21 | | who would have been sentenced to a shorter term of | 22 | | incarceration or guilty of a misdemeanor or lesser felony | 23 | | classification under this Act had the Act been in effect at the | 24 | | time of the offense may petition the trial court that entered | 25 | | the judgment of conviction in his or her case to request |
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| 1 | | resentencing in accordance with this Act. A person who is | 2 | | resentenced shall be given credit for time served. Under no | 3 | | circumstances may resentencing under this Section result in | 4 | | the imposition of a term longer than the original sentence.
| 5 | | ARTICLE 99. | 6 | | EFFECTIVE DATE. | 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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