Full Text of SB2364 102nd General Assembly
SB2364ham001 102ND GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 4/8/2022
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| 1 | | AMENDMENT TO SENATE BILL 2364
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2364 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Criminal Justice Information Act | 5 | | is amended by changing Section 7.7 as follows: | 6 | | (20 ILCS 3930/7.7) | 7 | | Sec. 7.7. Pretrial data collection. | 8 | | (a) The Administrative Director of the Administrative | 9 | | Office Officer of the Illinois Courts shall convene an | 10 | | oversight board to be known as the Pretrial Practices Data | 11 | | Oversight Board to oversee the collection and analysis of data | 12 | | regarding pretrial practices in circuit court systems. The | 13 | | Board shall include, but is not limited to, designees from the | 14 | | Administrative Office of the Illinois Courts, the Illinois | 15 | | Criminal Justice Information Authority, and other entities | 16 | | that possess knowledge of pretrial practices and data |
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| 1 | | collection issues. Members of the Board shall serve without | 2 | | compensation. | 3 | | (b) The Oversight Board shall: | 4 | | (1) identify existing pretrial data collection | 5 | | processes in local jurisdictions; | 6 | | (2) define, gather and maintain records of pretrial | 7 | | data relating to the topics listed in subsection (c) from | 8 | | circuit clerks' offices, sheriff's departments, law | 9 | | enforcement agencies, jails, pretrial departments, | 10 | | probation department, State's Attorneys' offices, public | 11 | | defenders' offices and other applicable criminal justice | 12 | | system agencies; | 13 | | (3) identify resources necessary to systematically | 14 | | collect and report data related to the topics listed in | 15 | | subsection subsections (c); and | 16 | | (4) develop a plan to implement data collection | 17 | | processes sufficient to collect data on the topics listed | 18 | | in subsection (c) no later than one year after July 1, 2021 | 19 | | ( the effective date of Public Act 101-652) this amendatory | 20 | | Act of the 101st General Assembly .
The plan and, once | 21 | | implemented, the reports and analysis shall be published | 22 | | and made publicly available on the Administrative Office | 23 | | of the Illinois Courts (AOIC) website. | 24 | | (c) The Pretrial Practices Data Oversight Board shall | 25 | | develop a strategy to collect quarterly, county-level data on | 26 | | the following topics; which collection of data shall begin on |
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| 1 | | July 1, 2023 starting one year after the effective date of this | 2 | | amendatory Act of the 101st General Assembly : | 3 | | (1) information on all persons arrested and charged | 4 | | with misdemeanor or felony charges, or both, including | 5 | | information on persons released directly from law | 6 | | enforcement custody; | 7 | | (2) information on the outcomes of pretrial conditions | 8 | | and pretrial detention hearings in the county courts, | 9 | | including but not limited to the number of hearings held, | 10 | | the number of defendants detained, the number of | 11 | | defendants released, and the number of defendants released | 12 | | with electronic monitoring; | 13 | | (3) information regarding persons detained in the | 14 | | county jail pretrial, including, but not limited to, the | 15 | | number of persons detained in the jail pretrial and the | 16 | | number detained in the jail for other reasons, the | 17 | | demographics of the pretrial jail population, race, sex, | 18 | | sexual orientation, gender identity, age, and ethnicity, | 19 | | the charges including on which pretrial defendants are | 20 | | detained, the average length of stay of pretrial | 21 | | defendants; | 22 | | (4) information regarding persons placed on electronic | 23 | | monitoring programs pretrial, including, but not limited | 24 | | to, the number of participants, the demographics of the | 25 | | participant population, including race, sex, sexual | 26 | | orientation, gender identity, age, and ethnicity, the |
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| 1 | | charges on which participants are ordered to the program, | 2 | | and the average length of participation in the program; | 3 | | (5) discharge data regarding persons detained pretrial | 4 | | in the county jail, including, but not limited to, the | 5 | | number who are sentenced to the Illinois Department of | 6 | | Corrections, the number released after being sentenced to | 7 | | time served, the number who are released on probation, | 8 | | conditional discharge, or other community supervision, the | 9 | | number found not guilty, the number whose cases are | 10 | | dismissed, the number whose cases are dismissed as part of | 11 | | diversion or deferred prosecution program, and the number | 12 | | who are released pretrial after a hearing re-examining | 13 | | their pretrial detention; | 14 | | (6) information on the pretrial rearrest of | 15 | | individuals released pretrial, including the number | 16 | | arrested and charged with a new misdemeanor offense while | 17 | | released, the number arrested and charged with a new | 18 | | felony offense while released, and the number arrested and | 19 | | charged with a new forcible felony offense while released, | 20 | | and how long after release these arrests occurred; | 21 | | (7) information on the pretrial failure to appear | 22 | | rates of individuals released pretrial, including the | 23 | | number who missed one or more court dates, how many | 24 | | warrants for failures to appear were issued, and how many | 25 | | individuals were detained pretrial or placed on electronic | 26 | | monitoring pretrial after a failure to appear in court; |
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| 1 | | (8) what, if any, validated pretrial risk assessment | 2 | | tools are in use in each jurisdiction, and comparisons of | 3 | | the pretrial release and pretrial detention decisions of | 4 | | judges as compared to and the risk assessment scores of | 5 | | individuals; and | 6 | | (9) any other information the Pretrial Practices Data | 7 | | Oversight Board considers important and probative of the | 8 | | effectiveness of pretrial practices in the State state of | 9 | | Illinois.
