Full Text of HB3496 100th General Assembly
HB3496 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3496 Introduced , by Rep. Jerry Lee Long SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 | 730 ILCS 5/5-4-1 | from Ch. 38, par. 1005-4-1 |
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Amends the Unified Code of Corrections. For offenses committed on or after the effective date of the amendatory Act, provides that a prisoner who is serving a sentence for predatory criminal sexual assault of a child, aggravated kidnapping or aggravated battery when the victim is a child under the age of 13 years or a person with a severe or profound intellectual disability, or a second or subsequent offense of luring of a minor shall receive no sentence
credit and shall serve the entire
sentence imposed by the court.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-6-3 and 5-4-1 as follows:
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 8 | | (a)(1) The Department of Corrections shall prescribe rules
| 9 | | and regulations for awarding and revoking sentence credit for | 10 | | persons committed to the Department which shall
be subject to | 11 | | review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may be | 13 | | awarded for the following: | 14 | | (A) successful completion of programming while in | 15 | | custody of the Department or while in custody prior to | 16 | | sentencing; | 17 | | (B) compliance with the rules and regulations of the | 18 | | Department; or | 19 | | (C) service to the institution, service to a community, | 20 | | or service to the State. | 21 | | (2) The rules and regulations on sentence credit shall | 22 | | provide, with
respect to offenses listed in clause (i), (ii), | 23 | | or (iii) of this paragraph (2) committed on or after June 19, |
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| 1 | | 1998 or with respect to the offense listed in clause (iv) of | 2 | | this paragraph (2) committed on or after June 23, 2005 (the | 3 | | effective date of Public Act 94-71) or with
respect to offense | 4 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 5 | | effective date of Public Act 95-625)
or with respect to the | 6 | | offense of being an armed habitual criminal committed on or | 7 | | after August 2, 2005 (the effective date of Public Act 94-398) | 8 | | or with respect to the offenses listed in clause (v) of this | 9 | | paragraph (2) committed on or after August 13, 2007 (the | 10 | | effective date of Public Act 95-134) or with respect to the | 11 | | offense of aggravated domestic battery committed on or after | 12 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 13 | | with respect to the offense of attempt to commit terrorism | 14 | | committed on or after January 1, 2013 (the effective date of | 15 | | Public Act 97-990) or with respect to the offenses listed in | 16 | | clause (i-5) of this paragraph (2) committed on or after the | 17 | | effective date of this amendatory Act of the 100th General | 18 | | Assembly , the following:
| 19 | | (i) that a prisoner who is serving a term of | 20 | | imprisonment for first
degree murder or for the offense of | 21 | | terrorism shall receive no sentence
credit and shall serve | 22 | | the entire
sentence imposed by the court;
| 23 | | (i-5) that a prisoner who is serving a sentence for | 24 | | predatory criminal sexual assault of a child, aggravated | 25 | | kidnapping under subdivision (a)(2) of Section 10-2 of the | 26 | | Criminal Code of 2012, a second or subsequent offense of |
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| 1 | | luring of a minor, or aggravated battery under subdivision | 2 | | (b)(1) of Section 12-3.05 of the Criminal Code of 2012 | 3 | | shall receive no sentence
credit and shall serve the entire
| 4 | | sentence imposed by the court; | 5 | | (ii) that a prisoner serving a sentence for attempt to | 6 | | commit terrorism, attempt to commit first
degree murder, | 7 | | solicitation of murder, solicitation of murder for hire,
| 8 | | intentional homicide of an unborn child, predatory | 9 | | criminal sexual assault of a
child, aggravated criminal | 10 | | sexual assault, criminal sexual assault, aggravated
| 11 | | kidnapping, aggravated battery with a firearm as described | 12 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 13 | | (e)(4) of Section 12-3.05, heinous battery as described in | 14 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 15 | | being an armed habitual criminal, aggravated
battery of a | 16 | | senior citizen as described in Section 12-4.6 or | 17 | | subdivision (a)(4) of Section 12-3.05, or aggravated | 18 | | battery of a child as described in Section 12-4.3 or | 19 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more | 20 | | than 4.5 days of sentence credit for each month of his or | 21 | | her sentence
of imprisonment;
| 22 | | (iii) that a prisoner serving a sentence
for home | 23 | | invasion, armed robbery, aggravated vehicular hijacking,
| 24 | | aggravated discharge of a firearm, or armed violence with a | 25 | | category I weapon
or category II weapon, when the court
has | 26 | | made and entered a finding, pursuant to subsection (c-1) of |
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| 1 | | Section 5-4-1
of this Code, that the conduct leading to | 2 | | conviction for the enumerated offense
resulted in great | 3 | | bodily harm to a victim, shall receive no more than 4.5 | 4 | | days
of sentence credit for each month of his or her | 5 | | sentence of imprisonment;
| 6 | | (iv) that a prisoner serving a sentence for aggravated | 7 | | discharge of a firearm, whether or not the conduct leading | 8 | | to conviction for the offense resulted in great bodily harm | 9 | | to the victim, shall receive no more than 4.5 days of | 10 | | sentence credit for each month of his or her sentence of | 11 | | imprisonment;
| 12 | | (v) that a person serving a sentence for gunrunning, | 13 | | narcotics racketeering, controlled substance trafficking, | 14 | | methamphetamine trafficking, drug-induced homicide, | 15 | | aggravated methamphetamine-related child endangerment, | 16 | | money laundering pursuant to clause (c) (4) or (5) of | 17 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 18 | | Code of 2012, or a Class X felony conviction for delivery | 19 | | of a controlled substance, possession of a controlled | 20 | | substance with intent to manufacture or deliver, | 21 | | calculated criminal drug conspiracy, criminal drug | 22 | | conspiracy, street gang criminal drug conspiracy, | 23 | | participation in methamphetamine manufacturing, aggravated | 24 | | participation in methamphetamine manufacturing, delivery | 25 | | of methamphetamine, possession with intent to deliver | 26 | | methamphetamine, aggravated delivery of methamphetamine, |
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| 1 | | aggravated possession with intent to deliver | 2 | | methamphetamine, methamphetamine conspiracy when the | 3 | | substance containing the controlled substance or | 4 | | methamphetamine is 100 grams or more shall receive no more | 5 | | than 7.5 days sentence credit for each month of his or her | 6 | | sentence of imprisonment;
| 7 | | (vi)
that a prisoner serving a sentence for a second or | 8 | | subsequent offense of luring a minor shall receive no more | 9 | | than 4.5 days of sentence credit for each month of his or | 10 | | her sentence of imprisonment; and
| 11 | | (vii) that a prisoner serving a sentence for aggravated | 12 | | domestic battery shall receive no more than 4.5 days of | 13 | | sentence credit for each month of his or her sentence of | 14 | | imprisonment. | 15 | | (2.1) For all offenses, other than those enumerated in | 16 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 17 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 18 | | June 23, 2005 (the effective date of Public Act 94-71) or | 19 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 20 | | (the effective date of Public Act 95-134)
or subdivision | 21 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 22 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | 23 | | on or after July 23, 2010 (the effective date of Public Act | 24 | | 96-1224), and other than the offense of aggravated driving | 25 | | under the influence of alcohol, other drug or drugs, or
| 26 | | intoxicating compound or compounds, or any combination thereof |
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| 1 | | as defined in
subparagraph (F) of paragraph (1) of subsection | 2 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | 3 | | than the offense of aggravated driving under the influence of | 4 | | alcohol,
other drug or drugs, or intoxicating compound or | 5 | | compounds, or any combination
thereof as defined in | 6 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 7 | | 11-501 of the Illinois Vehicle Code committed on or after | 8 | | January 1, 2011 (the effective date of Public Act 96-1230),
the | 9 | | rules and regulations shall
provide that a prisoner who is | 10 | | serving a term of
imprisonment shall receive one day of | 11 | | sentence credit for each day of
his or her sentence of | 12 | | imprisonment or recommitment under Section 3-3-9.
