Full Text of HB0231 95th General Assembly
HB0231 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0231
Introduced 1/19/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that upon admission of a committed person to a Department of Corrections facility as part of the prisoner's comprehensive physical examination and immediately prior to release of that person, the committed person shall be required to take tests for HIV/AIDS and methicillin resistant staphylococcus aureus (MRSA) infections administered by the Department. Provides that if the test result is positive, the committed person shall receive medical care for the infection paid by the Department during the committed person's incarceration. Provides that upon release of the committed person from incarceration, the costs of HIV/AIDS and MRSA treatment and counseling shall be paid by the Department of Healthcare and Family Services. Provides that the Department of Corrections shall develop a specialized discharge plan for a committed person who tests positive for HIV/AIDS or MRSA. Provides that the Department of Corrections, in consultation with the Department of Public Health and Prisoner Review Board, shall provide community reentry services for committed persons who test positive for HIV/AIDS or MRSA. Provides that each committed person shall be provided with HIV/AIDS and MRSA counseling. Provides that each committed person shall receive mandatory GED education that includes HIV/AIDS, MRSA, and hepatitis C prevention education. Provides that a defendant at least 17 years of age who has a high school diploma or who has passed the high
school level GED test and who is convicted of a felony and who is
sentenced to a term of imprisonment in the Department of Corrections shall be provided with an educational program that leads to the completion of an associate, baccalaureate, or
higher degree paid by the Department of Corrections. Effective immediately.
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A BILL FOR
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HB0231 |
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LRB095 04121 RLC 24548 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-1-2, 3-5-1, 3-6-2, and 5-5-3 and by adding | 6 |
| Sections 5-1-9.1 and 5-1-14.1 as follows:
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| (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
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| Sec. 3-1-2. Definitions. | 9 |
| (a) "Chief Administrative Officer" means the
person | 10 |
| designated by the Director to exercise the powers and duties of | 11 |
| the
Department of Corrections in regard to committed persons | 12 |
| within
a correctional institution or facility, and includes the
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| superintendent of any juvenile institution or facility.
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| (a-5) "Sex offense" for the purposes of paragraph (16) of | 15 |
| subsection (a) of Section 3-3-7, paragraph (10) of subsection | 16 |
| (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 17 |
| Section 5-6-3.1 only means: | 18 |
| (i) A violation of any of the following Sections of the | 19 |
| Criminal Code of
1961: 10-7 (aiding and abetting child | 20 |
| abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | 21 |
| luring), 11-6 (indecent solicitation of a child), 11-6.5
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| (indecent solicitation of an adult),
11-15.1 (soliciting | 23 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of |
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| juvenile prostitution), 11-18.1
(patronizing a juvenile | 2 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 3 |
| (exploitation of a child), 11-20.1 (child pornography), | 4 |
| 12-14.1
(predatory criminal sexual assault of a child), or | 5 |
| 12-33 (ritualized abuse of a
child). An attempt to commit | 6 |
| any of
these offenses. | 7 |
| (ii) A violation of any of the following Sections of | 8 |
| the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | 9 |
| 12-14 (aggravated criminal sexual assault), 12-16 | 10 |
| (aggravated criminal sexual abuse), and subsection (a) of | 11 |
| Section 12-15
(criminal sexual abuse). An attempt to commit
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| any of these offenses. | 13 |
| (iii) A violation of any of the following Sections of | 14 |
| the Criminal Code
of 1961 when the defendant is
not a | 15 |
| parent of the victim: | 16 |
| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping), | 18 |
| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint). | 20 |
| An attempt to commit any of these offenses. | 21 |
| (iv) A violation of any former law of this State | 22 |
| substantially
equivalent to any offense listed in this | 23 |
| subsection (a-5). | 24 |
| An offense violating federal law or the law of another | 25 |
| state
that is substantially equivalent to any offense listed in | 26 |
| this
subsection (a-5) shall constitute a sex offense for the |
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| purpose of
this subsection (a-5). A finding or adjudication as | 2 |
| a sexually dangerous person under
any federal law or law of | 3 |
| another state that is substantially equivalent to the
Sexually | 4 |
| Dangerous Persons Act shall constitute an adjudication for a | 5 |
| sex offense for the
purposes of this subsection (a-5).
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| (b) "Commitment" means a judicially determined placement
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| in the custody of the Department of Corrections on the basis of
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| delinquency or conviction.
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| (c) "Committed Person" is a person committed to the | 10 |
| Department,
however a committed person shall not be considered | 11 |
| to be an employee of
the Department of Corrections for any | 12 |
| purpose, including eligibility for
a pension, benefits, or any | 13 |
| other compensation or rights or privileges which
may be | 14 |
| provided to employees of the Department.
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| (d) "Correctional Institution or Facility" means any | 16 |
| building or
part of a building where committed persons are kept | 17 |
| in a secured manner.
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| (e) In the case of functions performed before the effective | 19 |
| date of this amendatory Act of the 94th General Assembly, | 20 |
| "Department" means the Department of Corrections of this State. | 21 |
| In the case of functions performed on or after the effective | 22 |
| date of this amendatory Act of the 94th General Assembly, | 23 |
| "Department" has the meaning ascribed to it in subsection | 24 |
| (f-5).
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| (f) In the case of functions performed before the effective | 26 |
| date of this amendatory Act of the 94th General Assembly, |
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| "Director" means the Director of the Department of Corrections. | 2 |
| In the case of functions performed on or after the effective | 3 |
| date of this amendatory Act of the 94th General Assembly, | 4 |
| "Director" has the meaning ascribed to it in subsection (f-5).
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| (f-5) In the case of functions performed on or after the | 6 |
| effective date of this amendatory Act of the 94th General | 7 |
| Assembly, references to "Department" or "Director" refer to | 8 |
| either the Department of Corrections or the Director of | 9 |
| Corrections or to the Department of Juvenile Justice or the | 10 |
| Director of Juvenile Justice unless the context is specific to | 11 |
| the Department of Juvenile Justice or the Director of Juvenile | 12 |
| Justice.
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| (g) "Discharge" means the final termination of a commitment
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| to the Department of Corrections.
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| (h) "Discipline" means the rules and regulations for the
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| maintenance of order and the protection of persons and property
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| within the institutions and facilities of the Department and
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| their enforcement.
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| (i) "Escape" means the intentional and unauthorized | 20 |
| absence
of a committed person from the custody of the | 21 |
| Department.
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| (j) "Furlough" means an authorized leave of absence from | 23 |
| the
Department of Corrections for a designated purpose and | 24 |
| period of time.
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| (j-5) "HIV/AIDS" means the human immunodeficiency virus or | 26 |
| any other
identified causative agent of acquired |
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| immunodeficiency syndrome.
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| (j-6) "MRSA" means methicillin resistant staphylococcus | 3 |
| aureus infections.
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| (k) "Parole" means the conditional and revocable release
of | 5 |
| a committed person under the supervision of a parole officer.
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| (l) "Prisoner Review Board" means the Board established in
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| Section 3-3-1(a), independent of the Department, to review
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| rules and regulations with respect to good time credits, to
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| hear charges brought by the Department against certain | 10 |
| prisoners
alleged to have violated Department rules with | 11 |
| respect to good
time credits, to set release dates for certain | 12 |
| prisoners
sentenced under the law in effect prior to the | 13 |
| effective
date of this Amendatory Act of 1977, to hear requests | 14 |
| and
make recommendations to the Governor with respect to | 15 |
| pardon,
reprieve or commutation, to set conditions for parole | 16 |
| and
mandatory supervised release and determine whether | 17 |
| violations
of those conditions justify revocation of parole or | 18 |
| release,
and to assume all other functions previously exercised | 19 |
| by the
Illinois Parole and Pardon Board.
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| (m) Whenever medical treatment, service, counseling, or
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| care is referred to in this Unified Code of Corrections,
such | 22 |
| term may be construed by the Department or Court, within
its | 23 |
| discretion, to include treatment, service or counseling by
a | 24 |
| Christian Science practitioner or nursing care appropriate
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| therewith whenever request therefor is made by a person subject
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| to the provisions of this Act.
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| (n) "Victim" shall have the meaning ascribed to it in | 2 |
| subsection (a) of
Section 3 of the Bill of Rights for Victims | 3 |
| and Witnesses of Violent Crime Act.
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| (Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06 .)
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| (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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| Sec. 3-5-1. Master Record File.
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| (a) The Department of Corrections and the Department of | 8 |
| Juvenile Justice shall
maintain a master record file on each | 9 |
| person committed to it,
which shall contain the following | 10 |
| information:
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| (1) all information from the committing court;
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| (2) reception summary;
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| (3) evaluation and assignment reports and | 14 |
| recommendations;
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| (4) reports as to program assignment and progress;
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| (5) reports of disciplinary infractions and | 17 |
| disposition;
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| (6) any parole plan;
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| (7) any parole reports;
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| (8) the date and circumstances of final discharge; | 21 |
| (9) The results of an HIV/AIDS and MRSA test | 22 |
| administered under subsection (i) of Section 3-6-2; and | 23 |
| (10) any
other pertinent data concerning the person's | 24 |
| background,
conduct, associations and family relationships | 25 |
| as may be
required by the respective Department. |
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| A current summary index shall be
maintained on each file | 2 |
| which shall include the person's known active and
past
gang | 3 |
| affiliations and ranks.
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| (b) All files shall be confidential and access shall be
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| limited to authorized personnel of the respective Department.
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| Personnel of other correctional, welfare or law enforcement
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| agencies may have access to files under rules and regulations
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| of the respective Department. The respective Department shall | 9 |
| keep a record of all
outside personnel who have access to | 10 |
| files, the files reviewed,
any file material copied, and the | 11 |
| purpose of access. If the
respective Department or the Prisoner | 12 |
| Review Board makes a determination
under this Code which | 13 |
| affects the length of the period of
confinement or commitment, | 14 |
| the committed person and his counsel
shall be advised of | 15 |
| factual information relied upon by the
respective Department or | 16 |
| Board to make the determination, provided that
the Department | 17 |
| or Board shall not be required to advise a
person committed to | 18 |
| the Department of Juvenile Justice any such information
which | 19 |
| in the opinion of the Department of Juvenile Justice or Board | 20 |
| would be
detrimental to his treatment or rehabilitation.