| 10 | | (d) d) Circuit clerks' offices, sheriff's departments, law | 11 | | enforcement agencies, jails, pretrial departments, probation | 12 | | department, State's Attorneys' offices, public defenders' | 13 | | offices and other applicable criminal justice system agencies | 14 | | are mandated to provide data to the Administrative Office of | 15 | | the Illinois Courts as described in subsection (c).
| 16 | | (Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.) | 17 | | Section 10. The Code of Criminal Procedure of 1963 is | 18 | | amended by changing Section 109-1 as follows:
| 19 | | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| 20 | | (Text of Section before amendment by P.A. 101-652 )
| 21 | | Sec. 109-1. Person arrested.
| 22 | | (a) A person arrested with or without a warrant shall be | 23 | | taken without
unnecessary delay before the nearest and most | 24 | | accessible judge
in that county, except when such county is a |
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| 1 | | participant in a
regional jail authority, in which event such | 2 | | person may be taken to the
nearest and most accessible judge, | 3 | | irrespective of the county where such
judge presides,
and a | 4 | | charge shall be filed.
Whenever a person arrested either with | 5 | | or without a warrant is required
to be taken
before a judge, a | 6 | | charge
may be filed against such person by way of a two-way | 7 | | closed circuit
television system, except that a hearing to | 8 | | deny bail to the defendant may
not be conducted by way of | 9 | | closed circuit television.
| 10 | | (a-5) A person charged with an offense shall be allowed | 11 | | counsel at the hearing at which bail is determined under | 12 | | Article 110 of this Code. If the defendant desires counsel for | 13 | | his or her initial appearance but is unable to obtain counsel, | 14 | | the court shall appoint a public defender or licensed attorney | 15 | | at law of this State to represent him or her for purposes of | 16 | | that hearing. | 17 | | (b) The judge shall:
| 18 | | (1) Inform the defendant of the charge against him and | 19 | | shall provide him
with a copy of the charge;
| 20 | | (2) Advise the defendant of his right to counsel and | 21 | | if indigent shall
appoint a public defender or licensed | 22 | | attorney at law of this State to
represent him in | 23 | | accordance with the provisions of Section 113-3 of this
| 24 | | Code;
| 25 | | (3) Schedule a preliminary hearing in appropriate | 26 | | cases;
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| 1 | | (4) Admit the defendant to bail in accordance with the | 2 | | provisions of
Article 110 of this Code; and
| 3 | | (5) Order the confiscation of the person's passport or | 4 | | impose travel restrictions on a defendant arrested for | 5 | | first degree murder or other violent crime as defined in | 6 | | Section 3 of the Rights of Crime Victims and Witnesses | 7 | | Act, if the judge determines, based on the factors in | 8 | | Section 110-5 of this Code, that this will reasonably | 9 | | ensure the appearance of the defendant and compliance by | 10 | | the defendant with all conditions of release. | 11 | | (c) The court may issue an order of protection in | 12 | | accordance with
the provisions of Article 112A of this Code.
| 13 | | (d) At the initial appearance of a defendant in any | 14 | | criminal proceeding, the court must advise the defendant in | 15 | | open court that any foreign national who is arrested or | 16 | | detained has the right to have notice of the arrest or | 17 | | detention given to his or her country's consular | 18 | | representatives and the right to communicate with those | 19 | | consular representatives if the notice has not already been | 20 | | provided. The court must make a written record of so advising | 21 | | the defendant. | 22 | | (e) If consular notification is not provided to a | 23 | | defendant before his or her first appearance in court, the | 24 | | court shall grant any reasonable request for a continuance of | 25 | | the proceedings to allow contact with the defendant's | 26 | | consulate. Any delay caused by the granting of the request by a |
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| 1 | | defendant shall temporarily suspend for the time of the delay | 2 | | the period within which a person shall be tried as prescribed | 3 | | by subsections (a), (b), or (e) of Section 103-5 of this Code | 4 | | and on the day of the expiration of delay the period shall | 5 | | continue at the point at which it was suspended. | 6 | | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | 7 | | eff. 1-1-18 .)
