Full Text of SB3551 101st General Assembly
SB3551 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3551 Introduced 2/14/2020, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, unlawful possession of a firearm by a street gang member, vehicular hijacking, and aggravated vehicular hijacking. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a prisoner serving a sentence for aggravated unlawful use of a weapon, except for a first offense or a first offense in which the offender is at least 18 years of age and illegally carries or possesses a firearm without being issued a currently valid Firearm Owner's Identification Card, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or possession of weapons by felons, or
persons in the custody of the
Department of Corrections facilities, aggravated unlawful use of a weapon by a person who has been previously
convicted of a felony in this State or another jurisdiction, or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.
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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 Criminal Code of 2012 is amended by changing | 5 | | Sections 18-3, 18-4, 24-1.1, 24-1.6, and 24-1.8 as follows:
| 6 | | (720 ILCS 5/18-3)
| 7 | | Sec. 18-3. Vehicular hijacking.
| 8 | | (a) A person commits vehicular hijacking when he or she | 9 | | knowingly takes a motor
vehicle from the person or the | 10 | | immediate presence of another by the use of
force or by | 11 | | threatening the imminent use of force.
| 12 | | (b) Sentence. Vehicular hijacking is a Class 1 felony for | 13 | | which a term of imprisonment of not less than 5 years shall be | 14 | | imposed .
| 15 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 16 | | (720 ILCS 5/18-4)
| 17 | | Sec. 18-4. Aggravated vehicular hijacking.
| 18 | | (a) A person commits aggravated vehicular hijacking when he | 19 | | or she violates
Section 18-3; and
| 20 | | (1) the person from whose immediate presence the motor | 21 | | vehicle is
taken is a person with a physical disability or | 22 | | a person 60 years of age or over;
or
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| 1 | | (2) a person under 16 years of age is a passenger in | 2 | | the motor vehicle at
the time of the offense; or
| 3 | | (3) he or she carries on or about his or her person, or | 4 | | is otherwise armed
with a dangerous weapon, other than a | 5 | | firearm; or
| 6 | | (4) he or she carries on or about his or her person or | 7 | | is otherwise armed
with a firearm; or
| 8 | | (5) he or she, during the commission of the offense, | 9 | | personally discharges
a firearm; or
| 10 | | (6) he or she, during the commission of the offense, | 11 | | personally discharges
a firearm that proximately causes | 12 | | great bodily harm, permanent disability,
permanent | 13 | | disfigurement, or death to another person.
| 14 | | (b) Sentence. Aggravated vehicular hijacking in violation | 15 | | of subsections
(a)(1) or (a)(2) is a Class X felony for which a | 16 | | term of imprisonment of not less than 7 years shall be imposed .
| 17 | | A violation of subsection (a)(3) is a Class X
felony for which | 18 | | a term of imprisonment of not less than 10 7 years shall be
| 19 | | imposed.
A violation of subsection (a)(4) is a Class X
felony | 20 | | for which 20 15 years shall be added to the term of | 21 | | imprisonment imposed by
the court. A violation of subsection | 22 | | (a)(5) is
a Class X felony for which 25 20 years shall be added | 23 | | to the term of imprisonment
imposed by the court. A violation | 24 | | of subsection
(a)(6) is a Class X felony for which 30 25 years | 25 | | or up to a term of natural life
shall be added to the term of | 26 | | imprisonment imposed by the court.
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 2 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 3 | | Sec. 24-1.1. Unlawful use or possession of weapons by | 4 | | felons or
persons in the custody of the
Department of | 5 | | Corrections facilities. | 6 | | (a) It is unlawful
for a person to knowingly possess on or | 7 | | about his person or on his land or
in his own abode or fixed | 8 | | place of business any weapon prohibited under
Section 24-1 of | 9 | | this Act or any firearm or any firearm ammunition if the
person | 10 | | has been convicted of a felony under the laws of this State or | 11 | | any
other jurisdiction. This Section shall not apply if the | 12 | | person has been
granted relief by the Director of the | 13 | | Department of State Police
under Section 10 of the Firearm | 14 | | Owners Identification
Card Act.
| 15 | | (b) It is unlawful for any person confined in a penal | 16 | | institution,
which is a facility of the Illinois Department of | 17 | | Corrections, to possess
any weapon prohibited under Section | 18 | | 24-1 of this Code or any firearm or
firearm ammunition, | 19 | | regardless of the intent with which he possesses it.
| 20 | | (c) It shall be an affirmative defense to a violation of | 21 | | subsection (b), that such possession was specifically | 22 | | authorized by rule,
regulation, or directive of the Illinois | 23 | | Department of Corrections or order
issued pursuant thereto.
| 24 | | (d) The defense of necessity is not available to a person | 25 | | who is charged
with a violation of subsection (b) of this |
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| 1 | | Section.