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| (c) The master file shall be maintained at a place
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| convenient to its use by personnel of the respective Department | 23 |
| in
charge of the person. When custody of a person is | 24 |
| transferred
from the Department to another department or | 25 |
| agency, a
summary of the file shall be forwarded to the | 26 |
| receiving
agency with such other information required by law or
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| requested by the agency under rules and regulations of the
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| respective Department.
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| (d) The master file of a person no longer in the custody
of | 4 |
| the respective Department shall be placed on inactive status | 5 |
| and its
use shall be restricted subject to rules and | 6 |
| regulations of
the Department.
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| (e) All public agencies may make available to the
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| respective Department on request any factual data not otherwise
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| privileged as a matter of law in their possession in respect
to | 10 |
| individuals committed to the respective Department.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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| (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 13 |
| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 15 |
| be
administered by a chief administrative officer appointed by
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| the Director. A chief administrative officer shall be
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| responsible for all persons assigned to the institution or
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| facility. The chief administrative officer shall administer
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| the programs of the Department for the custody and treatment
of | 20 |
| such persons.
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| (b) The chief administrative officer shall have such | 22 |
| assistants
as the Department may assign.
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| (c) The Director or Assistant Director shall have the
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| emergency powers to temporarily transfer individuals without
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| formal procedures to any State, county, municipal or regional
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| correctional or detention institution or facility in the State,
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| subject to the acceptance of such receiving institution or
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| facility, or to designate any reasonably secure place in the
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| State as such an institution or facility and to make transfers
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| thereto. However, transfers made under emergency powers shall
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| be reviewed as soon as practicable under Article 8, and shall
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| be subject to Section 5-905 of the Juvenile Court Act of
1987. | 8 |
| This Section shall not apply to transfers to the Department of
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| Human Services which are provided for under
Section 3-8-5 or | 10 |
| Section 3-10-5.
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| (d) The Department shall provide educational programs for | 12 |
| all
committed persons so that all persons have an opportunity | 13 |
| to
attain the achievement level equivalent to the completion of
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| an associate, baccalaureate, or
higher degree from a community | 15 |
| college, college, or university located in
Illinois
the twelfth | 16 |
| grade in the public school system in this State .
Other higher | 17 |
| levels of attainment shall be encouraged and
professional | 18 |
| instruction shall be maintained wherever possible.
The | 19 |
| Department may establish programs of mandatory education and | 20 |
| may
establish rules and regulations for the administration of | 21 |
| such programs.
The costs of such educational programs shall be | 22 |
| paid by the Department
A person committed to the Department | 23 |
| who, during the period of his or her
incarceration, | 24 |
| participates in an educational program provided by or through
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| the Department and through that program is awarded or earns the | 26 |
| number of
hours of credit required for the award of an |
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| associate, baccalaureate, or
higher degree from a community | 2 |
| college, college, or university located in
Illinois shall | 3 |
| reimburse the State, through the Department, for the costs
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| incurred by the State in providing that person during his or | 5 |
| her incarceration
with the education that qualifies him or her | 6 |
| for the award of that degree. The
costs for which reimbursement | 7 |
| is required under this subsection shall be
determined and | 8 |
| computed by the Department under rules and regulations that
it | 9 |
| shall establish for that purpose. However, interest at the rate | 10 |
| of 6%
per annum shall be charged on the balance of those costs | 11 |
| from time to time
remaining unpaid, from the date of the | 12 |
| person's parole, mandatory supervised
release, or release | 13 |
| constituting a final termination of his or her commitment
to | 14 |
| the Department until paid .
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| (d-5) A person committed to the Department is entitled to | 16 |
| confidential testing for infection with human immunodeficiency | 17 |
| virus (HIV) and to counseling in connection with such testing, | 18 |
| with no copay to the committed person. A person committed to | 19 |
| the Department who has tested positive for infection with HIV | 20 |
| is entitled to medical care while incarcerated, counseling, and | 21 |
| referrals to support services, in connection with that positive | 22 |
| test result. Implementation of this subsection (d-5) is subject | 23 |
| to appropriation.
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| (e) A person committed to the Department who becomes in | 25 |
| need
of medical or surgical treatment but is incapable of | 26 |
| giving
consent thereto shall receive such medical or surgical |
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| treatment
by the chief administrative officer consenting on the | 2 |
| person's behalf.
Before the chief administrative officer | 3 |
| consents, he or she shall
obtain the advice of one or more | 4 |
| physicians licensed to practice medicine
in all its branches in | 5 |
| this State. If such physician or physicians advise:
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| (1) that immediate medical or surgical treatment is | 7 |
| required
relative to a condition threatening to cause | 8 |
| death, damage or
impairment to bodily functions, or | 9 |
| disfigurement; and
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| (2) that the person is not capable of giving consent to | 11 |
| such treatment;
the chief administrative officer may give | 12 |
| consent for such
medical or surgical treatment, and such | 13 |
| consent shall be
deemed to be the consent of the person for | 14 |
| all purposes,
including, but not limited to, the authority | 15 |
| of a physician
to give such treatment. | 16 |
| (e-5) If a physician providing medical care to a committed | 17 |
| person on behalf of the Department advises the chief | 18 |
| administrative officer that the committed person's mental or | 19 |
| physical health has deteriorated as a result of the cessation | 20 |
| of ingestion of food or liquid to the point where medical or | 21 |
| surgical treatment is required to prevent death, damage, or | 22 |
| impairment to bodily functions, the chief administrative | 23 |
| officer may authorize such medical or surgical treatment.
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| (f) In the event that the person requires medical care and
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| treatment at a place other than the institution or facility,
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| the person may be removed therefrom under conditions prescribed
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| by the Department.
The Department shall require the committed | 2 |
| person receiving medical or dental
services on a non-emergency | 3 |
| basis to pay a $2 co-payment to the Department for
each visit | 4 |
| for medical or dental services. The amount of each co-payment | 5 |
| shall be deducted from the
committed person's individual | 6 |
| account.
A committed person who has a chronic illness, as | 7 |
| defined by Department rules
and regulations, shall be exempt | 8 |
| from the $2 co-payment for treatment of the
chronic illness. A | 9 |
| committed person shall not be subject to a $2 co-payment
for | 10 |
| follow-up visits ordered by a physician, who is employed by, or | 11 |
| contracts
with, the Department. A committed person who is | 12 |
| indigent is exempt from the
$2 co-payment
and is entitled to | 13 |
| receive medical or dental services on the same basis as a
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| committed person who is financially able to afford the | 15 |
| co-payment.
Notwithstanding any other provision in this | 16 |
| subsection (f) to the contrary,
any person committed to any | 17 |
| facility operated by the Department of Juvenile Justice, as set
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| forth in Section 3-2.5-15 of this Code, is exempt from the
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| co-payment requirement for the duration of confinement in those | 20 |
| facilities.
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| (g) Any person having sole custody of a child at
the time | 22 |
| of commitment or any woman giving birth to a child after
her | 23 |
| commitment, may arrange through the Department of Children
and | 24 |
| Family Services for suitable placement of the child outside
of | 25 |
| the Department of Corrections. The Director of the Department
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| of Corrections may determine that there are special reasons why
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| the child should continue in the custody of the mother until | 2 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 4 |
| Services which
may consist of, but not be limited to the | 5 |
| following:
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| (1) family advocacy counseling;
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| (2) parent self-help group;
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| (3) parenting skills training;
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| (4) parent and child overnight program;
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| (5) parent and child reunification counseling, either | 11 |
| separately or
together, preceding the inmate's release; | 12 |
| and
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| (6) a prerelease reunification staffing involving the | 14 |
| family advocate,
the inmate and the child's counselor, or | 15 |
| both and the inmate.
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| (i) The Department of Corrections, in consultation with the | 17 |
| Department of Public Health, shall develop and implement an
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| HIV/AIDS
and MRSA prevention education program targeted to
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| offenders incarcerated in Department of Corrections | 20 |
| facilities, significant
others, and families of adult and | 21 |
| juvenile prison inmates.
Through this program, the Illinois | 22 |
| Department of Corrections shall: (1)
provide, in all public | 23 |
| places of detention facilities
and prisons, printed | 24 |
| information on the transmission and prevention of
HIV/AIDS, | 25 |
| hepatitis C, MRSA, and other sexually transmitted
diseases and | 26 |
| referral
information to community-based providers of
HIV/AIDS |
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| prevention, HIV/AIDS treatment, and HIV/AIDS counseling and
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| testing services throughout Illinois; (2) display in all public | 3 |
| places
of detention facilities and prisons in which video | 4 |
| equipment is available an HIV/AIDS and MRSA informational
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| video, produced by a national organization with expertise in | 6 |
| HIV/AIDS
prevention; (3) provide written information on the
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| transmission and prevention of HIV/AIDS, hepatitis C, MRSA, and | 8 |
| other sexually
transmitted diseases to all inmates upon | 9 |
| entrance to a
detention center or prison and offer voluntary | 10 |
| HIV/AIDS and MRSA testing to all inmates;
and
(4) provide | 11 |
| written information on the transmission
and prevention of | 12 |
| HIV/AIDS, hepatitis C, MRSA, and other sexually transmitted
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| diseases to all inmates just prior to their release from
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| custody and referral to appropriate community based | 15 |
| organizations that provide
HIV/AIDS services and HIV/AIDS | 16 |
| counseling and
testing. | 17 |
| Upon admission of a committed person to a Department of | 18 |
| Corrections facility as part of his or her comprehensive | 19 |
| physical examination and immediately prior to release of that | 20 |
| person, the committed person shall be required to take a test | 21 |
| for HIV/AIDS and MRSA administered by the Department.
Prior to | 22 |
| the release of any inmate who has a documented history
of | 23 |
| intravenous drug use, and upon the receipt of that inmate's | 24 |
| written
informed consent, the Department shall provide for the | 25 |
| testing of such
inmate for infection with human | 26 |
| immunodeficiency virus (HIV) and any other
identified |
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| causative agent of acquired immunodeficiency syndrome (AIDS). | 2 |
| The
testing provided under this subsection shall consist of an | 3 |
| enzyme-linked
immunosorbent assay (ELISA) test or such other | 4 |
| test as may be approved by
the Illinois Department of Public | 5 |
| Health. If the test result is positive,
the Western Blot Assay | 6 |
| or more reliable confirmatory test shall be
administered. Each | 7 |
| committed person
All inmates tested in accordance with the | 8 |
| provisions of this
subsection shall be provided with HIV/AIDS | 9 |
| and MRSA
pre-test and post-test counseling.