| 8 | | (Text of Section after amendment by P.A. 101-652 )
| 9 | | Sec. 109-1. Person arrested; release from law enforcement | 10 | | custody and court appearance; geographical constraints prevent | 11 | | in-person appearances.
| 12 | | (a) A person arrested with or without a warrant for an | 13 | | offense for which pretrial release may be denied under | 14 | | paragraphs (1) through (6) of Section 110-6.1 shall be taken | 15 | | without
unnecessary delay before the nearest and most | 16 | | accessible judge
in that county, except when such county is a | 17 | | participant in a
regional jail authority, in which event such | 18 | | person may be taken to the
nearest and most accessible judge, | 19 | | irrespective of the county where such
judge presides,
and a | 20 | | charge shall be filed.
Whenever a person arrested either with | 21 | | or without a warrant is required
to be taken
before a judge, a | 22 | | charge
may be filed against such person by way of a two-way | 23 | | closed circuit
television system, except that a hearing to | 24 | | deny pretrial release to the defendant may
not be conducted by | 25 | | way of closed circuit television.
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| 1 | | (a-1) A law enforcement officer shall issue a citation in | 2 | | lieu of custodial arrest, upon proper identification, to a | 3 | | person accused of a traffic offense, a Class B misdemeanor, a | 4 | | Class C misdemeanor, a petty offense, or a business offense, | 5 | | unless the law enforcement officer, in the discretion of the | 6 | | law enforcement officer, reasonably determines the accused: | 7 | | (1) poses a specific, real, and present threat to the safety of | 8 | | the community or any person or persons; or (2) has a medical or | 9 | | mental health condition that poses a risk to the safety of the | 10 | | accused. Those released on citation shall be scheduled into | 11 | | court within 21 days. As used in this paragraph, "custodial | 12 | | arrest" means transport of the accused to a place of | 13 | | detention, as defined in subsection (a) of Section 103-2.1 Law | 14 | | enforcement shall issue a citation in lieu of custodial | 15 | | arrest, upon proper identification, for those accused of | 16 | | traffic and Class B and C criminal misdemeanor offenses, or of | 17 | | petty and business offenses, who pose no obvious threat to the | 18 | | community or any person, or who have no obvious medical or | 19 | | mental health issues that pose a risk to their own safety. | 20 | | Those released on citation shall be scheduled into court | 21 | | within 21 days . | 22 | | (a-3) A person arrested with or without a warrant for an | 23 | | offense for which pretrial release may not be denied may, | 24 | | except as otherwise provided in this Code, be released by the | 25 | | officer without appearing before a judge. The releasing | 26 | | officer shall issue the person a summons to appear within 21 |
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| 1 | | days. A presumption in favor of pretrial release shall be by | 2 | | applied by an arresting officer in the exercise of his or her | 3 | | discretion under this Section. | 4 | | (a-5) A person charged with an offense shall be allowed | 5 | | counsel at the hearing at which pretrial release is determined | 6 | | under Article 110 of this Code. If the defendant desires | 7 | | counsel for his or her initial appearance but is unable to | 8 | | obtain counsel, the court shall appoint a public defender or | 9 | | licensed attorney at law of this State to represent him or her | 10 | | for purposes of that hearing. | 11 | | (b) Upon initial appearance of a person before the court, | 12 | | the judge shall:
| 13 | | (1) inform the defendant of the charge against him and | 14 | | shall provide him
with a copy of the charge;
| 15 | | (2) advise the defendant of his right to counsel and | 16 | | if indigent shall
appoint a public defender or licensed | 17 | | attorney at law of this State to
represent him in | 18 | | accordance with the provisions of Section 113-3 of this
| 19 | | Code;
| 20 | | (3) schedule a preliminary hearing in appropriate | 21 | | cases;
| 22 | | (4) admit the defendant to pretrial release in | 23 | | accordance with the provisions of
Article 110 110/5 of | 24 | | this Code, or upon verified petition of the State, proceed | 25 | | with the setting of a detention hearing as provided in | 26 | | Section 110-6.1; and
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| 1 | | (5) order Order the confiscation of the person's | 2 | | passport or impose travel restrictions on a defendant | 3 | | arrested for first degree murder or other violent crime as | 4 | | defined in Section 3 of the Rights of Crime Victims and | 5 | | Witnesses Act, if the judge determines, based on the | 6 | | factors in Section 110-5 of this Code, that this will | 7 | | reasonably ensure the appearance of the defendant and | 8 | | compliance by the defendant with all conditions of | 9 | | release. | 10 | | (c) The court may issue an order of protection in | 11 | | accordance with
the provisions of Article 112A of this Code. | 12 | | Crime victims shall be given notice by the State's Attorney's | 13 | | office of this hearing as required in paragraph (2) of | 14 | | subsection (b) of Section 4.5 of the Rights of Crime Victims | 15 | | and Witnesses Act and shall be informed of their opportunity | 16 | | at this hearing to obtain an order of protection under Article | 17 | | 112A of this Code.