Each day of | 13 | | sentence credit shall reduce by one day the prisoner's period
| 14 | | of imprisonment or recommitment under Section 3-3-9.
| 15 | | (2.2) A prisoner serving a term of natural life | 16 | | imprisonment or a
prisoner who has been sentenced to death | 17 | | shall receive no sentence
credit.
| 18 | | (2.3) The rules and regulations on sentence credit shall | 19 | | provide that
a prisoner who is serving a sentence for | 20 | | aggravated driving under the influence of alcohol,
other drug | 21 | | or drugs, or intoxicating compound or compounds, or any | 22 | | combination
thereof as defined in subparagraph (F) of paragraph | 23 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 24 | | Code, shall receive no more than 4.5
days of sentence credit | 25 | | for each month of his or her sentence of
imprisonment.
| 26 | | (2.4) The rules and regulations on sentence credit shall |
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| 1 | | provide with
respect to the offenses of aggravated battery with | 2 | | a machine gun or a firearm
equipped with any device or | 3 | | attachment designed or used for silencing the
report of a | 4 | | firearm or aggravated discharge of a machine gun or a firearm
| 5 | | equipped with any device or attachment designed or used for | 6 | | silencing the
report of a firearm, committed on or after
July | 7 | | 15, 1999 (the effective date of Public Act 91-121),
that a | 8 | | prisoner serving a sentence for any of these offenses shall | 9 | | receive no
more than 4.5 days of sentence credit for each month | 10 | | of his or her sentence
of imprisonment.
| 11 | | (2.5) The rules and regulations on sentence credit shall | 12 | | provide that a
prisoner who is serving a sentence for | 13 | | aggravated arson committed on or after
July 27, 2001 (the | 14 | | effective date of Public Act 92-176) shall receive no more than
| 15 | | 4.5 days of sentence credit for each month of his or her | 16 | | sentence of
imprisonment.
| 17 | | (2.6) The rules and regulations on sentence credit shall | 18 | | provide that a
prisoner who is serving a sentence for | 19 | | aggravated driving under the influence of alcohol,
other drug | 20 | | or drugs, or intoxicating compound or compounds or any | 21 | | combination
thereof as defined in subparagraph (C) of paragraph | 22 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 23 | | Code committed on or after January 1, 2011 (the effective date | 24 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 25 | | sentence credit for each month of his or her sentence of
| 26 | | imprisonment. |
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| 1 | | (3) The rules and regulations shall also provide that
the | 2 | | Director may award up to 180 days additional sentence
credit | 3 | | for good conduct in specific instances as the
Director deems | 4 | | proper. The good conduct may include, but is not limited to, | 5 | | compliance with the rules and regulations of the Department, | 6 | | service to the Department, service to a community, or service | 7 | | to the State. However, the Director shall not award more than | 8 | | 90 days
of sentence credit for good conduct to any prisoner who | 9 | | is serving a sentence for
conviction of first degree murder, | 10 | | reckless homicide while under the
influence of alcohol or any | 11 | | other drug,
or aggravated driving under the influence of | 12 | | alcohol, other drug or drugs, or
intoxicating compound or | 13 | | compounds, or any combination thereof as defined in
| 14 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 15 | | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | 16 | | kidnapping,
predatory criminal sexual assault of a child,
| 17 | | aggravated criminal sexual assault, criminal sexual assault, | 18 | | deviate sexual
assault, aggravated criminal sexual abuse, | 19 | | aggravated indecent liberties
with a child, indecent liberties | 20 | | with a child, child pornography, heinous
battery as described | 21 | | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 22 | | aggravated battery of a spouse, aggravated battery of a spouse
| 23 | | with a firearm, stalking, aggravated stalking, aggravated | 24 | | battery of a child as described in Section 12-4.3 or | 25 | | subdivision (b)(1) of Section 12-3.05,
endangering the life or | 26 | | health of a child, or cruelty to a child. Notwithstanding the |
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| 1 | | foregoing, sentence credit for
good conduct shall not be | 2 | | awarded on a
sentence of imprisonment imposed for conviction | 3 | | of: (i) one of the offenses
enumerated in subdivision | 4 | | (a)(2)(i), (ii), or (iii) when the offense is committed on or | 5 | | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | 6 | | is committed on or after June 23, 2005 (the effective date of | 7 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | 8 | | committed on or after August 13, 2007 (the effective date of | 9 | | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | 10 | | is committed on or after June 1, 2008 (the effective date of | 11 | | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | 12 | | is committed on or after July 23, 2010 (the effective date of | 13 | | Public Act 96-1224), (ii) aggravated driving under the | 14 | | influence of alcohol, other drug or drugs, or
intoxicating | 15 | | compound or compounds, or any combination thereof as defined in
| 16 | | subparagraph (F) of paragraph (1) of subsection (d) of Section | 17 | | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | 18 | | enumerated in subdivision
(a)(2.4) when the offense is | 19 | | committed on or after
July 15, 1999 (the effective date of | 20 | | Public Act 91-121),
(iv) aggravated arson when the offense is | 21 | | committed
on or after July 27, 2001 (the effective date of | 22 | | Public Act 92-176), (v) offenses that may subject the offender | 23 | | to commitment under the Sexually Violent Persons Commitment | 24 | | Act, or (vi) aggravated driving under the influence of alcohol,
| 25 | | other drug or drugs, or intoxicating compound or compounds or | 26 | | any combination
thereof as defined in subparagraph (C) of |
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| 1 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 2 | | Illinois Vehicle Code committed on or after January 1, 2011 | 3 | | (the effective date of Public Act 96-1230).