If the test result | 10 |
| is positive, the committed person shall receive medical care | 11 |
| for the infection paid by the Department during the committed | 12 |
| person's incarceration. The Department shall develop a | 13 |
| specialized discharge plan for a committed person who tests | 14 |
| positive for HIV/AIDS or MRSA. The Department, in consultation | 15 |
| with the Department of Public Health and Prisoner Review Board, | 16 |
| shall provide community reentry services for committed persons | 17 |
| who test positive for HIV/AIDS or MRSA. Upon the release of the | 18 |
| committed person from incarceration, the costs of medical | 19 |
| treatment and counseling for HIV/AIDS and MRSA shall be paid by | 20 |
| the Department of Healthcare and Family Services. | 21 |
| One year after the implementation of this amendatory Act of | 22 |
| the 95th General Assembly, the Department of Corrections shall | 23 |
| report to the General Assembly on the effectiveness of the | 24 |
| program created by this amendatory Act in preventing HIV/AIDS | 25 |
| and MRSA.
Notwithstanding any provision of this subsection to | 26 |
| the contrary, the
Department shall not be required to conduct |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| the testing and counseling
required by this subsection unless | 2 |
| sufficient funds to cover all costs of
such testing and | 3 |
| counseling are appropriated for that
purpose by the General | 4 |
| Assembly.
| 5 |
| (j) Any person convicted of a sex offense as defined in the | 6 |
| Sex Offender
Management Board Act shall be required to receive | 7 |
| a sex offender evaluation
prior to release into the community | 8 |
| from the Department of Corrections. The
sex offender evaluation | 9 |
| shall be conducted in conformance with the standards
and | 10 |
| guidelines developed under
the Sex Offender Management Board | 11 |
| Act and by an evaluator approved by the
Board.
| 12 |
| (k) Any minor committed to the Department of Juvenile | 13 |
| Justice
for a sex offense as defined by the Sex Offender | 14 |
| Management Board Act shall be
required to undergo sex offender | 15 |
| treatment by a treatment provider approved by
the Board and | 16 |
| conducted in conformance with the Sex Offender Management Board
| 17 |
| Act.
| 18 |
| (l) Prior to the release of any inmate, the Department must | 19 |
| provide the inmate with the option of testing for infection | 20 |
| with human immunodeficiency virus (HIV), as well as counseling | 21 |
| in connection with such testing, with no copayment for the | 22 |
| test. At the same time, the Department shall require each such | 23 |
| inmate to sign a form stating that the inmate has been informed | 24 |
| of his or her rights with respect to the testing required to be | 25 |
| offered under this subsection (l) and providing the inmate with | 26 |
| an opportunity to indicate either that he or she wants to be |
|
|
|
HB0231 |
- 17 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| tested or that he or she does not want to be tested. The | 2 |
| Department, in consultation with the Department of Public | 3 |
| Health, shall prescribe the contents of the form. The
testing | 4 |
| provided under this subsection (l) shall consist of an | 5 |
| enzyme-linked
immunosorbent assay (ELISA) test or any other | 6 |
| test approved by
the Department of Public Health. If the test | 7 |
| result is positive,
the Western Blot Assay or more reliable | 8 |
| confirmatory test shall be
administered. | 9 |
| Prior to the release of an inmate who the Department knows | 10 |
| has tested positive for infection with HIV, the Department in a | 11 |
| timely manner shall offer the inmate transitional case | 12 |
| management, including referrals to other support services.
| 13 |
| Implementation of this subsection (l) is subject to | 14 |
| appropriation.
| 15 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | 16 |
| eff. 1-1-06; 94-696, eff. 6-1-06 .)
| 17 |
| (730 ILCS 5/5-1-9.1 new)
| 18 |
| Sec. 5-1-9.1. HIV/AIDS. "HIV/AIDS" has the meaning | 19 |
| ascribed to it in Section 3-1-2 of this Code. | 20 |
| (730 ILCS 5/5-1-14.1 new)
| 21 |
| Sec. 5-1-14.1. MRSA. "MRSA" has the meaning ascribed to it | 22 |
| in Section 3-1-2 of this Code.
| 23 |
| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
|
|
|
HB0231 |
- 18 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| (Text of Section before amendment by P.A. 94-1035 )
| 2 |
| Sec. 5-5-3. Disposition.
| 3 |
| (a) Except as provided in Section 11-501 of the Illinois | 4 |
| Vehicle Code, every person convicted of an offense shall be | 5 |
| sentenced as provided
in this Section.
| 6 |
| (b) The following options shall be appropriate | 7 |
| dispositions, alone
or in combination, for all felonies and | 8 |
| misdemeanors other than those
identified in subsection (c) of | 9 |
| this Section:
| 10 |
| (1) A period of probation.
| 11 |
| (2) A term of periodic imprisonment.
| 12 |
| (3) A term of conditional discharge.
| 13 |
| (4) A term of imprisonment.
| 14 |
| (5) An order directing the offender to clean up and | 15 |
| repair the
damage, if the offender was convicted under | 16 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 17 |
| (now repealed).
| 18 |
| (6) A fine.
| 19 |
| (7) An order directing the offender to make restitution | 20 |
| to the
victim under Section 5-5-6 of this Code.
| 21 |
| (8) A sentence of participation in a county impact | 22 |
| incarceration
program under Section 5-8-1.2 of this Code. | 23 |
| (9) A term of imprisonment in combination with a term | 24 |
| of probation when the offender has been admitted into a | 25 |
| drug court program under Section 20 of the Drug Court | 26 |
| Treatment Act.
|
|
|
|
HB0231 |
- 19 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| Neither a fine nor restitution shall be the sole | 2 |
| disposition
for a felony and either or both may be imposed only | 3 |
| in conjunction with
another disposition.
| 4 |
| (c) (1) When a defendant is found guilty of first degree | 5 |
| murder the
State may either seek a sentence of imprisonment | 6 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 7 |
| a sentence of death under Section 9-1
of the Criminal Code | 8 |
| of 1961.
| 9 |
| (2) A period of probation, a term of periodic | 10 |
| imprisonment or
conditional discharge shall not be imposed | 11 |
| for the following offenses.
The court shall sentence the | 12 |
| offender to not less than the minimum term
of imprisonment | 13 |
| set forth in this Code for the following offenses, and
may | 14 |
| order a fine or restitution or both in conjunction with | 15 |
| such term of
imprisonment:
| 16 |
| (A) First degree murder where the death penalty is | 17 |
| not imposed.
| 18 |
| (B) Attempted first degree murder.
| 19 |
| (C) A Class X felony.
| 20 |
| (D) A violation of Section 401.1 or 407 of the
| 21 |
| Illinois Controlled Substances Act, or a violation of | 22 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 23 |
| which relates to more than 5 grams of a substance
| 24 |
| containing heroin or cocaine or an analog thereof.
| 25 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 26 |
| Control
Act.
|
|
|
|
HB0231 |
- 20 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| (F) A Class 2 or greater felony if the offender had | 2 |
| been convicted
of a Class 2 or greater felony within 10 | 3 |
| years of the date on which the
offender
committed the | 4 |
| offense for which he or she is being sentenced, except | 5 |
| as
otherwise provided in Section 40-10 of the | 6 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 7 |
| (F-5) A violation of Section 24-1, 24-1.1, or | 8 |
| 24-1.6 of the Criminal Code of 1961 for which | 9 |
| imprisonment is prescribed in those Sections.
| 10 |
| (G) Residential burglary, except as otherwise | 11 |
| provided in Section 40-10
of the Alcoholism and Other | 12 |
| Drug Abuse and Dependency Act.
| 13 |
| (H) Criminal sexual assault.
| 14 |
| (I) Aggravated battery of a senior citizen.
| 15 |
| (J) A forcible felony if the offense was related to | 16 |
| the activities of an
organized gang.
| 17 |
| Before July 1, 1994, for the purposes of this | 18 |
| paragraph, "organized
gang" means an association of 5 | 19 |
| or more persons, with an established hierarchy,
that | 20 |
| encourages members of the association to perpetrate | 21 |
| crimes or provides
support to the members of the | 22 |
| association who do commit crimes.
| 23 |
| Beginning July 1, 1994, for the purposes of this | 24 |
| paragraph,
"organized gang" has the meaning ascribed | 25 |
| to it in Section 10 of the Illinois
Streetgang | 26 |
| Terrorism Omnibus Prevention Act.
|
|
|
|
HB0231 |
- 21 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| (K) Vehicular hijacking.
| 2 |
| (L) A second or subsequent conviction for the | 3 |
| offense of hate crime
when the underlying offense upon | 4 |
| which the hate crime is based is felony
aggravated
| 5 |
| assault or felony mob action.
| 6 |
| (M) A second or subsequent conviction for the | 7 |
| offense of institutional
vandalism if the damage to the | 8 |
| property exceeds $300.
| 9 |
| (N) A Class 3 felony violation of paragraph (1) of | 10 |
| subsection (a) of
Section 2 of the Firearm Owners | 11 |
| Identification Card Act.
| 12 |
| (O) A violation of Section 12-6.1 of the Criminal | 13 |
| Code of 1961.
| 14 |
| (P) A violation of paragraph (1), (2), (3), (4), | 15 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 16 |
| Criminal Code of 1961.
| 17 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 18 |
| Criminal Code of
1961.
| 19 |
| (R) A violation of Section 24-3A of the Criminal | 20 |
| Code of
1961.
| 21 |
| (S) (Blank).
| 22 |
| (T) A second or subsequent violation of the | 23 |
| Methamphetamine Control and Community Protection Act.
| 24 |
| (3) (Blank).
| 25 |
| (4) A minimum term of imprisonment of not less than 10
| 26 |
| consecutive days or 30 days of community service shall be |
|
|
|
HB0231 |
- 22 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 2 |
| of the Illinois Vehicle Code.
| 3 |
| (4.1) (Blank).