| 2 | | (e) Sentence. Violation of this Section by a person not | 3 | | confined
in a penal institution shall be a Class 3 felony
for | 4 | | which the person shall be sentenced to no less than 3 2 years | 5 | | and no
more than 10 years. A second or subsequent violation of | 6 | | this Section shall be a Class 2 felony for which the person | 7 | | shall be sentenced to a term of imprisonment of not less than 4 | 8 | | 3 years and not more than 14 years, except as provided for in | 9 | | Section 5-4.5-110 of the Unified Code of Corrections. Violation | 10 | | of this Section by a person not confined in a
penal institution | 11 | | who has been convicted of a forcible felony, a felony
violation | 12 | | of Article 24 of this Code or of the Firearm Owners | 13 | | Identification
Card Act, stalking or aggravated stalking, or a | 14 | | Class 2 or greater felony
under the Illinois Controlled | 15 | | Substances Act, the Cannabis Control Act, or the | 16 | | Methamphetamine Control and Community Protection Act is a
Class | 17 | | 2 felony for which the person
shall be sentenced to not less | 18 | | than 4 3 years and not more than 14 years, except as provided | 19 | | for in Section 5-4.5-110 of the Unified Code of Corrections.
| 20 | | Violation of this Section by a person who is on parole or | 21 | | mandatory supervised
release is a Class 2 felony for which the | 22 | | person shall be sentenced to not less than 4 3 years and not | 23 | | more than 14
years, except as provided for in Section 5-4.5-110 | 24 | | of the Unified Code of Corrections. Violation of this Section | 25 | | by a person not confined in a penal
institution is a Class X | 26 | | felony when the firearm possessed is a machine gun.
Any person |
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| 1 | | who violates this Section while confined in a penal
| 2 | | institution, which is a facility of the Illinois Department of
| 3 | | Corrections, is guilty of a Class 1
felony, if he possesses any | 4 | | weapon prohibited under Section 24-1 of this
Code regardless of | 5 | | the intent with which he possesses it, a Class X
felony if he | 6 | | possesses any firearm, firearm ammunition or explosive, and a
| 7 | | Class X felony for which the offender shall be sentenced to not | 8 | | less than 12
years and not more than 50 years when the firearm | 9 | | possessed is a machine
gun. A violation of this Section while | 10 | | wearing or in possession of body armor as defined in Section | 11 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 12 | | of not less than 10 years and not more than 40 years.
The | 13 | | possession of each firearm or firearm ammunition in violation | 14 | | of this Section constitutes a single and separate violation. A | 15 | | sentence of county impact incarceration under Section 5-8-1.2 | 16 | | of the Unified Code of Corrections is not authorized for a | 17 | | violation of this Section.
| 18 | | (Source: P.A. 100-3, eff. 1-1-18 .)
| 19 | | (720 ILCS 5/24-1.6) | 20 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 21 | | (a) A person commits the offense of aggravated unlawful use | 22 | | of a weapon when
he or she knowingly: | 23 | | (1) Carries on or about his or her person or in any | 24 | | vehicle or concealed
on or about his or her person except | 25 | | when on his or her land or in his or her
abode, legal |
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| 1 | | dwelling, or fixed place of business, or on the land or in | 2 | | the legal dwelling of another person as an invitee with | 3 | | that person's permission, any pistol, revolver, stun gun or | 4 | | taser or
other firearm; or | 5 | | (2) Carries or possesses on or about his or her person, | 6 | | upon any public
street, alley, or other public lands within | 7 | | the corporate limits of a city,
village or incorporated | 8 | | town, except when an invitee thereon or therein, for
the | 9 | | purpose of the display of such weapon or the lawful | 10 | | commerce in weapons, or
except when on his or her own land | 11 | | or in his or her own abode, legal dwelling, or fixed place | 12 | | of
business, or on the land or in the legal dwelling of | 13 | | another person as an invitee with that person's permission, | 14 | | any pistol, revolver, stun gun or taser or other firearm; | 15 | | and | 16 | | (3) One of the following factors is present: | 17 | | (A) the firearm, other than a pistol, revolver, or | 18 | | handgun, possessed was uncased, loaded, and | 19 | | immediately accessible
at the time of the offense; or | 20 | | (A-5) the pistol, revolver, or handgun possessed | 21 | | was uncased, loaded, and immediately accessible