| 4 | | Eligible inmates for an award of sentence credit under
this | 5 | | paragraph (3) may be selected to receive the credit at
the | 6 | | Director's or his or her designee's sole discretion.
| 7 | | Consideration may be based on, but not limited to, any
| 8 | | available risk assessment analysis on the inmate, any history | 9 | | of conviction for violent crimes as defined by the Rights of | 10 | | Crime Victims and Witnesses Act, facts and circumstances of the | 11 | | inmate's holding offense or offenses, and the potential for | 12 | | rehabilitation. | 13 | | The Director shall not award sentence credit under this | 14 | | paragraph (3) to an inmate unless the inmate has served a | 15 | | minimum of 60 days of the sentence; except nothing in this | 16 | | paragraph shall be construed to permit the Director to extend | 17 | | an inmate's sentence beyond that which was imposed by the | 18 | | court. Prior to awarding credit under this paragraph (3), the | 19 | | Director shall make a written determination that the inmate: | 20 | | (A) is eligible for the sentence credit; | 21 | | (B) has served a minimum of 60 days, or as close to 60 | 22 | | days as the sentence will allow; and | 23 | | (C) has met the eligibility criteria established by | 24 | | rule. | 25 | | The Director shall determine the form and content of the | 26 | | written determination required in this subsection. |
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| 1 | | (3.5) The Department shall provide annual written reports | 2 | | to the Governor and the General Assembly on the award of | 3 | | sentence credit for good conduct, with the first report due | 4 | | January 1, 2014. The Department must publish both reports on | 5 | | its website within 48 hours of transmitting the reports to the | 6 | | Governor and the General Assembly. The reports must include: | 7 | | (A) the number of inmates awarded sentence credit for | 8 | | good conduct; | 9 | | (B) the average amount of sentence credit for good | 10 | | conduct awarded; | 11 | | (C) the holding offenses of inmates awarded sentence | 12 | | credit for good conduct; and | 13 | | (D) the number of sentence credit for good conduct | 14 | | revocations. | 15 | | (4) The rules and regulations shall also provide that the | 16 | | sentence
credit accumulated and retained under paragraph (2.1) | 17 | | of subsection (a) of
this Section by any inmate during specific | 18 | | periods of time in which such
inmate is engaged full-time in | 19 | | substance abuse programs, correctional
industry assignments, | 20 | | educational programs, behavior modification programs, life | 21 | | skills courses, or re-entry planning provided by the Department
| 22 | | under this paragraph (4) and satisfactorily completes the | 23 | | assigned program as
determined by the standards of the | 24 | | Department, shall be multiplied by a factor
of 1.25 for program | 25 | | participation before August 11, 1993
and 1.50 for program | 26 | | participation on or after that date.
The rules and regulations |
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| 1 | | shall also provide that sentence credit, subject to the same | 2 | | offense limits and multiplier provided in this paragraph, may | 3 | | be provided to an inmate who was held in pre-trial detention | 4 | | prior to his or her current commitment to the Department of | 5 | | Corrections and successfully completed a full-time, 60-day or | 6 | | longer substance abuse program, educational program, behavior | 7 | | modification program, life skills course, or re-entry planning | 8 | | provided by the county department of corrections or county | 9 | | jail. Calculation of this county program credit shall be done | 10 | | at sentencing as provided in Section 5-4.5-100 of this Code and | 11 | | shall be included in the sentencing order. However, no inmate | 12 | | shall be eligible for the additional sentence credit
under this | 13 | | paragraph (4) or (4.1) of this subsection (a) while assigned to | 14 | | a boot camp
or electronic detention, or if convicted of an | 15 | | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of | 16 | | this Section that is committed on or after June 19,
1998 or | 17 | | subdivision (a)(2)(iv) of this Section that is committed on or | 18 | | after June 23, 2005 (the effective date of Public Act 94-71) or | 19 | | subdivision (a)(2)(v) of this Section that is committed on or | 20 | | after August 13, 2007 (the effective date of Public Act 95-134)
| 21 | | or subdivision (a)(2)(vi) when the offense is committed on or | 22 | | after June 1, 2008 (the effective date of Public Act 95-625) or | 23 | | subdivision (a)(2)(vii) when the offense is committed on or | 24 | | after July 23, 2010 (the effective date of Public Act 96-1224), | 25 | | or if convicted of aggravated driving under the influence of | 26 | | alcohol, other drug or drugs, or
intoxicating compound or |
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| 1 | | compounds or any combination thereof as defined in
subparagraph | 2 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| 3 | | Illinois Vehicle Code, or if convicted of aggravated driving | 4 | | under the influence of alcohol,
other drug or drugs, or | 5 | | intoxicating compound or compounds or any combination
thereof | 6 | | as defined in subparagraph (C) of paragraph (1) of subsection | 7 | | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | 8 | | or after January 1, 2011 (the effective date of Public Act | 9 | | 96-1230), or if convicted of an offense enumerated in paragraph
| 10 | | (a)(2.4) of this Section that is committed on or after
July 15, | 11 | | 1999 (the effective date of Public Act 91-121),
or first degree | 12 | | murder, a Class X felony, criminal sexual
assault, felony | 13 | | criminal sexual abuse, aggravated criminal sexual abuse,
| 14 | | aggravated battery with a firearm as described in Section | 15 | | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 16 | | Section 12-3.05, or any predecessor or successor offenses
with | 17 | | the same or substantially the same elements, or any inchoate | 18 | | offenses
relating to the foregoing offenses. No inmate shall be | 19 | | eligible for the
additional good conduct credit under this | 20 | | paragraph (4) who (i) has previously
received increased good | 21 | | conduct credit under this paragraph (4) and has
subsequently | 22 | | been convicted of a
felony, or (ii) has previously served more | 23 | | than one prior sentence of
imprisonment for a felony in an | 24 | | adult correctional facility.