| 4 |
| (4.2) Except as provided in paragraph (4.3) of this | 5 |
| subsection (c), a
minimum of
100 hours of community service | 6 |
| shall be imposed for a second violation of
Section 6-303
of | 7 |
| the Illinois Vehicle Code.
| 8 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 9 |
| hours of community
service, as determined by the court, | 10 |
| shall
be imposed for a second violation of subsection (c) | 11 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 12 |
| (4.4) Except as provided in paragraph (4.5) and | 13 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 14 |
| imprisonment of 30 days or 300 hours of community service, | 15 |
| as
determined by the court, shall
be imposed
for a third or | 16 |
| subsequent violation of Section 6-303 of the Illinois | 17 |
| Vehicle
Code.
| 18 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 19 |
| be imposed for a third violation of subsection (c) of
| 20 |
| Section 6-303 of the Illinois Vehicle Code.
| 21 |
| (4.6) A minimum term of imprisonment of 180 days shall | 22 |
| be imposed for a
fourth or subsequent violation of | 23 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 24 |
| Code.
| 25 |
| (5) The court may sentence an offender convicted of a | 26 |
| business
offense or a petty offense or a corporation or |
|
|
|
HB0231 |
- 23 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| unincorporated
association convicted of any offense to:
| 2 |
| (A) a period of conditional discharge;
| 3 |
| (B) a fine;
| 4 |
| (C) make restitution to the victim under Section | 5 |
| 5-5-6 of this Code.
| 6 |
| (5.1) In addition to any penalties imposed under | 7 |
| paragraph (5) of this
subsection (c), and except as | 8 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 9 |
| violating subsection (c) of Section 11-907 of the Illinois
| 10 |
| Vehicle Code shall have his or her driver's license, | 11 |
| permit, or privileges
suspended for at least 90 days but | 12 |
| not more than one year, if the violation
resulted in damage | 13 |
| to the property of another person.
| 14 |
| (5.2) In addition to any penalties imposed under | 15 |
| paragraph (5) of this
subsection (c), and except as | 16 |
| provided in paragraph (5.3), a person convicted
of | 17 |
| violating subsection (c) of Section 11-907 of the Illinois | 18 |
| Vehicle Code
shall have his or her driver's license, | 19 |
| permit, or privileges suspended for at
least 180 days but | 20 |
| not more than 2 years, if the violation resulted in injury
| 21 |
| to
another person.
| 22 |
| (5.3) In addition to any penalties imposed under | 23 |
| paragraph (5) of
this
subsection (c), a person convicted of | 24 |
| violating subsection (c) of Section
11-907 of the Illinois | 25 |
| Vehicle Code shall have his or her driver's license,
| 26 |
| permit, or privileges suspended for 2 years, if the |
|
|
|
HB0231 |
- 24 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| violation resulted in the
death of another person.
| 2 |
| (6) In no case shall an offender be eligible for a | 3 |
| disposition of
probation or conditional discharge for a | 4 |
| Class 1 felony committed while
he was serving a term of | 5 |
| probation or conditional discharge for a felony.
| 6 |
| (7) When a defendant is adjudged a habitual criminal | 7 |
| under Article
33B of the Criminal Code of 1961, the court | 8 |
| shall sentence
the defendant to a term of natural life | 9 |
| imprisonment.
| 10 |
| (8) When a defendant, over the age of 21 years, is | 11 |
| convicted of a
Class 1 or Class 2 felony, after having | 12 |
| twice been convicted
in any state or
federal court of an | 13 |
| offense that contains the same elements as an offense now
| 14 |
| classified in Illinois as a Class 2 or greater Class felony
| 15 |
| and such charges are
separately brought and tried and arise | 16 |
| out of different series of acts,
such defendant shall be | 17 |
| sentenced as a Class X offender. This paragraph
shall not | 18 |
| apply unless (1) the first felony was committed after the
| 19 |
| effective date of this amendatory Act of 1977; and (2) the | 20 |
| second felony
was committed after conviction on the first; | 21 |
| and (3) the third felony
was committed after conviction on | 22 |
| the second.
A person sentenced as a Class X offender under | 23 |
| this paragraph is not
eligible to apply for treatment as a | 24 |
| condition of probation as provided by
Section 40-10 of the | 25 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 26 |
| (9) A defendant convicted of a second or subsequent |
|
|
|
HB0231 |
- 25 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| offense of ritualized
abuse of a child may be sentenced to | 2 |
| a term of natural life imprisonment.
| 3 |
| (10) (Blank).
| 4 |
| (11) The court shall impose a minimum fine of $1,000 | 5 |
| for a first offense
and $2,000 for a second or subsequent | 6 |
| offense upon a person convicted of or
placed on supervision | 7 |
| for battery when the individual harmed was a sports
| 8 |
| official or coach at any level of competition and the act | 9 |
| causing harm to the
sports
official or coach occurred | 10 |
| within an athletic facility or within the immediate | 11 |
| vicinity
of the athletic facility at which the sports | 12 |
| official or coach was an active
participant
of the athletic | 13 |
| contest held at the athletic facility. For the purposes of
| 14 |
| this paragraph (11), "sports official" means a person at an | 15 |
| athletic contest
who enforces the rules of the contest, | 16 |
| such as an umpire or referee; "athletic facility" means an | 17 |
| indoor or outdoor playing field or recreational area where | 18 |
| sports activities are conducted;
and "coach" means a person | 19 |
| recognized as a coach by the sanctioning
authority that | 20 |
| conducted the sporting event. | 21 |
| (12) A person may not receive a disposition of court | 22 |
| supervision for a
violation of Section 5-16 of the Boat | 23 |
| Registration and Safety Act if that
person has previously | 24 |
| received a disposition of court supervision for a
violation | 25 |
| of that Section.
| 26 |
| (d) In any case in which a sentence originally imposed is |
|
|
|
HB0231 |
- 26 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| vacated,
the case shall be remanded to the trial court. The | 2 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 3 |
| Unified Code of Corrections
which may include evidence of the | 4 |
| defendant's life, moral character and
occupation during the | 5 |
| time since the original sentence was passed. The
trial court | 6 |
| shall then impose sentence upon the defendant. The trial
court | 7 |
| may impose any sentence which could have been imposed at the
| 8 |
| original trial subject to Section 5-5-4 of the Unified Code of | 9 |
| Corrections.
If a sentence is vacated on appeal or on | 10 |
| collateral attack due to the
failure of the trier of fact at | 11 |
| trial to determine beyond a reasonable doubt
the
existence of a | 12 |
| fact (other than a prior conviction) necessary to increase the
| 13 |
| punishment for the offense beyond the statutory maximum | 14 |
| otherwise applicable,
either the defendant may be re-sentenced | 15 |
| to a term within the range otherwise
provided or, if the State | 16 |
| files notice of its intention to again seek the
extended | 17 |
| sentence, the defendant shall be afforded a new trial.
| 18 |
| (e) In cases where prosecution for
aggravated criminal | 19 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 20 |
| results in conviction of a defendant
who was a family member of | 21 |
| the victim at the time of the commission of the
offense, the | 22 |
| court shall consider the safety and welfare of the victim and
| 23 |
| may impose a sentence of probation only where:
| 24 |
| (1) the court finds (A) or (B) or both are appropriate:
| 25 |
| (A) the defendant is willing to undergo a court | 26 |
| approved counseling
program for a minimum duration of 2 |
|
|
|
HB0231 |
- 27 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| years; or
| 2 |
| (B) the defendant is willing to participate in a | 3 |
| court approved plan
including but not limited to the | 4 |
| defendant's:
| 5 |
| (i) removal from the household;
| 6 |
| (ii) restricted contact with the victim;
| 7 |
| (iii) continued financial support of the | 8 |
| family;
| 9 |
| (iv) restitution for harm done to the victim; | 10 |
| and
| 11 |
| (v) compliance with any other measures that | 12 |
| the court may
deem appropriate; and
| 13 |
| (2) the court orders the defendant to pay for the | 14 |
| victim's counseling
services, to the extent that the court | 15 |
| finds, after considering the
defendant's income and | 16 |
| assets, that the defendant is financially capable of
paying | 17 |
| for such services, if the victim was under 18 years of age | 18 |
| at the
time the offense was committed and requires | 19 |
| counseling as a result of the
offense.
| 20 |
| Probation may be revoked or modified pursuant to Section | 21 |
| 5-6-4; except
where the court determines at the hearing that | 22 |
| the defendant violated a
condition of his or her probation | 23 |
| restricting contact with the victim or
other family members or | 24 |
| commits another offense with the victim or other
family | 25 |
| members, the court shall revoke the defendant's probation and
| 26 |
| impose a term of imprisonment.
|
|
|
|
HB0231 |
- 28 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| For the purposes of this Section, "family member" and | 2 |
| "victim" shall have
the meanings ascribed to them in Section | 3 |
| 12-12 of the Criminal Code of
1961.
| 4 |
| (f) This Article shall not deprive a court in other | 5 |
| proceedings to
order a forfeiture of property, to suspend or | 6 |
| cancel a license, to
remove a person from office, or to impose | 7 |
| any other civil penalty.
| 8 |
| (g) Whenever a defendant is convicted of an offense under | 9 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 10 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 11 |
| of the Criminal Code of 1961,
the defendant shall undergo | 12 |
| medical testing to
determine whether the defendant has any | 13 |
| sexually transmissible disease,
including a test for infection | 14 |
| with human immunodeficiency virus (HIV) or
any other identified | 15 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 16 |
| Any such medical test shall be performed only by appropriately
| 17 |
| licensed medical practitioners and may include an analysis of | 18 |
| any bodily
fluids as well as an examination of the defendant's | 19 |
| person.
Except as otherwise provided by law, the results of | 20 |
| such test shall be kept
strictly confidential by all medical | 21 |
| personnel involved in the testing and must
be personally | 22 |
| delivered in a sealed envelope to the judge of the court in | 23 |
| which
the conviction was entered for the judge's inspection in | 24 |
| camera. Acting in
accordance with the best interests of the | 25 |
| victim and the public, the judge
shall have the discretion to | 26 |
| determine to whom, if anyone, the results of the
testing may be |
|
|
|
HB0231 |
- 29 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| revealed. The court shall notify the defendant
of the test | 2 |
| results. The court shall
also notify the victim if requested by | 3 |
| the victim, and if the victim is under
the age of 15 and if | 4 |
| requested by the victim's parents or legal guardian, the
court | 5 |
| shall notify the victim's parents or legal guardian of the test
| 6 |
| results.