at the | 22 | | time of the offense and the person possessing the | 23 | | pistol, revolver, or handgun has not been issued a | 24 | | currently valid license under the Firearm Concealed | 25 | | Carry Act; or | 26 | | (B) the firearm, other than a pistol, revolver, or |
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| 1 | | handgun, possessed was uncased, unloaded, and the | 2 | | ammunition for
the weapon was immediately accessible | 3 | | at the time of the offense; or | 4 | | (B-5) the pistol, revolver, or handgun possessed | 5 | | was uncased, unloaded, and the ammunition for
the | 6 | | weapon was immediately accessible at the time of the | 7 | | offense and the person possessing the pistol, | 8 | | revolver, or handgun has not been issued a currently | 9 | | valid license under the Firearm Concealed Carry Act; or | 10 | | (C) the person possessing the firearm has not been | 11 | | issued a currently
valid Firearm Owner's | 12 | | Identification Card; or | 13 | | (D) the person possessing the weapon was | 14 | | previously adjudicated
a delinquent minor under the | 15 | | Juvenile Court Act of 1987 for an act that if
committed | 16 | | by an adult would be a felony; or | 17 | | (E) the person possessing the weapon was engaged in | 18 | | a misdemeanor
violation of the Cannabis
Control Act, in | 19 | | a misdemeanor violation of the Illinois Controlled | 20 | | Substances
Act, or in a misdemeanor violation of the | 21 | | Methamphetamine Control and Community Protection Act; | 22 | | or | 23 | | (F) (blank); or | 24 | | (G) the person possessing the weapon had an order | 25 | | of protection issued
against him or her within the | 26 | | previous 2 years; or |
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| 1 | | (H) the person possessing the weapon was engaged in | 2 | | the commission or
attempted commission of
a | 3 | | misdemeanor involving the use or threat of violence | 4 | | against
the person or property of another; or | 5 | | (I) the person possessing the weapon was under 21 | 6 | | years of age and in
possession of a handgun, unless the | 7 | | person under 21
is engaged in lawful activities under | 8 | | the Wildlife Code or described in
subsection | 9 | | 24-2(b)(1), (b)(3), or 24-2(f). | 10 | | (a-5) "Handgun" as used in this Section has the meaning | 11 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 12 | | (b) "Stun gun or taser" as used in this Section has the | 13 | | same definition
given to it in Section 24-1 of this Code. | 14 | | (c) This Section does not apply to or affect the | 15 | | transportation or
possession
of weapons that: | 16 | | (i) are broken down in a non-functioning state; or | 17 | | (ii) are not immediately accessible; or | 18 | | (iii) are unloaded and enclosed in a case, firearm | 19 | | carrying box,
shipping box, or other container by a person | 20 | | who has been issued a currently
valid Firearm Owner's
| 21 | | Identification Card. | 22 | | (d) Sentence. | 23 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 24 | | felony;
a second or subsequent offense is a Class 2 felony | 25 | | for which the person shall be sentenced to a term of | 26 | | imprisonment of not less than 4 3 years and not more than |
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| 1 | | 10 7 years, except as provided for in Section 5-4.5-110 of | 2 | | the Unified Code of Corrections. | 3 | | (2) Except as otherwise provided in paragraphs (3) and | 4 | | (4) of this subsection (d), a first offense of aggravated | 5 | | unlawful use of a weapon committed with a firearm by a | 6 | | person 18 years of age or older where the factors listed in | 7 | | both items (A) and (C) or both items (A-5) and (C) of | 8 | | paragraph (3) of subsection (a) are present is a Class 4 | 9 | | felony, for which the person shall be sentenced to a term | 10 | | of imprisonment of not less than one year and not more than | 11 | | 3 years. | 12 | | (3) Aggravated unlawful use of
a weapon by a person who | 13 | | has been previously
convicted of a felony in this State or | 14 | | another jurisdiction is a Class 2
felony for which the | 15 | | person shall be sentenced to a term of imprisonment of not | 16 | | less than 4 3 years and not more than 10 7 years, except as | 17 | | provided for in Section 5-4.5-110 of the Unified Code of | 18 | | Corrections. A sentence of county impact incarceration | 19 | | under Section 5-8-1.2 of the Unified Code of Corrections is | 20 | | not authorized for a violation of this paragraph (3). | 21 | | (4) Aggravated unlawful use of a weapon while wearing | 22 | | or in possession of body armor as defined in Section 33F-1 | 23 | | by a person who has not been issued a valid Firearms | 24 | | Owner's Identification Card in accordance with Section 5 of | 25 | | the Firearm Owners Identification Card Act is a Class X | 26 | | felony.