| 25 | | Educational, vocational, substance abuse, behavior | 26 | | modification programs, life skills courses, re-entry planning, |
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| 1 | | and correctional
industry programs under which sentence credit | 2 | | may be increased under
this paragraph (4) and paragraph (4.1) | 3 | | of this subsection (a) shall be evaluated by the Department on | 4 | | the basis of
documented standards. The Department shall report | 5 | | the results of these
evaluations to the Governor and the | 6 | | General Assembly by September 30th of each
year. The reports | 7 | | shall include data relating to the recidivism rate among
| 8 | | program participants.
| 9 | | Availability of these programs shall be subject to the
| 10 | | limits of fiscal resources appropriated by the General Assembly | 11 | | for these
purposes. Eligible inmates who are denied immediate | 12 | | admission shall be
placed on a waiting list under criteria | 13 | | established by the Department.
The inability of any inmate to | 14 | | become engaged in any such programs
by reason of insufficient | 15 | | program resources or for any other reason
established under the | 16 | | rules and regulations of the Department shall not be
deemed a | 17 | | cause of action under which the Department or any employee or
| 18 | | agent of the Department shall be liable for damages to the | 19 | | inmate.
| 20 | | (4.1) The rules and regulations shall also provide that an | 21 | | additional 90 days of sentence credit shall be awarded to any | 22 | | prisoner who passes high school equivalency testing while the | 23 | | prisoner is committed to the Department of Corrections. The | 24 | | sentence credit awarded under this paragraph (4.1) shall be in | 25 | | addition to, and shall not affect, the award of sentence credit | 26 | | under any other paragraph of this Section, but shall also be |
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| 1 | | pursuant to the guidelines and restrictions set forth in | 2 | | paragraph (4) of subsection (a) of this Section.
The sentence | 3 | | credit provided for in this paragraph shall be available only | 4 | | to those prisoners who have not previously earned a high school | 5 | | diploma or a high school equivalency certificate. If, after an | 6 | | award of the high school equivalency testing sentence credit | 7 | | has been made, the Department determines that the prisoner was | 8 | | not eligible, then the award shall be revoked.
The Department | 9 | | may also award 90 days of sentence credit to any committed | 10 | | person who passed high school equivalency testing while he or | 11 | | she was held in pre-trial detention prior to the current | 12 | | commitment to the Department of Corrections. | 13 | | (4.5) The rules and regulations on sentence credit shall | 14 | | also provide that
when the court's sentencing order recommends | 15 | | a prisoner for substance abuse treatment and the
crime was | 16 | | committed on or after September 1, 2003 (the effective date of
| 17 | | Public Act 93-354), the prisoner shall receive no sentence | 18 | | credit awarded under clause (3) of this subsection (a) unless | 19 | | he or she participates in and
completes a substance abuse | 20 | | treatment program. The Director may waive the requirement to | 21 | | participate in or complete a substance abuse treatment program | 22 | | and award the sentence credit in specific instances if the | 23 | | prisoner is not a good candidate for a substance abuse | 24 | | treatment program for medical, programming, or operational | 25 | | reasons. Availability of
substance abuse treatment shall be | 26 | | subject to the limits of fiscal resources
appropriated by the |
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| 1 | | General Assembly for these purposes. If treatment is not
| 2 | | available and the requirement to participate and complete the | 3 | | treatment has not been waived by the Director, the prisoner | 4 | | shall be placed on a waiting list under criteria
established by | 5 | | the Department. The Director may allow a prisoner placed on
a | 6 | | waiting list to participate in and complete a substance abuse | 7 | | education class or attend substance
abuse self-help meetings in | 8 | | lieu of a substance abuse treatment program. A prisoner on a | 9 | | waiting list who is not placed in a substance abuse program | 10 | | prior to release may be eligible for a waiver and receive | 11 | | sentence credit under clause (3) of this subsection (a) at the | 12 | | discretion of the Director.
| 13 | | (4.6) The rules and regulations on sentence credit shall | 14 | | also provide that a prisoner who has been convicted of a sex | 15 | | offense as defined in Section 2 of the Sex Offender | 16 | | Registration Act shall receive no sentence credit unless he or | 17 | | she either has successfully completed or is participating in | 18 | | sex offender treatment as defined by the Sex Offender | 19 | | Management Board. However, prisoners who are waiting to receive | 20 | | treatment, but who are unable to do so due solely to the lack | 21 | | of resources on the part of the Department, may, at the | 22 | | Director's sole discretion, be awarded sentence credit at a | 23 | | rate as the Director shall determine. | 24 | | (5) Whenever the Department is to release any inmate | 25 | | earlier than it
otherwise would because of a grant of sentence | 26 | | credit for good conduct under paragraph (3) of subsection (a) |
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| 1 | | of this Section given at any time during the term, the | 2 | | Department shall give
reasonable notice of the impending | 3 | | release not less than 14 days prior to the date of the release | 4 | | to the State's
Attorney of the county where the prosecution of | 5 | | the inmate took place, and if applicable, the State's Attorney | 6 | | of the county into which the inmate will be released. The | 7 | | Department must also make identification information and a | 8 | | recent photo of the inmate being released accessible on the | 9 | | Internet by means of a hyperlink labeled "Community | 10 | | Notification of Inmate Early Release" on the Department's World | 11 | | Wide Web homepage.