| 18 | | (d) At the initial appearance of a defendant in any | 19 | | criminal proceeding, the court must advise the defendant in | 20 | | open court that any foreign national who is arrested or | 21 | | detained has the right to have notice of the arrest or | 22 | | detention given to his or her country's consular | 23 | | representatives and the right to communicate with those | 24 | | consular representatives if the notice has not already been | 25 | | provided. The court must make a written record of so advising | 26 | | the defendant. |
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| 1 | | (e) If consular notification is not provided to a | 2 | | defendant before his or her first appearance in court, the | 3 | | court shall grant any reasonable request for a continuance of | 4 | | the proceedings to allow contact with the defendant's | 5 | | consulate. Any delay caused by the granting of the request by a | 6 | | defendant shall temporarily suspend for the time of the delay | 7 | | the period within which a person shall be tried as prescribed | 8 | | by subsection subsections (a), (b), or (e) of Section 103-5 of | 9 | | this Code and on the day of the expiration of delay the period | 10 | | shall continue at the point at which it was suspended. | 11 | | (f) At the hearing at which conditions of pretrial release | 12 | | are determined, the person charged shall be present in person | 13 | | rather than by video phone or any other form of electronic | 14 | | communication, unless the physical health and safety of the | 15 | | person would be endangered by appearing in court or the | 16 | | accused waives the right to be present in person. | 17 | | (g) Defense counsel shall be given adequate opportunity to | 18 | | confer with the defendant Defendant prior to any hearing in | 19 | | which conditions of release or the detention of the defendant | 20 | | Defendant is to be considered, with a physical accommodation | 21 | | made to facilitate attorney/client consultation. | 22 | | (Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23; | 23 | | revised 11-24-21.)
| 24 | | Section 15. The Pretrial Services Act is amended by | 25 | | changing Section 7 as follows:
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| 1 | | (725 ILCS 185/7) (from Ch. 38, par. 307)
| 2 | | Sec. 7.
Pretrial services agencies shall perform the | 3 | | following duties
for the circuit court:
| 4 | | (a) Interview and assemble verified information and data | 5 | | concerning the
community ties, employment, residency, criminal | 6 | | record, and social
background of arrested persons who are to | 7 | | be, or have been, presented in
court for first appearance on | 8 | | felony charges, to assist the court in
determining the | 9 | | appropriate terms and conditions of pretrial release; | 10 | | (b) Submit written reports of those investigations to the | 11 | | court along
with such findings and recommendations, if any, as | 12 | | may be necessary to assess : (1) the need for financial | 13 | | security to assure the defendant's appearance
at later | 14 | | proceedings; and (2) appropriate conditions which shall be | 15 | | imposed to protect against the
risks of nonappearance and | 16 | | commission of new offenses or other interference
with the | 17 | | orderly administration of justice before trial;
| 18 | | (c) Supervise compliance with pretrial release
conditions, | 19 | | and promptly report
violations of those conditions to the | 20 | | court and prosecutor to assure
effective enforcement;
| 21 | | (d) Cooperate with the court and all other criminal | 22 | | justice agencies in
the development of programs to minimize | 23 | | unnecessary pretrial detention and
protect the public against | 24 | | breaches of pretrial release conditions; and
| 25 | | (e) Monitor the local operations of the pretrial release |
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| 1 | | system
and maintain accurate and comprehensive records of | 2 | | program activities.
| 3 | | (Source: P.A. 84-1449.)
| 4 | | Section 20. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-8-1 and 5-8A-4 and by adding Section 5-8-9 | 6 | | as follows:
| 7 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 8 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 9 | | use of a firearm; mandatory supervised release terms.