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| 1 | | (e) The possession of each firearm in violation of this | 2 | | Section constitutes a single and separate violation. | 3 | | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | 4 | | (720 ILCS 5/24-1.8) | 5 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 6 | | gang member. | 7 | | (a) A person
commits unlawful possession of a firearm by a | 8 | | street gang member when he or she knowingly: | 9 | | (1) possesses, carries, or conceals on or about his or | 10 | | her person a firearm and firearm ammunition while on any | 11 | | street, road, alley, gangway, sidewalk, or any other lands, | 12 | | except when inside his or her own abode or inside his or | 13 | | her fixed place of business, and has not been issued a | 14 | | currently valid Firearm Owner's Identification Card and is | 15 | | a member of a street gang; or | 16 | | (2) possesses or carries in any vehicle a firearm and | 17 | | firearm ammunition which are both immediately accessible | 18 | | at the time of the offense while on any street, road, | 19 | | alley, or any other lands, except when inside his or her | 20 | | own abode or garage, and has not been issued a currently | 21 | | valid Firearm Owner's Identification Card and is a member | 22 | | of a street gang. | 23 | | (b) Unlawful possession of a firearm by a street gang | 24 | | member is a Class 2 felony for which the person, if sentenced | 25 | | to a term of imprisonment, shall be sentenced to no less than 4 |
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| 1 | | 3 years and no more than 10 years. A period of probation, a | 2 | | term of periodic imprisonment or conditional discharge shall | 3 | | not be imposed for the offense of unlawful possession of a | 4 | | firearm by a street gang member when the firearm was loaded or | 5 | | contained firearm ammunition and the court shall sentence the | 6 | | offender to not less than the minimum term of imprisonment | 7 | | authorized for the Class 2 felony. A sentence of county impact | 8 | | incarceration under Section 5-8-1.2 of the Unified Code of | 9 | | Corrections is not authorized for a violation of this Section. | 10 | | (c) For purposes of this Section: | 11 | | "Street gang" or "gang" has the meaning ascribed to it | 12 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 13 | | Prevention Act. | 14 | | "Street gang member" or "gang member" has the meaning | 15 | | ascribed to it in Section 10 of the Illinois Streetgang | 16 | | Terrorism Omnibus Prevention Act.
| 17 | | (Source: P.A. 96-829, eff. 12-3-09.)
| 18 | | Section 10. The Unified Code of Corrections is amended by | 19 | | changing Sections 3-6-3, 5-5-3, and 5-8-1.2 as follows:
| 20 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 21 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 22 | | (a)(1) The Department of Corrections shall prescribe rules
| 23 | | and regulations for awarding and revoking sentence credit for | 24 | | persons committed to the Department which shall
be subject to |
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| 1 | | review by the Prisoner Review Board.
| 2 | | (1.5) As otherwise provided by law, sentence credit may be | 3 | | awarded for the following: | 4 | | (A) successful completion of programming while in | 5 | | custody of the Department or while in custody prior to | 6 | | sentencing; | 7 | | (B) compliance with the rules and regulations of the | 8 | | Department; or | 9 | | (C) service to the institution, service to a community, | 10 | | or service to the State. | 11 | | (2) Except as provided in paragraph (4.7) of this | 12 | | subsection (a), the rules and regulations on sentence credit | 13 | | shall provide, with
respect to offenses listed in clause (i), | 14 | | (ii), or (iii) of this paragraph (2) committed on or after June | 15 | | 19, 1998 or with respect to the offense listed in clause (iv) | 16 | | of this paragraph (2) committed on or after June 23, 2005 (the | 17 | | effective date of Public Act 94-71) or with
respect to offense | 18 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 19 | | effective date of Public Act 95-625)
or with respect to the | 20 | | offense of being an armed habitual criminal committed on or | 21 | | after August 2, 2005 (the effective date of Public Act 94-398) | 22 | | or with respect to the offenses listed in clause (v) of this | 23 | | paragraph (2) committed on or after August 13, 2007 (the | 24 | | effective date of Public Act 95-134) or with respect to the | 25 | | offense of aggravated domestic battery committed on or after | 26 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
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| 1 | | with respect to the offense of attempt to commit terrorism | 2 | | committed on or after January 1, 2013 (the effective date of | 3 | | Public Act 97-990) or with
respect to offenses listed in clause | 4 | | (viii)
committed on or after the effective date of this | 5 | | amendatory Act of the 101st General Assembly , the following:
| 6 | | (i) that a prisoner who is serving a term of | 7 | | imprisonment for first
degree murder or for the offense of | 8 | | terrorism shall receive no sentence
credit and shall serve | 9 | | the entire
sentence imposed by the court;
| 10 | | (ii) that a prisoner serving a sentence for attempt to | 11 | | commit terrorism, attempt to commit first
degree murder, | 12 | | solicitation of murder, solicitation of murder for hire,
| 13 | | intentional homicide of an unborn child, predatory | 14 | | criminal sexual assault of a
child, aggravated criminal | 15 | | sexual assault, criminal sexual assault, aggravated
| 16 | | kidnapping, aggravated battery with a firearm as described | 17 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 18 | | (e)(4) of Section 12-3.05, heinous battery as described in | 19 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 20 | | being an armed habitual criminal, aggravated