The identification information shall | 12 | | include the inmate's: name, any known alias, date of birth, | 13 | | physical characteristics, commitment offense and county where | 14 | | conviction was imposed. The identification information shall | 15 | | be placed on the website within 3 days of the inmate's release | 16 | | and the information may not be removed until either: completion | 17 | | of the first year of mandatory supervised release or return of | 18 | | the inmate to custody of the Department.
| 19 | | (b) Whenever a person is or has been committed under
| 20 | | several convictions, with separate sentences, the sentences
| 21 | | shall be construed under Section 5-8-4 in granting and
| 22 | | forfeiting of sentence credit.
| 23 | | (c) The Department shall prescribe rules and regulations
| 24 | | for revoking sentence credit, including revoking sentence | 25 | | credit awarded for good conduct under paragraph (3) of | 26 | | subsection (a) of this Section. The Department shall prescribe |
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| 1 | | rules and regulations for suspending or reducing
the rate of | 2 | | accumulation of sentence credit for specific
rule violations, | 3 | | during imprisonment. These rules and regulations
shall provide | 4 | | that no inmate may be penalized more than one
year of sentence | 5 | | credit for any one infraction.
| 6 | | When the Department seeks to revoke, suspend or reduce
the | 7 | | rate of accumulation of any sentence credits for
an alleged | 8 | | infraction of its rules, it shall bring charges
therefor | 9 | | against the prisoner sought to be so deprived of
sentence | 10 | | credits before the Prisoner Review Board as
provided in | 11 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 12 | | amount of credit at issue exceeds 30 days or
when during any 12 | 13 | | month period, the cumulative amount of
credit revoked exceeds | 14 | | 30 days except where the infraction is committed
or discovered | 15 | | within 60 days of scheduled release. In those cases,
the | 16 | | Department of Corrections may revoke up to 30 days of sentence | 17 | | credit.
The Board may subsequently approve the revocation of | 18 | | additional sentence credit, if the Department seeks to revoke | 19 | | sentence credit in
excess of 30 days. However, the Board shall | 20 | | not be empowered to review the
Department's decision with | 21 | | respect to the loss of 30 days of sentence
credit within any | 22 | | calendar year for any prisoner or to increase any penalty
| 23 | | beyond the length requested by the Department.
| 24 | | The Director of the Department of Corrections, in | 25 | | appropriate cases, may
restore up to 30 days of sentence | 26 | | credits which have been revoked, suspended
or reduced. Any |
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| 1 | | restoration of sentence credits in excess of 30 days shall
be | 2 | | subject to review by the Prisoner Review Board. However, the | 3 | | Board may not
restore sentence credit in excess of the amount | 4 | | requested by the Director.
| 5 | | Nothing contained in this Section shall prohibit the | 6 | | Prisoner Review Board
from ordering, pursuant to Section | 7 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 8 | | sentence imposed by the court that was not served due to the
| 9 | | accumulation of sentence credit.
| 10 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 11 | | federal court
against the State, the Department of Corrections, | 12 | | or the Prisoner Review Board,
or against any of
their officers | 13 | | or employees, and the court makes a specific finding that a
| 14 | | pleading, motion, or other paper filed by the prisoner is | 15 | | frivolous, the
Department of Corrections shall conduct a | 16 | | hearing to revoke up to
180 days of sentence credit by bringing | 17 | | charges against the prisoner
sought to be deprived of the | 18 | | sentence credits before the Prisoner Review
Board as provided | 19 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 20 | | prisoner has not accumulated 180 days of sentence credit at the
| 21 | | time of the finding, then the Prisoner Review Board may revoke | 22 | | all
sentence credit accumulated by the prisoner.
| 23 | | For purposes of this subsection (d):
| 24 | | (1) "Frivolous" means that a pleading, motion, or other | 25 | | filing which
purports to be a legal document filed by a | 26 | | prisoner in his or her lawsuit meets
any or all of the |
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| 1 | | following criteria:
| 2 | | (A) it lacks an arguable basis either in law or in | 3 | | fact;
| 4 | | (B) it is being presented for any improper purpose, | 5 | | such as to harass or
to cause unnecessary delay or | 6 | | needless increase in the cost of litigation;
| 7 | | (C) the claims, defenses, and other legal | 8 | | contentions therein are not
warranted by existing law | 9 | | or by a nonfrivolous argument for the extension,
| 10 | | modification, or reversal of existing law or the | 11 | | establishment of new law;
| 12 | | (D) the allegations and other factual contentions | 13 | | do not have
evidentiary
support or, if specifically so | 14 | | identified, are not likely to have evidentiary
support | 15 | | after a reasonable opportunity for further | 16 | | investigation or discovery;
or
| 17 | | (E) the denials of factual contentions are not | 18 | | warranted on the
evidence, or if specifically so | 19 | | identified, are not reasonably based on a lack
of | 20 | | information or belief.
| 21 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 22 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 23 | | action under
Article X of the Code of Civil Procedure or | 24 | | under federal law (28 U.S.C. 2254),
a petition for claim | 25 | | under the Court of Claims Act, an action under the
federal | 26 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
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| 1 | | subsequent petition for post-conviction relief under | 2 | | Article 122 of the Code of Criminal Procedure of 1963 | 3 | | whether filed with or without leave of court or a second or | 4 | | subsequent petition for relief from judgment under Section | 5 | | 2-1401 of the Code of Civil Procedure.
| 6 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 7 | | validity of Public Act 89-404.
| 8 | | (f) Whenever the Department is to release any inmate who | 9 | | has been convicted of a violation of an order of protection | 10 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, earlier than it
otherwise would | 12 | | because of a grant of sentence credit, the Department, as a | 13 | | condition of release, shall require that the person, upon | 14 | | release, be placed under electronic surveillance as provided in | 15 | | Section 5-8A-7 of this Code. | 16 | | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | 17 | | eff. 1-1-16; 99-642, eff. 7-28-16.)
| 18 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| 19 | | Sec. 5-4-1. Sentencing Hearing.
| 20 | | (a) Except when the death penalty is
sought under hearing | 21 | | procedures otherwise specified, after a
determination of | 22 | | guilt, a hearing shall be held to impose the sentence.