| 10 | | (a) Except as otherwise provided in the statute defining | 11 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 12 | | imprisonment for a felony shall be a determinate sentence set | 13 | | by
the court under this Section, subject to Section 5-4.5-115 | 14 | | of this Code, according to the following limitations:
| 15 | | (1) for first degree murder,
| 16 | | (a) (blank),
| 17 | | (b) if a trier of fact finds beyond a reasonable
| 18 | | doubt that the murder was accompanied by exceptionally
| 19 | | brutal or heinous behavior indicative of wanton | 20 | | cruelty or, except as set forth
in subsection | 21 | | (a)(1)(c) of this Section, that any of the aggravating | 22 | | factors
listed in subsection (b) or (b-5) of Section | 23 | | 9-1 of the Criminal Code of 1961 or the Criminal Code | 24 | | of 2012 are
present, the court may sentence the |
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| 1 | | defendant, subject to Section 5-4.5-105, to a term of | 2 | | natural life
imprisonment, or
| 3 | | (c) the court shall sentence the defendant to a | 4 | | term of natural life
imprisonment if the defendant, at | 5 | | the time of the commission of the murder, had attained | 6 | | the age of 18, and:
| 7 | | (i) has previously been convicted of first | 8 | | degree murder under
any state or federal law, or
| 9 | | (ii) is found guilty of murdering more
than | 10 | | one victim, or
| 11 | | (iii) is found guilty of murdering a peace | 12 | | officer, fireman, or emergency management worker | 13 | | when
the peace officer, fireman, or emergency | 14 | | management worker was killed in the course of | 15 | | performing his
official duties, or to prevent the | 16 | | peace officer or fireman from
performing his | 17 | | official duties, or in retaliation for the peace | 18 | | officer,
fireman, or emergency management worker | 19 | | from performing his official duties, and the | 20 | | defendant knew or should
have known that the | 21 | | murdered individual was a peace officer, fireman, | 22 | | or emergency management worker, or
| 23 | | (iv) is found guilty of murdering an employee | 24 | | of an institution or
facility of the Department of | 25 | | Corrections, or any similar local
correctional | 26 | | agency, when the employee was killed in the course |
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| 1 | | of
performing his official duties, or to prevent | 2 | | the employee from performing
his official duties, | 3 | | or in retaliation for the employee performing his
| 4 | | official duties, or
| 5 | | (v) is found guilty of murdering an emergency | 6 | | medical
technician - ambulance, emergency medical | 7 | | technician - intermediate, emergency
medical | 8 | | technician - paramedic, ambulance driver or other | 9 | | medical assistance or
first aid person while | 10 | | employed by a municipality or other governmental | 11 | | unit
when the person was killed in the course of | 12 | | performing official duties or
to prevent the | 13 | | person from performing official duties or in | 14 | | retaliation
for performing official duties and the | 15 | | defendant knew or should have known
that the | 16 | | murdered individual was an emergency medical | 17 | | technician - ambulance,
emergency medical | 18 | | technician - intermediate, emergency medical
| 19 | | technician - paramedic, ambulance driver, or other | 20 | | medical
assistant or first aid personnel, or
| 21 | | (vi) (blank), or
| 22 | | (vii) is found guilty of first degree murder | 23 | | and the murder was
committed by reason of any | 24 | | person's activity as a community policing | 25 | | volunteer
or to prevent any person from engaging | 26 | | in activity as a community policing
volunteer. For |
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| 1 | | the purpose of this Section, "community policing | 2 | | volunteer"
has the meaning ascribed to it in | 3 | | Section 2-3.5 of the Criminal Code of 2012.
| 4 | | For purposes of clause (v), "emergency medical | 5 | | technician - ambulance",
"emergency medical technician - | 6 | | intermediate", "emergency medical technician -
| 7 | | paramedic", have the meanings ascribed to them in the | 8 | | Emergency Medical
Services (EMS) Systems Act.
| 9 | | (d)(i) if the person committed the offense while | 10 | | armed with a
firearm, 15 years shall be added to | 11 | | the term of imprisonment imposed by the
court;
| 12 | | (ii) if, during the commission of the offense, the | 13 | | person
personally discharged a firearm, 20 years shall | 14 | | be added to the term of
imprisonment imposed by the | 15 | | court;
| 16 | | (iii) if, during the commission of the offense, | 17 | | the person
personally discharged a firearm that | 18 | | proximately caused great bodily harm,
permanent | 19 | | disability, permanent disfigurement, or death to | 20 | | another person, 25
years or up to a term of natural | 21 | | life shall be added to the term of
imprisonment | 22 | | imposed by the court.