The court shall provide information on the | 7 |
| availability of HIV testing
and counseling at Department of | 8 |
| Public Health facilities to all parties to
whom the results of | 9 |
| the testing are revealed and shall direct the State's
Attorney | 10 |
| to provide the information to the victim when possible.
A | 11 |
| State's Attorney may petition the court to obtain the results | 12 |
| of any HIV test
administered under this Section, and the court | 13 |
| shall grant the disclosure if
the State's Attorney shows it is | 14 |
| relevant in order to prosecute a charge of
criminal | 15 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 16 |
| of 1961
against the defendant. The court shall order that the | 17 |
| cost of any such test
shall be paid by the county and may be | 18 |
| taxed as costs against the convicted
defendant.
| 19 |
| (g-5) When an inmate is tested for an airborne communicable | 20 |
| disease, as
determined by the Illinois Department of Public | 21 |
| Health including but not
limited to tuberculosis, the results | 22 |
| of the test shall be
personally delivered by the warden or his | 23 |
| or her designee in a sealed envelope
to the judge of the court | 24 |
| in which the inmate must appear for the judge's
inspection in | 25 |
| camera if requested by the judge. Acting in accordance with the
| 26 |
| best interests of those in the courtroom, the judge shall have |
|
|
|
HB0231 |
- 30 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| the discretion
to determine what if any precautions need to be | 2 |
| taken to prevent transmission
of the disease in the courtroom.
| 3 |
| (h) Whenever a defendant is convicted of an offense under | 4 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 5 |
| defendant shall undergo
medical testing to determine whether | 6 |
| the defendant has been exposed to human
immunodeficiency virus | 7 |
| (HIV) or any other identified causative agent of
acquired | 8 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 9 |
| by
law, the results of such test shall be kept strictly | 10 |
| confidential by all
medical personnel involved in the testing | 11 |
| and must be personally delivered in a
sealed envelope to the | 12 |
| judge of the court in which the conviction was entered
for the | 13 |
| judge's inspection in camera. Acting in accordance with the | 14 |
| best
interests of the public, the judge shall have the | 15 |
| discretion to determine to
whom, if anyone, the results of the | 16 |
| testing may be revealed. The court shall
notify the defendant | 17 |
| of a positive test showing an infection with the human
| 18 |
| immunodeficiency virus (HIV). The court shall provide | 19 |
| information on the
availability of HIV testing and counseling | 20 |
| at Department of Public Health
facilities to all parties to | 21 |
| whom the results of the testing are revealed and
shall direct | 22 |
| the State's Attorney to provide the information to the victim | 23 |
| when
possible. A State's Attorney may petition the court to | 24 |
| obtain the results of
any HIV test administered under this | 25 |
| Section, and the court shall grant the
disclosure if the | 26 |
| State's Attorney shows it is relevant in order to prosecute a
|
|
|
|
HB0231 |
- 31 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 2 |
| the Criminal
Code of 1961 against the defendant. The court | 3 |
| shall order that the cost of any
such test shall be paid by the | 4 |
| county and may be taxed as costs against the
convicted | 5 |
| defendant.
| 6 |
| (i) All fines and penalties imposed under this Section for | 7 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 8 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 9 |
| any violation
of the Child Passenger Protection Act, or a | 10 |
| similar provision of a local
ordinance, shall be collected and | 11 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 12 |
| of the Clerks of Courts Act.
| 13 |
| (j) In cases when prosecution for any violation of Section | 14 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 15 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 16 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 17 |
| Code of 1961, any violation of the Illinois Controlled | 18 |
| Substances Act,
any violation of the Cannabis Control Act, or | 19 |
| any violation of the Methamphetamine Control and Community | 20 |
| Protection Act results in conviction, a
disposition of court | 21 |
| supervision, or an order of probation granted under
Section 10 | 22 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 23 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 24 |
| Control and Community Protection Act of a defendant, the court | 25 |
| shall determine whether the
defendant is employed by a facility | 26 |
| or center as defined under the Child Care
Act of 1969, a public |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| or private elementary or secondary school, or otherwise
works | 2 |
| with children under 18 years of age on a daily basis. When a | 3 |
| defendant
is so employed, the court shall order the Clerk of | 4 |
| the Court to send a copy of
the judgment of conviction or order | 5 |
| of supervision or probation to the
defendant's employer by | 6 |
| certified mail.
If the employer of the defendant is a school, | 7 |
| the Clerk of the Court shall
direct the mailing of a copy of | 8 |
| the judgment of conviction or order of
supervision or probation | 9 |
| to the appropriate regional superintendent of schools.
The | 10 |
| regional superintendent of schools shall notify the State Board | 11 |
| of
Education of any notification under this subsection.
| 12 |
| (j-5) A defendant at least 17 years of age who is convicted | 13 |
| of a felony and
who has not been previously convicted of a | 14 |
| misdemeanor or felony and who is
sentenced to a term of | 15 |
| imprisonment in the Illinois Department of Corrections
shall as | 16 |
| a condition of his or her sentence be required by the court to | 17 |
| attend
educational courses designed to prepare the defendant | 18 |
| for a high school diploma
and to work toward a high school | 19 |
| diploma or to work toward passing the high
school level Test of | 20 |
| General Educational Development (GED) or to work toward
| 21 |
| completing a vocational training program offered by the | 22 |
| Department of
Corrections. The education courses shall also | 23 |
| consist of HIV/AIDS, MRSA, and hepatitis C prevention | 24 |
| education. The costs of the educational courses shall be paid | 25 |
| by the Department. If a defendant fails to complete the | 26 |
| educational training
required by his or her sentence during the |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| term of incarceration, the Prisoner
Review Board shall, as a | 2 |
| condition of mandatory supervised release, require the
| 3 |
| defendant , at his or her own expense, to pursue a course of | 4 |
| study toward a high
school diploma or passage of the GED test. | 5 |
| The costs of the educational courses shall be paid by the | 6 |
| Department. The Prisoner Review Board shall
revoke the | 7 |
| mandatory supervised release of a defendant who wilfully fails | 8 |
| to
comply with this subsection (j-5) upon his or her release | 9 |
| from confinement in a
penal institution while serving a | 10 |
| mandatory supervised release term ; however,
the inability of | 11 |
| the defendant after making a good faith effort to obtain
| 12 |
| financial aid or pay for the educational training shall not be | 13 |
| deemed a wilful
failure to comply . The Prisoner Review Board | 14 |
| shall recommit the defendant
whose mandatory supervised | 15 |
| release term has been revoked under this subsection
(j-5) as | 16 |
| provided in Section 3-3-9. This subsection (j-5) does not apply | 17 |
| to a
defendant who has a high school diploma or has | 18 |
| successfully passed the GED
test. This subsection (j-5) does | 19 |
| not apply to a defendant who is determined by
the court to be | 20 |
| developmentally disabled or otherwise mentally incapable of
| 21 |
| completing the educational or vocational program.
| 22 |
| (j-6) A defendant at least 17 years of age who has a high | 23 |
| school diploma or who has passed the high
school level Test of | 24 |
| General Educational Development (GED) and who is convicted of a | 25 |
| felony and who is
sentenced to a term of imprisonment in the | 26 |
| Illinois Department of Corrections shall be provided with an |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| educational program that leads to the completion of an | 2 |
| associate, baccalaureate, or
higher degree as provided in | 3 |
| subsection (d) of Section 3-6-2.
| 4 |
| (k) A court may not impose a sentence or disposition for a
| 5 |
| felony or misdemeanor that requires the defendant to be | 6 |
| implanted or injected
with or to use any form of birth control.
| 7 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 8 |
| (l), whenever a defendant,
who is an alien as defined by | 9 |
| the Immigration and Nationality Act, is convicted
of any | 10 |
| felony or misdemeanor offense, the court after sentencing | 11 |
| the defendant
may, upon motion of the State's Attorney, | 12 |
| hold sentence in abeyance and remand
the defendant to the | 13 |
| custody of the Attorney General of
the United States or his | 14 |
| or her designated agent to be deported when:
| 15 |
| (1) a final order of deportation has been issued | 16 |
| against the defendant
pursuant to proceedings under | 17 |
| the Immigration and Nationality Act, and
| 18 |
| (2) the deportation of the defendant would not | 19 |
| deprecate the seriousness
of the defendant's conduct | 20 |
| and would not be inconsistent with the ends of
justice.
| 21 |
| Otherwise, the defendant shall be sentenced as | 22 |
| provided in this Chapter V.
| 23 |
| (B) If the defendant has already been sentenced for a | 24 |
| felony or
misdemeanor
offense, or has been placed on | 25 |
| probation under Section 10 of the Cannabis
Control Act,
| 26 |
| Section 410 of the Illinois Controlled Substances Act, or |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| Section 70 of the Methamphetamine Control and Community | 2 |
| Protection Act, the court
may, upon motion of the State's | 3 |
| Attorney to suspend the
sentence imposed, commit the | 4 |
| defendant to the custody of the Attorney General
of the | 5 |
| United States or his or her designated agent when:
| 6 |
| (1) a final order of deportation has been issued | 7 |
| against the defendant
pursuant to proceedings under | 8 |
| the Immigration and Nationality Act, and
| 9 |
| (2) the deportation of the defendant would not | 10 |
| deprecate the seriousness
of the defendant's conduct | 11 |
| and would not be inconsistent with the ends of
justice.
| 12 |
| (C) This subsection (l) does not apply to offenders who | 13 |
| are subject to the
provisions of paragraph (2) of | 14 |
| subsection (a) of Section 3-6-3.
| 15 |
| (D) Upon motion of the State's Attorney, if a defendant | 16 |
| sentenced under
this Section returns to the jurisdiction of | 17 |
| the United States, the defendant
shall be recommitted to | 18 |
| the custody of the county from which he or she was
| 19 |
| sentenced.