However, | 23 | | prior to the imposition of sentence on an individual being
| 24 | | sentenced for an offense based upon a charge for a violation of | 25 | | Section
11-501 of the Illinois Vehicle Code or a similar |
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| 1 | | provision of a local
ordinance, the individual must undergo a | 2 | | professional evaluation to
determine if an alcohol or other | 3 | | drug abuse problem exists and the extent
of such a problem. | 4 | | Programs conducting these evaluations shall be
licensed by the | 5 | | Department of Human Services. However, if the individual is
not | 6 | | a resident of Illinois, the court
may, in its discretion, | 7 | | accept an evaluation from a program in the state of
such | 8 | | individual's residence. The court may in its sentencing order | 9 | | approve an
eligible defendant for placement in a Department of | 10 | | Corrections impact
incarceration program as provided in | 11 | | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 12 | | order recommend a defendant for placement in a Department of | 13 | | Corrections substance abuse treatment program as provided in | 14 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 15 | | upon the defendant being accepted in a program by the | 16 | | Department of Corrections. At the
hearing the court
shall:
| 17 | | (1) consider the evidence, if any, received upon the | 18 | | trial;
| 19 | | (2) consider any presentence reports;
| 20 | | (3) consider the financial impact of incarceration | 21 | | based on the
financial impact statement filed with the | 22 | | clerk of the court by the
Department of Corrections;
| 23 | | (4) consider evidence and information offered by the | 24 | | parties in
aggravation and mitigation; | 25 | | (4.5) consider substance abuse treatment, eligibility | 26 | | screening, and an assessment, if any, of the defendant by |
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| 1 | | an agent designated by the State of Illinois to provide | 2 | | assessment services for the Illinois courts;
| 3 | | (5) hear arguments as to sentencing alternatives;
| 4 | | (6) afford the defendant the opportunity to make a | 5 | | statement in his
own behalf;
| 6 | | (7) afford the victim of a violent crime or a violation | 7 | | of Section
11-501 of the Illinois Vehicle Code, or a | 8 | | similar provision of a local
ordinance, or a qualified | 9 | | individual affected by: (i) a violation of Section
405, | 10 | | 405.1, 405.2, or 407 of the Illinois Controlled Substances | 11 | | Act or a violation of Section 55 or Section 65 of the | 12 | | Methamphetamine Control and Community Protection Act,
or | 13 | | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | 14 | | except as described in subdivisions (a)(2)(A) and | 15 | | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 17 | | committed by the defendant the opportunity to make a | 18 | | statement
concerning the impact on the victim and to offer | 19 | | evidence in aggravation or
mitigation; provided that the | 20 | | statement and evidence offered in aggravation
or | 21 | | mitigation must first be prepared in writing in conjunction | 22 | | with the
State's Attorney before it may be presented orally | 23 | | at the hearing. Any
sworn testimony offered by the victim | 24 | | is subject to the defendant's right
to cross-examine. All | 25 | | statements and evidence offered under this paragraph
(7) | 26 | | shall become part of the record of the court. For the |
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| 1 | | purpose of this
paragraph (7), "qualified individual" | 2 | | means any person who (i) lived or worked
within the | 3 | | territorial jurisdiction where the offense took place when | 4 | | the
offense took place;
and (ii) is familiar with various | 5 | | public places within the territorial
jurisdiction where
| 6 | | the offense took place when the offense took place. For the | 7 | | purposes of
this paragraph (7), "qualified individual" | 8 | | includes any peace officer,
or any member of any duly | 9 | | organized State, county, or municipal peace unit
assigned | 10 | | to the territorial jurisdiction where the offense took | 11 | | place when the
offense took
place;
| 12 | | (8) in cases of reckless homicide afford the victim's | 13 | | spouse,
guardians, parents or other immediate family | 14 | | members an opportunity to make
oral statements;
| 15 | | (9) in cases involving a felony sex offense as defined | 16 | | under the Sex
Offender
Management Board Act, consider the | 17 | | results of the sex offender evaluation
conducted pursuant | 18 | | to Section 5-3-2 of this Act; and
| 19 | | (10) make a finding of whether a motor vehicle was used | 20 | | in the commission of the offense for which the defendant is | 21 | | being sentenced. | 22 | | (b) All sentences shall be imposed by the judge based upon | 23 | | his
independent assessment of the elements specified above and | 24 | | any agreement
as to sentence reached by the parties. The judge | 25 | | who presided at the
trial or the judge who accepted the plea of | 26 | | guilty shall impose the
sentence unless he is no longer sitting |
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| 1 | | as a judge in that court. Where
the judge does not impose | 2 | | sentence at the same time on all defendants
who are convicted | 3 | | as a result of being involved in the same offense, the
| 4 | | defendant or the State's Attorney may advise the sentencing | 5 | | court of the
disposition of any other defendants who have been | 6 | | sentenced.
| 7 | | (b-1) In imposing a sentence of imprisonment or periodic | 8 | | imprisonment for a Class 3 or Class 4 felony for which a | 9 | | sentence of probation or conditional discharge is an available | 10 | | sentence, if the defendant has no prior sentence of probation | 11 | | or conditional discharge and no prior conviction for a violent | 12 | | crime, the defendant shall not be sentenced to imprisonment | 13 | | before review and consideration of a presentence report and | 14 | | determination and explanation of why the particular evidence, | 15 | | information, factor in aggravation, factual finding, or other | 16 | | reasons support a sentencing determination that one or more of | 17 | | the factors under subsection (a) of Section 5-6-1 of this Code | 18 | | apply and that probation or conditional discharge is not an | 19 | | appropriate sentence. | 20 | | (c) In imposing a sentence for a violent crime or for an | 21 | | offense of
operating or being in physical control of a vehicle | 22 | | while under the
influence of alcohol, any other drug or any | 23 | | combination thereof, or a
similar provision of a local | 24 | | ordinance, when such offense resulted in the
personal injury to | 25 | | someone other than the defendant, the trial judge shall
specify | 26 | | on the record the particular evidence, information, factors in
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| 1 | | mitigation and aggravation or other reasons that led to his | 2 | | sentencing
determination. The full verbatim record of the | 3 | | sentencing hearing shall be
filed with the clerk of the court | 4 | | and shall be a public record.
| 5 | | (c-1) In imposing a sentence for the offense of aggravated | 6 | | kidnapping for
ransom, home invasion, armed robbery, | 7 | | aggravated vehicular hijacking,
aggravated discharge of a | 8 | | firearm, or armed violence with a category I weapon
or category | 9 | | II weapon,
the trial judge shall make a finding as to whether | 10 | | the conduct leading to
conviction for the offense resulted in | 11 | | great bodily harm to a victim, and
shall enter that finding and | 12 | | the basis for that finding in the record.
| 13 | | (c-2) If the defendant is sentenced to prison, other than | 14 | | when a sentence of
natural life imprisonment or a sentence of | 15 | | death is imposed, at the time
the sentence is imposed the judge | 16 | | shall
state on the record in open court the approximate period | 17 | | of time the defendant
will serve in custody according to the | 18 | | then current statutory rules and
regulations for sentence | 19 | | credit found in Section 3-6-3 and other related
provisions of | 20 | | this Code. This statement is intended solely to inform the
| 21 | | public, has no legal effect on the defendant's actual release, | 22 | | and may not be
relied on by the defendant on appeal.