battery of a | 21 | | senior citizen as described in Section 12-4.6 or | 22 | | subdivision (a)(4) of Section 12-3.05, or aggravated | 23 | | battery of a child as described in Section 12-4.3 or | 24 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more | 25 | | than 4.5 days of sentence credit for each month of his or | 26 | | her sentence
of imprisonment;
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| 1 | | (iii) that a prisoner serving a sentence
for home | 2 | | invasion, armed robbery, aggravated vehicular hijacking,
| 3 | | aggravated discharge of a firearm, or armed violence with a | 4 | | category I weapon
or category II weapon, when the court
has | 5 | | made and entered a finding, pursuant to subsection (c-1) of | 6 | | Section 5-4-1
of this Code, that the conduct leading to | 7 | | conviction for the enumerated offense
resulted in great | 8 | | bodily harm to a victim, shall receive no more than 4.5 | 9 | | days
of sentence credit for each month of his or her | 10 | | sentence of imprisonment;
| 11 | | (iv) that a prisoner serving a sentence for aggravated | 12 | | discharge of a firearm, whether or not the conduct leading | 13 | | to conviction for the offense resulted in great bodily harm | 14 | | to the victim, shall receive no more than 4.5 days of | 15 | | sentence credit for each month of his or her sentence of | 16 | | imprisonment;
| 17 | | (v) that a person serving a sentence for gunrunning, | 18 | | narcotics racketeering, controlled substance trafficking, | 19 | | methamphetamine trafficking, drug-induced homicide, | 20 | | aggravated methamphetamine-related child endangerment, | 21 | | money laundering pursuant to clause (c) (4) or (5) of | 22 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 23 | | Code of 2012, or a Class X felony conviction for delivery | 24 | | of a controlled substance, possession of a controlled | 25 | | substance with intent to manufacture or deliver, | 26 | | calculated criminal drug conspiracy, criminal drug |
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| 1 | | conspiracy, street gang criminal drug conspiracy, | 2 | | participation in methamphetamine manufacturing, aggravated | 3 | | participation in methamphetamine manufacturing, delivery | 4 | | of methamphetamine, possession with intent to deliver | 5 | | methamphetamine, aggravated delivery of methamphetamine, | 6 | | aggravated possession with intent to deliver | 7 | | methamphetamine, methamphetamine conspiracy when the | 8 | | substance containing the controlled substance or | 9 | | methamphetamine is 100 grams or more shall receive no more | 10 | | than 7.5 days sentence credit for each month of his or her | 11 | | sentence of imprisonment;
| 12 | | (vi)
that a prisoner serving a sentence for a second or | 13 | | subsequent offense of luring a minor shall receive no more | 14 | | than 4.5 days of sentence credit for each month of his or | 15 | | her sentence of imprisonment; and
| 16 | | (vii) that a prisoner serving a sentence for aggravated | 17 | | domestic battery shall receive no more than 4.5 days of | 18 | | sentence credit for each month of his or her sentence of | 19 | | imprisonment ; and . | 20 | | (viii) that a prisoner serving a sentence for a | 21 | | violation of Section 24-1.1, 24-1.6, except for a sentence | 22 | | for a first offense under paragraph (1) of subsection (d) | 23 | | of Section 24-1.6 or a sentence under paragraph (2) of | 24 | | subsection (d) of Section 24-1.6, or 24-1.8 of the Criminal | 25 | | Code of 2012 shall receive no more than 4.5 days of | 26 | | sentence credit for each month of his or her sentence of |
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| 1 | | imprisonment. | 2 | | (2.1) For all offenses, other than those enumerated in | 3 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 4 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 5 | | June 23, 2005 (the effective date of Public Act 94-71) or | 6 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 7 | | (the effective date of Public Act 95-134)
or subdivision | 8 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 9 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | 10 | | on or after July 23, 2010 (the effective date of Public Act | 11 | | 96-1224), and other than the offense of aggravated driving | 12 | | under the influence of alcohol, other drug or drugs, or
| 13 | | intoxicating compound or compounds, or any combination thereof | 14 | | as defined in
subparagraph (F) of paragraph (1) of subsection | 15 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | 16 | | than the offense of aggravated driving under the influence of | 17 | | alcohol,
other drug or drugs, or intoxicating compound or | 18 | | compounds, or any combination
thereof as defined in | 19 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 20 | | 11-501 of the Illinois Vehicle Code committed on or after | 21 | | January 1, 2011 (the effective date of Public Act 96-1230),
the | 22 | | rules and regulations shall
provide that a prisoner who is | 23 | | serving a term of
imprisonment shall receive one day of | 24 | | sentence credit for each day of
his or her sentence of | 25 | | imprisonment or recommitment under Section 3-3-9.
Each day of | 26 | | sentence credit shall reduce by one day the prisoner's period
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| 1 | | of imprisonment or recommitment under Section 3-3-9.
| 2 | | (2.2) A prisoner serving a term of natural life | 3 | | imprisonment or a
prisoner who has been sentenced to death | 4 | | shall receive no sentence
credit.
| 5 | | (2.3) Except as provided in paragraph (4.7) of this | 6 | | subsection (a), the rules and regulations on sentence credit | 7 | | shall provide that
a prisoner who is serving a sentence for | 8 | | aggravated driving under the influence of alcohol,
other drug | 9 | | or drugs, or intoxicating compound or compounds, or any | 10 | | combination
thereof as defined in subparagraph (F) of paragraph | 11 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 12 | | Code, shall receive no more than 4.5
days of sentence credit | 13 | | for each month of his or her sentence of
imprisonment.