Thereafter, the defendant shall be brought | 20 |
| before the sentencing court, which
may impose any sentence | 21 |
| that was available under Section 5-5-3 at the time of
| 22 |
| initial sentencing. In addition, the defendant shall not be | 23 |
| eligible for
additional good conduct credit for | 24 |
| meritorious service as provided under
Section 3-6-6.
| 25 |
| (m) A person convicted of criminal defacement of property | 26 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| property damage exceeds $300
and the property damaged is a | 2 |
| school building, shall be ordered to perform
community service | 3 |
| that may include cleanup, removal, or painting over the
| 4 |
| defacement.
| 5 |
| (n) The court may sentence a person convicted of a | 6 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 7 |
| Code of 1961 (i) to an impact
incarceration program if the | 8 |
| person is otherwise eligible for that program
under Section | 9 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 10 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 11 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 12 |
| program licensed under that
Act. | 13 |
| (o) Whenever a person is convicted of a sex offense as | 14 |
| defined in Section 2 of the Sex Offender Registration Act, the | 15 |
| defendant's driver's license or permit shall be subject to | 16 |
| renewal on an annual basis in accordance with the provisions of | 17 |
| license renewal established by the Secretary of State.
| 18 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 19 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 20 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 21 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 22 |
| eff. 9-11-05; 94-993, eff. 1-1-07.)
| 23 |
| (Text of Section after amendment by P.A. 94-1035 ) | 24 |
| Sec. 5-5-3. Disposition.
| 25 |
| (a) Except as provided in Section 11-501 of the Illinois |
|
|
|
HB0231 |
- 37 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| Vehicle Code, every person convicted of an offense shall be | 2 |
| sentenced as provided
in this Section.
| 3 |
| (b) The following options shall be appropriate | 4 |
| dispositions, alone
or in combination, for all felonies and | 5 |
| misdemeanors other than those
identified in subsection (c) of | 6 |
| this Section:
| 7 |
| (1) A period of probation.
| 8 |
| (2) A term of periodic imprisonment.
| 9 |
| (3) A term of conditional discharge.
| 10 |
| (4) A term of imprisonment.
| 11 |
| (5) An order directing the offender to clean up and | 12 |
| repair the
damage, if the offender was convicted under | 13 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 14 |
| (now repealed).
| 15 |
| (6) A fine.
| 16 |
| (7) An order directing the offender to make restitution | 17 |
| to the
victim under Section 5-5-6 of this Code.
| 18 |
| (8) A sentence of participation in a county impact | 19 |
| incarceration
program under Section 5-8-1.2 of this Code. | 20 |
| (9) A term of imprisonment in combination with a term | 21 |
| of probation when the offender has been admitted into a | 22 |
| drug court program under Section 20 of the Drug Court | 23 |
| Treatment Act.
| 24 |
| Neither a fine nor restitution shall be the sole | 25 |
| disposition
for a felony and either or both may be imposed only | 26 |
| in conjunction with
another disposition.
|
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| (c) (1) When a defendant is found guilty of first degree | 2 |
| murder the
State may either seek a sentence of imprisonment | 3 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 4 |
| a sentence of death under Section 9-1
of the Criminal Code | 5 |
| of 1961.
| 6 |
| (2) A period of probation, a term of periodic | 7 |
| imprisonment or
conditional discharge shall not be imposed | 8 |
| for the following offenses.
The court shall sentence the | 9 |
| offender to not less than the minimum term
of imprisonment | 10 |
| set forth in this Code for the following offenses, and
may | 11 |
| order a fine or restitution or both in conjunction with | 12 |
| such term of
imprisonment:
| 13 |
| (A) First degree murder where the death penalty is | 14 |
| not imposed.
| 15 |
| (B) Attempted first degree murder.
| 16 |
| (C) A Class X felony.
| 17 |
| (D) A violation of Section 401.1 or 407 of the
| 18 |
| Illinois Controlled Substances Act, or a violation of | 19 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 20 |
| which relates to more than 5 grams of a substance
| 21 |
| containing heroin or cocaine or an analog thereof.
| 22 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 23 |
| Control
Act.
| 24 |
| (F) A Class 2 or greater felony if the offender had | 25 |
| been convicted
of a Class 2 or greater felony within 10 | 26 |
| years of the date on which the
offender
committed the |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| offense for which he or she is being sentenced, except | 2 |
| as
otherwise provided in Section 40-10 of the | 3 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 4 |
| (F-5) A violation of Section 24-1, 24-1.1, or | 5 |
| 24-1.6 of the Criminal Code of 1961 for which | 6 |
| imprisonment is prescribed in those Sections.
| 7 |
| (G) Residential burglary, except as otherwise | 8 |
| provided in Section 40-10
of the Alcoholism and Other | 9 |
| Drug Abuse and Dependency Act.
| 10 |
| (H) Criminal sexual assault.
| 11 |
| (I) Aggravated battery of a senior citizen.
| 12 |
| (J) A forcible felony if the offense was related to | 13 |
| the activities of an
organized gang.
| 14 |
| Before July 1, 1994, for the purposes of this | 15 |
| paragraph, "organized
gang" means an association of 5 | 16 |
| or more persons, with an established hierarchy,
that | 17 |
| encourages members of the association to perpetrate | 18 |
| crimes or provides
support to the members of the | 19 |
| association who do commit crimes.
| 20 |
| Beginning July 1, 1994, for the purposes of this | 21 |
| paragraph,
"organized gang" has the meaning ascribed | 22 |
| to it in Section 10 of the Illinois
Streetgang | 23 |
| Terrorism Omnibus Prevention Act.
| 24 |
| (K) Vehicular hijacking.
| 25 |
| (L) A second or subsequent conviction for the | 26 |
| offense of hate crime
when the underlying offense upon |
|
|
|
HB0231 |
- 40 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| which the hate crime is based is felony
aggravated
| 2 |
| assault or felony mob action.
| 3 |
| (M) A second or subsequent conviction for the | 4 |
| offense of institutional
vandalism if the damage to the | 5 |
| property exceeds $300.
| 6 |
| (N) A Class 3 felony violation of paragraph (1) of | 7 |
| subsection (a) of
Section 2 of the Firearm Owners | 8 |
| Identification Card Act.
| 9 |
| (O) A violation of Section 12-6.1 of the Criminal | 10 |
| Code of 1961.
| 11 |
| (P) A violation of paragraph (1), (2), (3), (4), | 12 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 13 |
| Criminal Code of 1961.
| 14 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 15 |
| Criminal Code of
1961.
| 16 |
| (R) A violation of Section 24-3A of the Criminal | 17 |
| Code of
1961.
| 18 |
| (S) (Blank).
| 19 |
| (T) A second or subsequent violation of the | 20 |
| Methamphetamine Control and Community Protection Act.
| 21 |
| (3) (Blank).
| 22 |
| (4) A minimum term of imprisonment of not less than 10
| 23 |
| consecutive days or 30 days of community service shall be | 24 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 25 |
| of the Illinois Vehicle Code.
| 26 |
| (4.1) (Blank).
|
|
|
|
HB0231 |
- 41 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| (4.2) Except as provided in paragraph (4.3) of this | 2 |
| subsection (c), a
minimum of
100 hours of community service | 3 |
| shall be imposed for a second violation of
Section 6-303
of | 4 |
| the Illinois Vehicle Code.
| 5 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 6 |
| hours of community
service, as determined by the court, | 7 |
| shall
be imposed for a second violation of subsection (c) | 8 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 9 |
| (4.4) Except as provided in paragraph (4.5) and | 10 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 11 |
| imprisonment of 30 days or 300 hours of community service, | 12 |
| as
determined by the court, shall
be imposed
for a third or | 13 |
| subsequent violation of Section 6-303 of the Illinois | 14 |
| Vehicle
Code.
| 15 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 16 |
| be imposed for a third violation of subsection (c) of
| 17 |
| Section 6-303 of the Illinois Vehicle Code.
| 18 |
| (4.6) A minimum term of imprisonment of 180 days shall | 19 |
| be imposed for a
fourth or subsequent violation of | 20 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 21 |
| Code.
| 22 |
| (5) The court may sentence an offender convicted of a | 23 |
| business
offense or a petty offense or a corporation or | 24 |
| unincorporated
association convicted of any offense to:
| 25 |
| (A) a period of conditional discharge;
| 26 |
| (B) a fine;
|
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| (C) make restitution to the victim under Section | 2 |
| 5-5-6 of this Code.
| 3 |
| (5.1) In addition to any penalties imposed under | 4 |
| paragraph (5) of this
subsection (c), and except as | 5 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 6 |
| violating subsection (c) of Section 11-907 of the Illinois
| 7 |
| Vehicle Code shall have his or her driver's license, | 8 |
| permit, or privileges
suspended for at least 90 days but | 9 |
| not more than one year, if the violation
resulted in damage | 10 |
| to the property of another person.
| 11 |
| (5.2) In addition to any penalties imposed under | 12 |
| paragraph (5) of this
subsection (c), and except as | 13 |
| provided in paragraph (5.3), a person convicted
of | 14 |
| violating subsection (c) of Section 11-907 of the Illinois | 15 |
| Vehicle Code
shall have his or her driver's license, | 16 |
| permit, or privileges suspended for at
least 180 days but | 17 |
| not more than 2 years, if the violation resulted in injury
| 18 |
| to
another person.
| 19 |
| (5.3) In addition to any penalties imposed under | 20 |
| paragraph (5) of
this
subsection (c), a person convicted of | 21 |
| violating subsection (c) of Section
11-907 of the Illinois | 22 |
| Vehicle Code shall have his or her driver's license,
| 23 |
| permit, or privileges suspended for 2 years, if the | 24 |
| violation resulted in the
death of another person.
| 25 |
| (5.4) In addition to any penalties imposed under | 26 |
| paragraph (5) of this subsection (c), a person convicted of |
|
|
|
HB0231 |
- 43 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| violating Section 3-707 of the Illinois Vehicle Code shall | 2 |
| have his or her driver's license, permit, or privileges | 3 |
| suspended for 3 months and until he or she has paid a | 4 |
| reinstatement fee of $100. | 5 |
| (5.5) In addition to any penalties imposed under | 6 |
| paragraph (5) of this subsection (c), a person convicted of | 7 |
| violating Section 3-707 of the Illinois Vehicle Code during | 8 |
| a period in which his or her driver's license, permit, or | 9 |
| privileges were suspended for a previous violation of that | 10 |
| Section shall have his or her driver's license, permit, or | 11 |
| privileges suspended for an additional 6 months after the | 12 |
| expiration of the original 3-month suspension and until he | 13 |
| or she has paid a reinstatement fee of $100.
| 14 |
| (6) In no case shall an offender be eligible for a | 15 |
| disposition of
probation or conditional discharge for a | 16 |
| Class 1 felony committed while
he was serving a term of | 17 |
| probation or conditional discharge for a felony.
| 18 |
| (7) When a defendant is adjudged a habitual criminal | 19 |
| under Article
33B of the Criminal Code of 1961, the court | 20 |
| shall sentence
the defendant to a term of natural life | 21 |
| imprisonment.
| 22 |
| (8) When a defendant, over the age of 21 years, is | 23 |
| convicted of a
Class 1 or Class 2 felony, after having | 24 |
| twice been convicted
in any state or
federal court of an | 25 |
| offense that contains the same elements as an offense now
| 26 |
| classified in Illinois as a Class 2 or greater Class felony
|
|
|
|
HB0231 |
- 44 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| and such charges are
separately brought and tried and arise | 2 |
| out of different series of acts,
such defendant shall be | 3 |
| sentenced as a Class X offender. This paragraph
shall not | 4 |
| apply unless (1) the first felony was committed after the
| 5 |
| effective date of this amendatory Act of 1977; and (2) the | 6 |
| second felony
was committed after conviction on the first; | 7 |
| and (3) the third felony
was committed after conviction on | 8 |
| the second.