| 23 | | The judge's statement, to be given after pronouncing the | 24 | | sentence, other than
when the sentence is imposed for one of | 25 | | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | 26 | | shall include the following:
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| 1 | | "The purpose of this statement is to inform the public of | 2 | | the actual period
of time this defendant is likely to spend in | 3 | | prison as a result of this
sentence. The actual period of | 4 | | prison time served is determined by the
statutes of Illinois as | 5 | | applied to this sentence by the Illinois Department of
| 6 | | Corrections and
the Illinois Prisoner Review Board. In this | 7 | | case, assuming the defendant
receives all of his or her | 8 | | sentence credit, the period of estimated actual
custody is ... | 9 | | years and ... months, less up to 180 days additional sentence | 10 | | credit for good conduct. If the defendant, because of his or
| 11 | | her own misconduct or failure to comply with the institutional | 12 | | regulations,
does not receive those credits, the actual time | 13 | | served in prison will be
longer. The defendant may also receive | 14 | | an additional one-half day sentence
credit for each day of | 15 | | participation in vocational, industry, substance abuse,
and | 16 | | educational programs as provided for by Illinois statute."
| 17 | | When the sentence is imposed for one of the offenses | 18 | | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | 19 | | when the sentence is imposed for one of the
offenses enumerated | 20 | | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 21 | | 19, 1998, and other than when the sentence is imposed for
| 22 | | reckless homicide as defined in subsection (e) of Section 9-3 | 23 | | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | 24 | | the offense was committed on or after January 1, 1999, and
| 25 | | other than when the sentence is imposed for aggravated arson if | 26 | | the offense was
committed on or after July 27, 2001 (the |
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| 1 | | effective date of Public Act
92-176), and
other than when the | 2 | | sentence is imposed for aggravated driving under the influence | 3 | | of alcohol,
other drug or drugs, or intoxicating compound or | 4 | | compounds, or any combination
thereof as defined in | 5 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 6 | | 11-501 of the Illinois Vehicle Code committed on or after | 7 | | January 1, 2011 (the effective date of Public Act 96-1230), the
| 8 | | judge's statement, to be given after pronouncing the sentence, | 9 | | shall include
the following:
| 10 | | "The purpose of this statement is to inform the public of | 11 | | the actual period
of time this defendant is likely to spend in | 12 | | prison as a result of this
sentence. The actual period of | 13 | | prison time served is determined by the
statutes of Illinois as | 14 | | applied to this sentence by the Illinois Department of
| 15 | | Corrections and the Illinois Prisoner Review Board. In this | 16 | | case,
assuming the defendant
receives all of his or her | 17 | | sentence credit, the period of estimated actual
custody is ... | 18 | | years and ... months, less up to 90 days additional sentence | 19 | | credit for good conduct. If the defendant, because of his or
| 20 | | her own misconduct or failure to comply with the institutional | 21 | | regulations,
does not receive those credits, the actual time | 22 | | served in prison will be
longer. The defendant may also receive | 23 | | an additional one-half day sentence
credit for each day of | 24 | | participation in vocational, industry, substance abuse,
and | 25 | | educational programs as provided for by Illinois statute."
| 26 | | When the sentence is imposed for one of the offenses |
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| 1 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 2 | | first degree murder, and the offense was
committed on or after | 3 | | June 19, 1998, and when the sentence is imposed for
reckless | 4 | | homicide as defined in subsection (e) of Section 9-3 of the | 5 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 6 | | offense was committed on or after January 1, 1999,
and when the | 7 | | sentence is imposed for aggravated driving under the influence
| 8 | | of alcohol, other drug or drugs, or intoxicating compound or | 9 | | compounds, or
any combination thereof as defined in | 10 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 11 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 12 | | imposed for aggravated arson if the offense was committed
on or | 13 | | after July 27, 2001 (the effective date of Public Act 92-176), | 14 | | and when
the sentence is imposed for aggravated driving under | 15 | | the influence of alcohol,
other drug or drugs, or intoxicating | 16 | | compound or compounds, or any combination
thereof as defined in | 17 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 18 | | 11-501 of the Illinois Vehicle Code committed on or after | 19 | | January 1, 2011 (the effective date of Public Act 96-1230), the | 20 | | judge's
statement, to be given after pronouncing the sentence, | 21 | | shall include the
following:
| 22 | | "The purpose of this statement is to inform the public of | 23 | | the actual period
of time this defendant is likely to spend in | 24 | | prison as a result of this
sentence. The actual period of | 25 | | prison time served is determined by the
statutes of Illinois as | 26 | | applied to this sentence by the Illinois Department of
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| 1 | | Corrections and
the Illinois Prisoner Review Board. In this | 2 | | case,
the defendant is entitled to no more than 4 1/2 days of | 3 | | sentence credit for
each month of his or her sentence of | 4 | | imprisonment. Therefore, this defendant
will serve at least 85% | 5 | | of his or her sentence. Assuming the defendant
receives 4 1/2 | 6 | | days credit for each month of his or her sentence, the period
| 7 | | of estimated actual custody is ... years and ... months. If the | 8 | | defendant,
because of his or her own misconduct or failure to | 9 | | comply with the
institutional regulations receives lesser | 10 | | credit, the actual time served in
prison will be longer."
| 11 | | When a sentence of imprisonment is imposed for first degree | 12 | | murder and
the offense was committed on or after June 19, 1998, | 13 | | the judge's statement,
to be given after pronouncing the | 14 | | sentence, shall include the following:
| 15 | | "The purpose of this statement is to inform the public of | 16 | | the actual period
of time this defendant is likely to spend in | 17 | | prison as a result of this
sentence. The actual period of | 18 | | prison time served is determined by the
statutes of Illinois as | 19 | | applied to this sentence by the Illinois Department
of | 20 | | Corrections and the Illinois Prisoner Review Board. In this | 21 | | case, the
defendant is not entitled to sentence credit. | 22 | | Therefore, this defendant
will serve 100% of his or her | 23 | | sentence."