| 14 | | (2.4) Except as provided in paragraph (4.7) of this | 15 | | subsection (a), the rules and regulations on sentence credit | 16 | | shall provide with
respect to the offenses of aggravated | 17 | | battery with a machine gun or a firearm
equipped with any | 18 | | device or attachment designed or used for silencing the
report | 19 | | of a firearm or aggravated discharge of a machine gun or a | 20 | | firearm
equipped with any device or attachment designed or used | 21 | | for silencing the
report of a firearm, committed on or after
| 22 | | July 15, 1999 (the effective date of Public Act 91-121),
that a | 23 | | prisoner serving a sentence for any of these offenses shall | 24 | | receive no
more than 4.5 days of sentence credit for each month | 25 | | of his or her sentence
of imprisonment.
| 26 | | (2.5) Except as provided in paragraph (4.7) of this |
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| 1 | | subsection (a), the rules and regulations on sentence credit | 2 | | shall provide that a
prisoner who is serving a sentence for | 3 | | aggravated arson committed on or after
July 27, 2001 (the | 4 | | effective date of Public Act 92-176) shall receive no more than
| 5 | | 4.5 days of sentence credit for each month of his or her | 6 | | sentence of
imprisonment.
| 7 | | (2.6) Except as provided in paragraph (4.7) of this | 8 | | subsection (a), the rules and regulations on sentence credit | 9 | | shall provide that a
prisoner who is serving a sentence for | 10 | | aggravated driving under the influence of alcohol,
other drug | 11 | | or drugs, or intoxicating compound or compounds or any | 12 | | combination
thereof as defined in subparagraph (C) of paragraph | 13 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 14 | | Code committed on or after January 1, 2011 (the effective date | 15 | | of Public Act 96-1230) shall receive no more than 4.5
days of | 16 | | sentence credit for each month of his or her sentence of
| 17 | | imprisonment. | 18 | | (3) In addition to the sentence credits earned under | 19 | | paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a), | 20 | | the rules and regulations shall also provide that
the Director | 21 | | may award up to 180 days of earned sentence
credit for good | 22 | | conduct in specific instances as the
Director deems proper. The | 23 | | good conduct may include, but is not limited to, compliance | 24 | | with the rules and regulations of the Department, service to | 25 | | the Department, service to a community, or service to the | 26 | | State.
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| 1 | | Eligible inmates for an award of earned sentence credit | 2 | | under
this paragraph (3) may be selected to receive the credit | 3 | | at
the Director's or his or her designee's sole discretion.
| 4 | | Eligibility for the additional earned sentence credit under | 5 | | this paragraph (3) shall be based on, but is not limited to, | 6 | | the results of any available risk/needs assessment or other | 7 | | relevant assessments or evaluations administered by the | 8 | | Department using a validated instrument, the circumstances of | 9 | | the crime, any history of conviction for a forcible felony | 10 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 11 | | inmate's behavior and disciplinary history while incarcerated, | 12 | | and the inmate's commitment to rehabilitation, including | 13 | | participation in programming offered by the Department. | 14 | | The Director shall not award sentence credit under this | 15 | | paragraph (3) to an inmate unless the inmate has served a | 16 | | minimum of 60 days of the sentence; except nothing in this | 17 | | paragraph shall be construed to permit the Director to extend | 18 | | an inmate's sentence beyond that which was imposed by the | 19 | | court. Prior to awarding credit under this paragraph (3), the | 20 | | Director shall make a written determination that the inmate: | 21 | | (A) is eligible for the earned sentence credit; | 22 | | (B) has served a minimum of 60 days, or as close to 60 | 23 | | days as the sentence will allow; | 24 | | (B-1) has received a risk/needs assessment or other | 25 | | relevant evaluation or assessment administered by the | 26 | | Department using a validated instrument; and |
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| 1 | | (C) has met the eligibility criteria established by | 2 | | rule for earned sentence credit. | 3 | | The Director shall determine the form and content of the | 4 | | written determination required in this subsection. | 5 | | (3.5) The Department shall provide annual written reports | 6 | | to the Governor and the General Assembly on the award of earned | 7 | | sentence credit no later than February 1 of each year. The | 8 | | Department must publish both reports on its website within 48 | 9 | | hours of transmitting the reports to the Governor and the | 10 | | General Assembly. The reports must include: | 11 | | (A) the number of inmates awarded earned sentence | 12 | | credit; | 13 | | (B) the average amount of earned sentence credit | 14 | | awarded; | 15 | | (C) the holding offenses of inmates awarded earned | 16 | | sentence credit; and | 17 | | (D) the number of earned sentence credit revocations. | 18 | | (4)(A) Except as provided in paragraph (4.7) of this | 19 | | subsection (a), the rules and regulations shall also provide | 20 | | that the sentence
credit accumulated and retained under | 21 | | paragraph (2.1) of subsection (a) of
this Section by any inmate | 22 | | during specific periods of time in which such
inmate is engaged | 23 | | full-time in substance abuse programs, correctional
industry | 24 | | assignments, educational programs, behavior modification | 25 | | programs, life skills courses, or re-entry planning provided by | 26 | | the Department
under this paragraph (4) and satisfactorily |
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| 1 | | completes the assigned program as
determined by the standards | 2 | | of the Department, shall be multiplied by a factor
of 1.25 for | 3 | | program participation before August 11, 1993
and 1.50 for | 4 | | program participation on or after that date.