A person sentenced as a Class X offender under | 9 |
| this paragraph is not
eligible to apply for treatment as a | 10 |
| condition of probation as provided by
Section 40-10 of the | 11 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 12 |
| (9) A defendant convicted of a second or subsequent | 13 |
| offense of ritualized
abuse of a child may be sentenced to | 14 |
| a term of natural life imprisonment.
| 15 |
| (10) (Blank).
| 16 |
| (11) The court shall impose a minimum fine of $1,000 | 17 |
| for a first offense
and $2,000 for a second or subsequent | 18 |
| offense upon a person convicted of or
placed on supervision | 19 |
| for battery when the individual harmed was a sports
| 20 |
| official or coach at any level of competition and the act | 21 |
| causing harm to the
sports
official or coach occurred | 22 |
| within an athletic facility or within the immediate | 23 |
| vicinity
of the athletic facility at which the sports | 24 |
| official or coach was an active
participant
of the athletic | 25 |
| contest held at the athletic facility. For the purposes of
| 26 |
| this paragraph (11), "sports official" means a person at an |
|
|
|
HB0231 |
- 45 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| athletic contest
who enforces the rules of the contest, | 2 |
| such as an umpire or referee; "athletic facility" means an | 3 |
| indoor or outdoor playing field or recreational area where | 4 |
| sports activities are conducted;
and "coach" means a person | 5 |
| recognized as a coach by the sanctioning
authority that | 6 |
| conducted the sporting event. | 7 |
| (12) A person may not receive a disposition of court | 8 |
| supervision for a
violation of Section 5-16 of the Boat | 9 |
| Registration and Safety Act if that
person has previously | 10 |
| received a disposition of court supervision for a
violation | 11 |
| of that Section.
| 12 |
| (d) In any case in which a sentence originally imposed is | 13 |
| vacated,
the case shall be remanded to the trial court. The | 14 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 15 |
| Unified Code of Corrections
which may include evidence of the | 16 |
| defendant's life, moral character and
occupation during the | 17 |
| time since the original sentence was passed. The
trial court | 18 |
| shall then impose sentence upon the defendant. The trial
court | 19 |
| may impose any sentence which could have been imposed at the
| 20 |
| original trial subject to Section 5-5-4 of the Unified Code of | 21 |
| Corrections.
If a sentence is vacated on appeal or on | 22 |
| collateral attack due to the
failure of the trier of fact at | 23 |
| trial to determine beyond a reasonable doubt
the
existence of a | 24 |
| fact (other than a prior conviction) necessary to increase the
| 25 |
| punishment for the offense beyond the statutory maximum | 26 |
| otherwise applicable,
either the defendant may be re-sentenced |
|
|
|
HB0231 |
- 46 - |
LRB095 04121 RLC 24548 b |
|
| 1 |
| to a term within the range otherwise
provided or, if the State | 2 |
| files notice of its intention to again seek the
extended | 3 |
| sentence, the defendant shall be afforded a new trial.
| 4 |
| (e) In cases where prosecution for
aggravated criminal | 5 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 6 |
| results in conviction of a defendant
who was a family member of | 7 |
| the victim at the time of the commission of the
offense, the | 8 |
| court shall consider the safety and welfare of the victim and
| 9 |
| may impose a sentence of probation only where:
| 10 |
| (1) the court finds (A) or (B) or both are appropriate:
| 11 |
| (A) the defendant is willing to undergo a court | 12 |
| approved counseling
program for a minimum duration of 2 | 13 |
| years; or
| 14 |
| (B) the defendant is willing to participate in a | 15 |
| court approved plan
including but not limited to the | 16 |
| defendant's:
| 17 |
| (i) removal from the household;
| 18 |
| (ii) restricted contact with the victim;
| 19 |
| (iii) continued financial support of the | 20 |
| family;
| 21 |
| (iv) restitution for harm done to the victim; | 22 |
| and
| 23 |
| (v) compliance with any other measures that | 24 |
| the court may
deem appropriate; and
| 25 |
| (2) the court orders the defendant to pay for the | 26 |
| victim's counseling
services, to the extent that the court |
|
|
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LRB095 04121 RLC 24548 b |
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| 1 |
| finds, after considering the
defendant's income and | 2 |
| assets, that the defendant is financially capable of
paying | 3 |
| for such services, if the victim was under 18 years of age | 4 |
| at the
time the offense was committed and requires | 5 |
| counseling as a result of the
offense.
| 6 |
| Probation may be revoked or modified pursuant to Section | 7 |
| 5-6-4; except
where the court determines at the hearing that | 8 |
| the defendant violated a
condition of his or her probation | 9 |
| restricting contact with the victim or
other family members or | 10 |
| commits another offense with the victim or other
family | 11 |
| members, the court shall revoke the defendant's probation and
| 12 |
| impose a term of imprisonment.
| 13 |
| For the purposes of this Section, "family member" and | 14 |
| "victim" shall have
the meanings ascribed to them in Section | 15 |
| 12-12 of the Criminal Code of
1961.
| 16 |
| (f) This Article shall not deprive a court in other | 17 |
| proceedings to
order a forfeiture of property, to suspend or | 18 |
| cancel a license, to
remove a person from office, or to impose | 19 |
| any other civil penalty.
| 20 |
| (g) Whenever a defendant is convicted of an offense under | 21 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 22 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 23 |
| of the Criminal Code of 1961,
the defendant shall undergo | 24 |
| medical testing to
determine whether the defendant has any | 25 |
| sexually transmissible disease,
including a test for infection | 26 |
| with human immunodeficiency virus (HIV) or
any other identified |
|
|
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| causative agent of acquired immunodeficiency syndrome
(AIDS). | 2 |
| Any such medical test shall be performed only by appropriately
| 3 |
| licensed medical practitioners and may include an analysis of | 4 |
| any bodily
fluids as well as an examination of the defendant's | 5 |
| person.
Except as otherwise provided by law, the results of | 6 |
| such test shall be kept
strictly confidential by all medical | 7 |
| personnel involved in the testing and must
be personally | 8 |
| delivered in a sealed envelope to the judge of the court in | 9 |
| which
the conviction was entered for the judge's inspection in | 10 |
| camera. Acting in
accordance with the best interests of the | 11 |
| victim and the public, the judge
shall have the discretion to | 12 |
| determine to whom, if anyone, the results of the
testing may be | 13 |
| revealed. The court shall notify the defendant
of the test | 14 |
| results. The court shall
also notify the victim if requested by | 15 |
| the victim, and if the victim is under
the age of 15 and if | 16 |
| requested by the victim's parents or legal guardian, the
court | 17 |
| shall notify the victim's parents or legal guardian of the test
| 18 |
| results.
The court shall provide information on the | 19 |
| availability of HIV testing
and counseling at Department of | 20 |
| Public Health facilities to all parties to
whom the results of | 21 |
| the testing are revealed and shall direct the State's
Attorney | 22 |
| to provide the information to the victim when possible.
A | 23 |
| State's Attorney may petition the court to obtain the results | 24 |
| of any HIV test
administered under this Section, and the court | 25 |
| shall grant the disclosure if
the State's Attorney shows it is | 26 |
| relevant in order to prosecute a charge of
criminal |
|
|
|
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| transmission of HIV under Section 12-16.2 of the Criminal Code | 2 |
| of 1961
against the defendant. The court shall order that the | 3 |
| cost of any such test
shall be paid by the county and may be | 4 |
| taxed as costs against the convicted
defendant.
| 5 |
| (g-5) When an inmate is tested for an airborne communicable | 6 |
| disease, as
determined by the Illinois Department of Public | 7 |
| Health including but not
limited to tuberculosis, the results | 8 |
| of the test shall be
personally delivered by the warden or his | 9 |
| or her designee in a sealed envelope
to the judge of the court | 10 |
| in which the inmate must appear for the judge's
inspection in | 11 |
| camera if requested by the judge. Acting in accordance with the
| 12 |
| best interests of those in the courtroom, the judge shall have | 13 |
| the discretion
to determine what if any precautions need to be | 14 |
| taken to prevent transmission
of the disease in the courtroom.