| 24 | | When a sentence of imprisonment is imposed for predatory | 25 | | criminal sexual assault of a child, aggravated kidnapping under | 26 | | subdivision (a)(2) of Section 10-2 of the Criminal Code of |
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| 1 | | 2012, a second or subsequent offense of luring of a minor, or | 2 | | aggravated battery under subdivision (b)(1) of Section 12-3.05 | 3 | | of the Criminal Code of 2012 and
the offense was committed on | 4 | | or after the effective date of this amendatory Act of the 100th | 5 | | General Assembly, the judge's statement,
to be given after | 6 | | pronouncing the sentence, shall include the following: | 7 | | "The purpose of this statement is to inform the public of | 8 | | the actual period
of time this defendant is likely to spend in | 9 | | prison as a result of this
sentence. The actual period of | 10 | | prison time served is determined by the
statutes of Illinois as | 11 | | applied to this sentence by the Illinois Department
of | 12 | | Corrections and the Illinois Prisoner Review Board. In this | 13 | | case, the
defendant is not entitled to sentence credit. | 14 | | Therefore, this defendant
will serve 100% of his or her | 15 | | sentence." | 16 | | When the sentencing order recommends placement in a | 17 | | substance abuse program for any offense that results in | 18 | | incarceration
in a Department of Corrections facility and the | 19 | | crime was
committed on or after September 1, 2003 (the | 20 | | effective date of Public Act
93-354), the judge's
statement, in | 21 | | addition to any other judge's statement required under this
| 22 | | Section, to be given after pronouncing the sentence, shall | 23 | | include the
following:
| 24 | | "The purpose of this statement is to inform the public of
| 25 | | the actual period of time this defendant is likely to spend in
| 26 | | prison as a result of this sentence. The actual period of
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| 1 | | prison time served is determined by the statutes of Illinois as
| 2 | | applied to this sentence by the Illinois Department of
| 3 | | Corrections and the Illinois Prisoner Review Board. In this
| 4 | | case, the defendant shall receive no sentence credit for good | 5 | | conduct under clause (3) of subsection (a) of Section 3-6-3 | 6 | | until he or
she participates in and completes a substance abuse | 7 | | treatment program or receives a waiver from the Director of | 8 | | Corrections pursuant to clause (4.5) of subsection (a) of | 9 | | Section 3-6-3."
| 10 | | (c-4) Before the sentencing hearing and as part of the | 11 | | presentence investigation under Section 5-3-1, the court shall | 12 | | inquire of the defendant whether the defendant is currently | 13 | | serving in or is a veteran of the Armed Forces of the United | 14 | | States.
If the defendant is currently serving in the Armed | 15 | | Forces of the United States or is a veteran of the Armed Forces | 16 | | of the United States and has been diagnosed as having a mental | 17 | | illness by a qualified psychiatrist or clinical psychologist or | 18 | | physician, the court may: | 19 | | (1) order that the officer preparing the presentence | 20 | | report consult with the United States Department of | 21 | | Veterans Affairs, Illinois Department of Veterans' | 22 | | Affairs, or another agency or person with suitable | 23 | | knowledge or experience for the purpose of providing the | 24 | | court with information regarding treatment options | 25 | | available to the defendant, including federal, State, and | 26 | | local programming; and |
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| 1 | | (2) consider the treatment recommendations of any | 2 | | diagnosing or treating mental health professionals | 3 | | together with the treatment options available to the | 4 | | defendant in imposing sentence. | 5 | | For the purposes of this subsection (c-4), "qualified | 6 | | psychiatrist" means a reputable physician licensed in Illinois | 7 | | to practice medicine in all its branches, who has specialized | 8 | | in the diagnosis and treatment of mental and nervous disorders | 9 | | for a period of not less than 5 years. | 10 | | (c-6) In imposing a sentence, the trial judge shall | 11 | | specify, on the record, the particular evidence and other | 12 | | reasons which led to his or her determination that a motor | 13 | | vehicle was used in the commission of the offense. | 14 | | (d) When the defendant is committed to the Department of
| 15 | | Corrections, the State's Attorney shall and counsel for the | 16 | | defendant
may file a statement with the clerk of the court to | 17 | | be transmitted to
the department, agency or institution to | 18 | | which the defendant is
committed to furnish such department, | 19 | | agency or institution with the
facts and circumstances of the | 20 | | offense for which the person was
committed together with all | 21 | | other factual information accessible to them
in regard to the | 22 | | person prior to his commitment relative to his habits,
| 23 | | associates, disposition and reputation and any other facts and
| 24 | | circumstances which may aid such department, agency or | 25 | | institution
during its custody of such person. The clerk shall | 26 | | within 10 days after
receiving any such statements transmit a |
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| 1 | | copy to such department, agency
or institution and a copy to | 2 | | the other party, provided, however, that
this shall not be | 3 | | cause for delay in conveying the person to the
department, | 4 | | agency or institution to which he has been committed.
| 5 | | (e) The clerk of the court shall transmit to the | 6 | | department,
agency or institution, if any, to which the | 7 | | defendant is committed, the
following:
| 8 | | (1) the sentence imposed;
| 9 | | (2) any statement by the court of the basis for | 10 | | imposing the sentence;
| 11 | | (3) any presentence reports;
| 12 | | (3.5) any sex offender evaluations;
| 13 | | (3.6) any substance abuse treatment eligibility | 14 | | screening and assessment of the defendant by an agent | 15 | | designated by the State of Illinois to provide assessment | 16 | | services for the Illinois courts;
| 17 | | (4) the number of days, if any, which the defendant has | 18 | | been in
custody and for which he is entitled to credit | 19 | | against the sentence,
which information shall be provided | 20 | | to the clerk by the sheriff;
| 21 | | (4.1) any finding of great bodily harm made by the | 22 | | court with respect
to an offense enumerated in subsection | 23 | | (c-1);
| 24 | | (5) all statements filed under subsection (d) of this | 25 | | Section;
| 26 | | (6) any medical or mental health records or summaries |
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| 1 | | of the defendant;
| 2 | | (7) the municipality where the arrest of the offender | 3 | | or the commission
of the offense has occurred, where such | 4 | | municipality has a population of
more than 25,000 persons;
| 5 | | (8) all statements made and evidence offered under | 6 | | paragraph (7) of
subsection (a) of this Section; and
| 7 | | (9) all additional matters which the court directs the | 8 | | clerk to
transmit.
| 9 | | (f) In cases in which the court finds that a motor vehicle | 10 | | was used in the commission of the offense for which the | 11 | | defendant is being sentenced, the clerk of the court shall, | 12 | | within 5 days thereafter, forward a report of such conviction | 13 | | to the Secretary of State. | 14 | | (Source: P.A. 99-861, eff. 1-1-17 .)
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