| 23 | | (2) (blank);
| 24 | | (2.5) for a person who has attained the age of 18 years
| 25 | | at the time of the commission of the offense and
who is | 26 | | convicted under the circumstances described in subdivision |
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| 1 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | 2 | | subsection (b) of Section 12-13, subdivision (d)(2) of | 3 | | Section 11-1.30 or paragraph (2) of subsection
(d) of | 4 | | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | 5 | | paragraph (1.2) of subsection (b) of
Section 12-14.1, | 6 | | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | 7 | | subsection (b) of Section 12-14.1
of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, the sentence shall be a | 9 | | term of natural life
imprisonment.
| 10 | | (b) (Blank).
| 11 | | (c) (Blank).
| 12 | | (d) Subject to
earlier termination under Section 3-3-8, | 13 | | the parole or mandatory
supervised release term shall be | 14 | | written as part of the sentencing order and shall be as | 15 | | follows:
| 16 | | (1) for first degree murder or for the offenses of | 17 | | predatory criminal sexual assault of a child, aggravated | 18 | | criminal sexual assault, and criminal sexual assault if | 19 | | committed on or before December 12, 2005, 3 years;
| 20 | | (1.5) except as provided in paragraph (7) of this | 21 | | subsection (d), for a Class X felony except for the | 22 | | offenses of predatory criminal sexual assault of a child, | 23 | | aggravated criminal sexual assault, and criminal sexual | 24 | | assault if committed on or after December 13, 2005 (the | 25 | | effective date of Public Act 94-715) and except for the | 26 | | offense of aggravated child pornography under Section |
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| 1 | | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | 2 | | subsection (c-5) of Section 11-20.1 of the Criminal Code | 3 | | of 1961 or the Criminal Code of 2012, if committed on or | 4 | | after January 1, 2009, 18 months; | 5 | | (2) except as provided in paragraph (7) of this | 6 | | subsection (d), for a Class 1 felony or a Class 2 felony | 7 | | except for the offense of criminal sexual assault if | 8 | | committed on or after December 13, 2005 (the effective | 9 | | date of Public Act 94-715) and except for the offenses of | 10 | | manufacture and dissemination of child pornography under | 11 | | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 13 | | committed on or after January 1, 2009, 12 months;
| 14 | | (3) except as provided in paragraph (4), (6), or (7) | 15 | | of this subsection (d), a mandatory supervised release | 16 | | term shall not be imposed for a Class 3 felony or a Class 4 | 17 | | felony; unless: | 18 | | (A) the Prisoner Review Board, based on a | 19 | | validated risk and needs assessment, determines it is | 20 | | necessary for an offender to serve a mandatory | 21 | | supervised release term; | 22 | | (B) if the Prisoner Review Board determines a | 23 | | mandatory supervised release term is necessary | 24 | | pursuant to subparagraph (A) of this paragraph (3), | 25 | | the Prisoner Review Board shall specify the maximum | 26 | | number of months of mandatory supervised release the |
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| 1 | | offender may serve, limited to a term of:
(i) 12 months | 2 | | for a Class 3 felony;
and (ii) 12 months for a Class 4 | 3 | | felony;
| 4 | | (4) for defendants who commit the offense of predatory | 5 | | criminal sexual assault of a child, aggravated criminal | 6 | | sexual assault, or criminal sexual assault, on or after | 7 | | December 13, 2005 (the effective date of Public Act | 8 | | 94-715), or who commit the offense of aggravated child | 9 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 10 | | with sentencing under subsection (c-5) of Section 11-20.1 | 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | manufacture of child pornography, or dissemination of | 13 | | child pornography after January 1, 2009, the term of | 14 | | mandatory supervised release shall range from a minimum of | 15 | | 3 years to a maximum of the natural life of the defendant;
| 16 | | (5) if the victim is under 18 years of age, for a | 17 | | second or subsequent
offense of aggravated criminal sexual | 18 | | abuse or felony criminal sexual abuse,
4 years, at least | 19 | | the first 2 years of which the defendant shall serve in an
| 20 | | electronic monitoring or home detention program under | 21 | | Article 8A of Chapter V of this Code;
| 22 | | (6) for a felony domestic battery, aggravated domestic | 23 | | battery, stalking, aggravated stalking, and a felony | 24 | | violation of an order of protection, 4 years; | 25 | | (7) for any felony described in paragraph (a)(2)(ii), | 26 | | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), |
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| 1 | | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | 2 | | 3-6-3 of the Unified Code of Corrections requiring an | 3 | | inmate to serve a minimum of 85% of their court-imposed | 4 | | sentence, except for the offenses of predatory criminal | 5 | | sexual assault of a child, aggravated criminal sexual | 6 | | assault, and criminal sexual assault if committed on or | 7 | | after December 13, 2005 (the effective date of Public Act | 8 | | 94-715) and except for the offense of aggravated child | 9 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 10 | | with sentencing under subsection (c-5) of Section 11-20.1 | 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | if committed on or after January 1, 2009 and except as | 13 | | provided in paragraph (4) or paragraph (6) of this | 14 | | subsection (d), the term of mandatory supervised release | 15 | | shall be as follows: | 16 | | (A) Class X felony, 3 years; | 17 | | (B) Class 1 or Class 2 felonies, 2 years; | 18 | | (C) Class 3 or Class 4 felonies, 1 year. | 19 | | (e) (Blank).