| 15 |
| (h) Whenever a defendant is convicted of an offense under | 16 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 17 |
| defendant shall undergo
medical testing to determine whether | 18 |
| the defendant has been exposed to human
immunodeficiency virus | 19 |
| (HIV) or any other identified causative agent of
acquired | 20 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 21 |
| by
law, the results of such test shall be kept strictly | 22 |
| confidential by all
medical personnel involved in the testing | 23 |
| and must be personally delivered in a
sealed envelope to the | 24 |
| judge of the court in which the conviction was entered
for the | 25 |
| judge's inspection in camera. Acting in accordance with the | 26 |
| best
interests of the public, the judge shall have the |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
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| 1 |
| discretion to determine to
whom, if anyone, the results of the | 2 |
| testing may be revealed. The court shall
notify the defendant | 3 |
| of a positive test showing an infection with the human
| 4 |
| immunodeficiency virus (HIV). The court shall provide | 5 |
| information on the
availability of HIV testing and counseling | 6 |
| at Department of Public Health
facilities to all parties to | 7 |
| whom the results of the testing are revealed and
shall direct | 8 |
| the State's Attorney to provide the information to the victim | 9 |
| when
possible. A State's Attorney may petition the court to | 10 |
| obtain the results of
any HIV test administered under this | 11 |
| Section, and the court shall grant the
disclosure if the | 12 |
| State's Attorney shows it is relevant in order to prosecute a
| 13 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 14 |
| the Criminal
Code of 1961 against the defendant. The court | 15 |
| shall order that the cost of any
such test shall be paid by the | 16 |
| county and may be taxed as costs against the
convicted | 17 |
| defendant.
| 18 |
| (i) All fines and penalties imposed under this Section for | 19 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 20 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 21 |
| any violation
of the Child Passenger Protection Act, or a | 22 |
| similar provision of a local
ordinance, shall be collected and | 23 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 24 |
| of the Clerks of Courts Act.
| 25 |
| (j) In cases when prosecution for any violation of Section | 26 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 2 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 3 |
| Code of 1961, any violation of the Illinois Controlled | 4 |
| Substances Act,
any violation of the Cannabis Control Act, or | 5 |
| any violation of the Methamphetamine Control and Community | 6 |
| Protection Act results in conviction, a
disposition of court | 7 |
| supervision, or an order of probation granted under
Section 10 | 8 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 9 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 10 |
| Control and Community Protection Act of a defendant, the court | 11 |
| shall determine whether the
defendant is employed by a facility | 12 |
| or center as defined under the Child Care
Act of 1969, a public | 13 |
| or private elementary or secondary school, or otherwise
works | 14 |
| with children under 18 years of age on a daily basis. When a | 15 |
| defendant
is so employed, the court shall order the Clerk of | 16 |
| the Court to send a copy of
the judgment of conviction or order | 17 |
| of supervision or probation to the
defendant's employer by | 18 |
| certified mail.
If the employer of the defendant is a school, | 19 |
| the Clerk of the Court shall
direct the mailing of a copy of | 20 |
| the judgment of conviction or order of
supervision or probation | 21 |
| to the appropriate regional superintendent of schools.
The | 22 |
| regional superintendent of schools shall notify the State Board | 23 |
| of
Education of any notification under this subsection.
| 24 |
| (j-5) A defendant at least 17 years of age who is convicted | 25 |
| of a felony and
who has not been previously convicted of a | 26 |
| misdemeanor or felony and who is
sentenced to a term of |
|
|
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LRB095 04121 RLC 24548 b |
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| 1 |
| imprisonment in the Illinois Department of Corrections
shall as | 2 |
| a condition of his or her sentence be required by the court to | 3 |
| attend
educational courses designed to prepare the defendant | 4 |
| for a high school diploma
and to work toward a high school | 5 |
| diploma or to work toward passing the high
school level Test of | 6 |
| General Educational Development (GED) or to work toward
| 7 |
| completing a vocational training program offered by the | 8 |
| Department of
Corrections. The education courses shall also | 9 |
| consist of HIV/AIDS, MRSA, and hepatitis C prevention | 10 |
| education. The costs of the educational courses shall be paid | 11 |
| by the Department. If a defendant fails to complete the | 12 |
| educational training
required by his or her sentence during the | 13 |
| term of incarceration, the Prisoner
Review Board shall, as a | 14 |
| condition of mandatory supervised release, require the
| 15 |
| defendant , at his or her own expense, to pursue a course of | 16 |
| study toward a high
school diploma or passage of the GED test. | 17 |
| The costs of the educational courses shall be paid by the | 18 |
| Department. The Prisoner Review Board shall
revoke the | 19 |
| mandatory supervised release of a defendant who wilfully fails | 20 |
| to
comply with this subsection (j-5) upon his or her release | 21 |
| from confinement in a
penal institution while serving a | 22 |
| mandatory supervised release term ; however,
the inability of | 23 |
| the defendant after making a good faith effort to obtain
| 24 |
| financial aid or pay for the educational training shall not be | 25 |
| deemed a wilful
failure to comply . The Prisoner Review Board | 26 |
| shall recommit the defendant
whose mandatory supervised |
|
|
|
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LRB095 04121 RLC 24548 b |
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| 1 |
| release term has been revoked under this subsection
(j-5) as | 2 |
| provided in Section 3-3-9. This subsection (j-5) does not apply | 3 |
| to a
defendant who has a high school diploma or has | 4 |
| successfully passed the GED
test. This subsection (j-5) does | 5 |
| not apply to a defendant who is determined by
the court to be | 6 |
| developmentally disabled or otherwise mentally incapable of
| 7 |
| completing the educational or vocational program.
| 8 |
| (j-6) A defendant at least 17 years of age who has a high | 9 |
| school diploma or who has passed the high
school level Test of | 10 |
| General Educational Development (GED) and who is convicted of a | 11 |
| felony and who is
sentenced to a term of imprisonment in the | 12 |
| Illinois Department of Corrections shall be provided with an | 13 |
| educational program that leads to the completion of an | 14 |
| associate, baccalaureate, or
higher degree as provided in | 15 |
| subsection (d) of Section 3-6-2.
| 16 |
| (k) A court may not impose a sentence or disposition for a
| 17 |
| felony or misdemeanor that requires the defendant to be | 18 |
| implanted or injected
with or to use any form of birth control.
| 19 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 20 |
| (l), whenever a defendant,
who is an alien as defined by | 21 |
| the Immigration and Nationality Act, is convicted
of any | 22 |
| felony or misdemeanor offense, the court after sentencing | 23 |
| the defendant
may, upon motion of the State's Attorney, | 24 |
| hold sentence in abeyance and remand
the defendant to the | 25 |
| custody of the Attorney General of
the United States or his | 26 |
| or her designated agent to be deported when:
|
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
| (1) a final order of deportation has been issued | 2 |
| against the defendant
pursuant to proceedings under | 3 |
| the Immigration and Nationality Act, and
| 4 |
| (2) the deportation of the defendant would not | 5 |
| deprecate the seriousness
of the defendant's conduct | 6 |
| and would not be inconsistent with the ends of
justice.
| 7 |
| Otherwise, the defendant shall be sentenced as | 8 |
| provided in this Chapter V.
| 9 |
| (B) If the defendant has already been sentenced for a | 10 |
| felony or
misdemeanor
offense, or has been placed on | 11 |
| probation under Section 10 of the Cannabis
Control Act,
| 12 |
| Section 410 of the Illinois Controlled Substances Act, or | 13 |
| Section 70 of the Methamphetamine Control and Community | 14 |
| Protection Act, the court
may, upon motion of the State's | 15 |
| Attorney to suspend the
sentence imposed, commit the | 16 |
| defendant to the custody of the Attorney General
of the | 17 |
| United States or his or her designated agent when:
| 18 |
| (1) a final order of deportation has been issued | 19 |
| against the defendant
pursuant to proceedings under | 20 |
| the Immigration and Nationality Act, and
| 21 |
| (2) the deportation of the defendant would not | 22 |
| deprecate the seriousness
of the defendant's conduct | 23 |
| and would not be inconsistent with the ends of
justice.
| 24 |
| (C) This subsection (l) does not apply to offenders who | 25 |
| are subject to the
provisions of paragraph (2) of | 26 |
| subsection (a) of Section 3-6-3.
|
|
|
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LRB095 04121 RLC 24548 b |
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| 1 |
| (D) Upon motion of the State's Attorney, if a defendant | 2 |
| sentenced under
this Section returns to the jurisdiction of | 3 |
| the United States, the defendant
shall be recommitted to | 4 |
| the custody of the county from which he or she was
| 5 |
| sentenced.
Thereafter, the defendant shall be brought | 6 |
| before the sentencing court, which
may impose any sentence | 7 |
| that was available under Section 5-5-3 at the time of
| 8 |
| initial sentencing. In addition, the defendant shall not be | 9 |
| eligible for
additional good conduct credit for | 10 |
| meritorious service as provided under
Section 3-6-6.
| 11 |
| (m) A person convicted of criminal defacement of property | 12 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 13 |
| property damage exceeds $300
and the property damaged is a | 14 |
| school building, shall be ordered to perform
community service | 15 |
| that may include cleanup, removal, or painting over the
| 16 |
| defacement.
| 17 |
| (n) The court may sentence a person convicted of a | 18 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 19 |
| Code of 1961 (i) to an impact
incarceration program if the | 20 |
| person is otherwise eligible for that program
under Section | 21 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 22 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 23 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 24 |
| program licensed under that
Act. | 25 |
| (o) Whenever a person is convicted of a sex offense as | 26 |
| defined in Section 2 of the Sex Offender Registration Act, the |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
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| 1 |
| defendant's driver's license or permit shall be subject to | 2 |
| renewal on an annual basis in accordance with the provisions of | 3 |
| license renewal established by the Secretary of State.
| 4 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 5 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 6 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 7 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 8 |
| eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | 9 |
| revised 8-28-06.)
| 10 |
| Section 95. No acceleration or delay. Where this Act makes | 11 |
| changes in a statute that is represented in this Act by text | 12 |
| that is not yet or no longer in effect (for example, a Section | 13 |
| represented by multiple versions), the use of that text does | 14 |
| not accelerate or delay the taking effect of (i) the changes | 15 |
| made by this Act or (ii) provisions derived from any other | 16 |
| Public Act. | 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law. |
|
|
|
HB0231 |
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LRB095 04121 RLC 24548 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 730 ILCS 5/3-1-2 |
from Ch. 38, par. 1003-1-2 |
| 4 |
| 730 ILCS 5/3-5-1 |
from Ch. 38, par. 1003-5-1 |
| 5 |
| 730 ILCS 5/3-6-2 |
from Ch. 38, par. 1003-6-2 |
| 6 |
| 730 ILCS 5/5-1-9.1 new |
|
| 7 |
| 730 ILCS 5/5-1-14.1 new |
|
| 8 |
| 730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
| |
|