The rules and | 5 | | regulations shall also provide that sentence credit, subject to | 6 | | the same offense limits and multiplier provided in this | 7 | | paragraph, may be provided to an inmate who was held in | 8 | | pre-trial detention prior to his or her current commitment to | 9 | | the Department of Corrections and successfully completed a | 10 | | full-time, 60-day or longer substance abuse program, | 11 | | educational program, behavior modification program, life | 12 | | skills course, or re-entry planning provided by the county | 13 | | department of corrections or county jail. Calculation of this | 14 | | county program credit shall be done at sentencing as provided | 15 | | in Section 5-4.5-100 of this Code and shall be included in the | 16 | | sentencing order. However, no inmate shall be eligible for the | 17 | | additional sentence credit
under this paragraph (4) or (4.1) of | 18 | | this subsection (a) while assigned to a boot camp
or electronic | 19 | | detention.
| 20 | | (B) The Department shall award sentence credit under this | 21 | | paragraph (4) accumulated prior to the effective date of this | 22 | | amendatory Act of the 101st General Assembly in an amount | 23 | | specified in subparagraph (C) of this paragraph (4) to an | 24 | | inmate serving a sentence for an offense committed prior to | 25 | | June 19, 1998, if the Department determines that the inmate is | 26 | | entitled to this sentence credit, based upon: |
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| 1 | | (i) documentation provided by the Department that the | 2 | | inmate engaged in any full-time substance abuse programs, | 3 | | correctional industry assignments, educational programs, | 4 | | behavior modification programs, life skills courses, or | 5 | | re-entry planning provided by the Department under this | 6 | | paragraph (4) and satisfactorily completed the assigned | 7 | | program as determined by the standards of the Department | 8 | | during the inmate's current term of incarceration; or | 9 | | (ii) the inmate's own testimony in the form of an | 10 | | affidavit or documentation, or a third party's | 11 | | documentation or testimony in the form of an affidavit that | 12 | | the inmate likely engaged in any full-time substance abuse | 13 | | programs, correctional industry assignments, educational | 14 | | programs, behavior modification programs, life skills | 15 | | courses, or re-entry planning provided by the Department | 16 | | under paragraph (4) and satisfactorily completed the | 17 | | assigned program as determined by the standards of the | 18 | | Department during the inmate's current term of | 19 | | incarceration. | 20 | | (C) If the inmate can provide documentation that he or she | 21 | | is entitled to sentence credit under subparagraph (B) in excess | 22 | | of 45 days of participation in those programs, the inmate shall | 23 | | receive 90 days of sentence credit. If the inmate cannot | 24 | | provide documentation of more than 45 days of participation | 25 | | those programs, the inmate shall receive 45 days of sentence | 26 | | credit. In the event of a disagreement between the Department |
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| 1 | | and the inmate as to the amount of credit accumulated under | 2 | | subparagraph (B), if the Department provides documented proof | 3 | | of a lesser amount of days of participation in those programs, | 4 | | that proof shall control. If the Department provides no | 5 | | documentary proof, the inmate's proof as set forth in clause | 6 | | (ii) of subparagraph (B) shall control as to the amount of | 7 | | sentence credit provided. | 8 | | (D) If the inmate has been convicted of a sex offense as | 9 | | defined in Section 2 of the Sex Offender Registration Act, | 10 | | sentencing credits under subparagraph (B) of this paragraph (4) | 11 | | shall be awarded by the Department only if the conditions set | 12 | | forth in paragraph (4.6) of subsection (a) are satisfied. No | 13 | | inmate serving a term of natural life imprisonment shall | 14 | | receive sentence credit under subparagraph (B) of this | 15 | | paragraph (4). | 16 | | Educational, vocational, substance abuse, behavior | 17 | | modification programs, life skills courses, re-entry planning, | 18 | | and correctional
industry programs under which sentence credit | 19 | | may be increased under
this paragraph (4) and paragraph (4.1) | 20 | | of this subsection (a) shall be evaluated by the Department on | 21 | | the basis of
documented standards. The Department shall report | 22 | | the results of these
evaluations to the Governor and the | 23 | | General Assembly by September 30th of each
year. The reports | 24 | | shall include data relating to the recidivism rate among
| 25 | | program participants.
| 26 | | Availability of these programs shall be subject to the
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| 1 | | limits of fiscal resources appropriated by the General Assembly | 2 | | for these
purposes. Eligible inmates who are denied immediate | 3 | | admission shall be
placed on a waiting list under criteria | 4 | | established by the Department.