| 20 | | (f) (Blank).
| 21 | | (g) Notwithstanding any other provisions of this Act and | 22 | | of Public Act 101-652: (i) the provisions of paragraph (3) of | 23 | | subsection (d) are effective on March 1, 2023 July 1, 2022 and | 24 | | shall apply to all individuals convicted on or after the | 25 | | effective date of paragraph (3) of subsection (d); and (ii) | 26 | | the provisions of paragraphs (1.5) and (2) of subsection (d) |
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| 1 | | are effective on July 1, 2021 and shall apply to all | 2 | | individuals convicted on or after the effective date of | 3 | | paragraphs (1.5) and (2) of subsection (d). | 4 | | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | 5 | | 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. | 6 | | 1-7-22.) | 7 | | (730 ILCS 5/5-8-9 new) | 8 | | Sec. 5-8-9. The Commission on Pretrial Implementation. | 9 | | (a) The Commission on Pretrial Implementation is created | 10 | | within the Illinois Sentencing Policy Advisory Council to | 11 | | provide recommendations to the General Assembly and Governor | 12 | | on the implementation of the pretrial fairness provisions of | 13 | | Public Act 101-652, including, but not limited to, eligibility | 14 | | for pretrial detention. The Commission shall engage with | 15 | | relevant stakeholders and review all available data in | 16 | | providing recommendations. | 17 | | (b) The Commission shall be composed of: | 18 | | (1) the Executive Director of the Illinois Sentencing | 19 | | Policy Advisory Council, or his or her designee; | 20 | | (2) two members of the House of Representatives, | 21 | | appointed by the Speaker of the House of Representatives; | 22 | | (3) one member of the House of Representatives, | 23 | | appointed by the Minority Leader of the House of | 24 | | Representatives; | 25 | | (4) two members of the Senate, appointed by the |
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| 1 | | President of the Senate; | 2 | | (5) one member of the Senate, appointed by the | 3 | | Minority Leader of the Senate; | 4 | | (6) the Attorney General, or his or her designee; | 5 | | (7) two members appointed by the President of the | 6 | | Illinois State's Attorneys Association; | 7 | | (8) two members appointed by the President of the | 8 | | Illinois Public Defender Association; | 9 | | (9) one member representing chiefs of police, | 10 | | appointed by the Governor; | 11 | | (10) one member representing sheriffs, appointed by | 12 | | the Governor; | 13 | | (11) the Director of the Illinois State Police, or the | 14 | | Director's designee; | 15 | | (12) the Chief Judge of the Circuit Court of Cook | 16 | | County, or the Chief Judge's designee; | 17 | | (13) the President of Illinois State Bar Association, | 18 | | or the President's designee; | 19 | | (14) the President of the Illinois Probation and Court | 20 | | Services Association, or the President's designee; | 21 | | (15) one member representing a statewide civil | 22 | | liberties advocacy group, appointed by the Governor; | 23 | | (16) the Executive Director of the Administrative | 24 | | Office of the Illinois Courts, or the Executive Director's | 25 | | designee; | 26 | | (17) one member representing a racial justice advocacy |
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| 1 | | group, appointed by the Governor; | 2 | | (18) one member representing an immigrant advocacy | 3 | | group, appointed by the Governor; | 4 | | (19) one member representing a crime victims advocacy | 5 | | group, appointed by the Governor; | 6 | | (20) one member representing a domestic or sexual | 7 | | violence victims advocacy group, appointed by the | 8 | | Governor; and | 9 | | (21) two members of the public, appointed by the | 10 | | Governor. | 11 | | (c) Members shall serve 3-year terms without compensation. | 12 | | The Commission shall select its Chairperson. The Sentencing | 13 | | Policy Advisory Council shall provide administrative support | 14 | | to the Commission. | 15 | | (d) The Commission shall provide its first report to the | 16 | | General Assembly and the Governor on November 15, 2022 and | 17 | | shall include in the report any recommendations regarding | 18 | | eligibility for pretrial detention. Beginning in 2023, the | 19 | | Commission shall provide an annual report to the General | 20 | | Assembly and the Governor by December 31.
| 21 | | (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
| 22 | | Sec. 5-8A-4. Program description. The supervising | 23 | | authority may
promulgate rules that prescribe reasonable | 24 | | guidelines under which an
electronic monitoring and home | 25 | | detention program shall operate. When using electronic |
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| 1 | | monitoring for home detention these rules may include,
but not | 2 | | be limited to, the following:
| 3 | | (A) The participant may be instructed to remain within | 4 | | the interior premises or within
the property boundaries of | 5 | | his or her residence at all times during the
hours | 6 | | designated by the supervising authority. Such instances of | 7 | | approved
absences from the home shall include, but are not | 8 | | limited to, the following:
| 9 | | (1) working or employment approved by the court or | 10 | | traveling to or from
approved employment;
| 11 | | (2) unemployed and seeking employment approved for | 12 | | the participant by
the court;
| 13 | | (3) undergoing medical, psychiatric, mental health | 14 | | treatment,
counseling, or other treatment programs | 15 | | approved for the participant by
the court;
| 16 | | (4) attending an educational institution or a | 17 | | program approved for the
participant by the court;
| 18 | | (5) attending a regularly scheduled religious | 19 | | service at a place of worship;
| 20 | | (6) participating in community work release or | 21 | | community service
programs approved for the | 22 | | participant by the supervising authority;
| 23 | | (7) for another compelling reason consistent with | 24 | | the public interest,
as approved by the supervising | 25 | | authority; or | 26 | | (8) purchasing groceries, food, or other basic |
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| 1 | | necessities.
| 2 | | (A-1) At a minimum, any person ordered to pretrial | 3 | | home confinement with or without electronic monitoring | 4 | | must be provided with movement spread out over no fewer | 5 | | than 2 periods of time two days per week, to participate in | 6 | | basic activities such as those listed in paragraph (A). | 7 | | The periods of time shall be determined by the supervising | 8 | | authority. During any period of authorized movement, the | 9 | | supervising authority may monitor the participant's | 10 | | location. | 11 | | If a person on pretrial home confinement is charged | 12 | | with a forcible felony, the State may file a verified | 13 | | motion to deny the participant movement under this | 14 | | paragraph. Following a hearing, the court shall grant the | 15 | | motion only if the court finds by clear and convincing | 16 | | evidence that, based on the totality of the circumstances, | 17 | | movement should be denied. In evaluating the totality of | 18 | | the circumstances, the court shall consider if the | 19 | | movement restriction is necessary to prevent a specific, | 20 | | real, and present threat to the safety of another person | 21 | | or persons and whether the participant would be able to | 22 | | meet the participant's basic needs without movement under | 23 | | this paragraph. | 24 | | (B) The participant shall admit any person or agent | 25 | | designated by the
supervising authority into his or her | 26 | | residence at any time for
purposes of verifying the |
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| 1 | | participant's compliance with the conditions of
his or her | 2 | | detention.
| 3 | | (C) The participant shall make the necessary | 4 | | arrangements to allow for
any person or agent designated | 5 | | by the supervising authority to visit
the participant's | 6 | | place of education or employment at any time, based upon
| 7 | | the approval of the educational institution employer or | 8 | | both, for the
purpose of verifying the participant's | 9 | | compliance with the conditions of
his or her detention.
| 10 | | (D) The participant shall acknowledge and participate | 11 | | with the approved
electronic monitoring device as | 12 | | designated by the supervising authority
at any time for | 13 | | the purpose of verifying the
participant's compliance with | 14 | | the conditions of his or her detention.
| 15 | | (E) The participant shall maintain the following:
| 16 | | (1) access to a working telephone;
| 17 | | (2) a monitoring device in the participant's home, | 18 | | or on the
participant's person, or both; and
| 19 | | (3) a monitoring device in the participant's home | 20 | | and on the
participant's person in the absence of a | 21 | | telephone.
| 22 | | (F) The participant shall obtain approval from the | 23 | | supervising authority
before the participant changes | 24 | | residence or the schedule
described in subsection (A) of | 25 | | this Section. Such approval shall not be unreasonably | 26 | | withheld.
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| 1 | | (G) The participant shall not commit another crime | 2 | | during the period of
home detention ordered by the Court.
| 3 | | (H) Notice to the participant that violation of the | 4 | | order for home
detention may subject the participant to | 5 | | prosecution for the crime of escape
as described in | 6 | | Section 5-8A-4.1.
| 7 | | (I) The participant shall abide by other conditions as | 8 | | set by the
supervising authority. | 9 | | (J) This Section takes effect January 1, 2022.
| 10 | | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | 11 | | 102-687, eff. 12-17-21.)
| 12 | | Section 95. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act. | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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