The inability of any inmate to | 5 | | become engaged in any such programs
by reason of insufficient | 6 | | program resources or for any other reason
established under the | 7 | | rules and regulations of the Department shall not be
deemed a | 8 | | cause of action under which the Department or any employee or
| 9 | | agent of the Department shall be liable for damages to the | 10 | | inmate.
| 11 | | (4.1) Except as provided in paragraph (4.7) of this | 12 | | subsection (a), the rules and regulations shall also provide | 13 | | that an additional 90 days of sentence credit shall be awarded | 14 | | to any prisoner who passes high school equivalency testing | 15 | | while the prisoner is committed to the Department of | 16 | | Corrections. The sentence credit awarded under this paragraph | 17 | | (4.1) shall be in addition to, and shall not affect, the award | 18 | | of sentence credit under any other paragraph of this Section, | 19 | | but shall also be pursuant to the guidelines and restrictions | 20 | | set forth in paragraph (4) of subsection (a) of this Section.
| 21 | | The sentence credit provided for in this paragraph shall be | 22 | | available only to those prisoners who have not previously | 23 | | earned a high school diploma or a high school equivalency | 24 | | certificate. If, after an award of the high school equivalency | 25 | | testing sentence credit has been made, the Department | 26 | | determines that the prisoner was not eligible, then the award |
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| 1 | | shall be revoked.
The Department may also award 90 days of | 2 | | sentence credit to any committed person who passed high school | 3 | | equivalency testing while he or she was held in pre-trial | 4 | | detention prior to the current commitment to the Department of | 5 | | Corrections. | 6 | | Except as provided in paragraph (4.7) of this subsection | 7 | | (a), the rules and regulations shall provide that an additional | 8 | | 180 days of sentence credit shall be awarded to any prisoner | 9 | | who obtains a bachelor's degree while the prisoner is committed | 10 | | to the Department of Corrections. The sentence credit awarded | 11 | | under this paragraph (4.1) shall be in addition to, and shall | 12 | | not affect, the award of sentence credit under any other | 13 | | paragraph of this Section, but shall also be under the | 14 | | guidelines and restrictions set forth in paragraph (4) of this | 15 | | subsection (a). The sentence credit provided for in this | 16 | | paragraph shall be available only to those prisoners who have | 17 | | not earned a bachelor's degree prior to the current commitment | 18 | | to the Department of Corrections. If, after an award of the | 19 | | bachelor's degree sentence credit has been made, the Department | 20 | | determines that the prisoner was not eligible, then the award | 21 | | shall be revoked. The Department may also award 180 days of | 22 | | sentence credit to any committed person who earned a bachelor's | 23 | | degree while he or she was held in pre-trial detention prior to | 24 | | the current commitment to the Department of Corrections. | 25 | | Except as provided in paragraph (4.7) of this subsection | 26 | | (a), the rules and regulations shall provide that an additional |
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| 1 | | 180 days of sentence credit shall be awarded to any prisoner | 2 | | who obtains a master's or professional degree while the | 3 | | prisoner is committed to the Department of Corrections. The | 4 | | sentence credit awarded under this paragraph (4.1) shall be in | 5 | | addition to, and shall not affect, the award of sentence credit | 6 | | under any other paragraph of this Section, but shall also be | 7 | | under the guidelines and restrictions set forth in paragraph | 8 | | (4) of this subsection (a). The sentence credit provided for in | 9 | | this paragraph shall be available only to those prisoners who | 10 | | have not previously earned a master's or professional degree | 11 | | prior to the current commitment to the Department of | 12 | | Corrections. If, after an award of the master's or professional | 13 | | degree sentence credit has been made, the Department determines | 14 | | that the prisoner was not eligible, then the award shall be | 15 | | revoked. The Department may also award 180 days of sentence | 16 | | credit to any committed person who earned a master's or | 17 | | professional degree while he or she was held in pre-trial | 18 | | detention prior to the current commitment to the Department of | 19 | | Corrections. | 20 | | (4.5) The rules and regulations on sentence credit shall | 21 | | also provide that
when the court's sentencing order recommends | 22 | | a prisoner for substance abuse treatment and the
crime was | 23 | | committed on or after September 1, 2003 (the effective date of
| 24 | | Public Act 93-354), the prisoner shall receive no sentence | 25 | | credit awarded under clause (3) of this subsection (a) unless | 26 | | he or she participates in and
completes a substance abuse |
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| 1 | | treatment program. The Director may waive the requirement to | 2 | | participate in or complete a substance abuse treatment program | 3 | | in specific instances if the prisoner is not a good candidate | 4 | | for a substance abuse treatment program for medical, | 5 | | programming, or operational reasons. Availability of
substance | 6 | | abuse treatment shall be subject to the limits of fiscal | 7 | | resources
appropriated by the General Assembly for these | 8 | | purposes. If treatment is not
available and the requirement to | 9 | | participate and complete the treatment has not been waived by | 10 | | the Director, the prisoner shall be placed on a waiting list | 11 | | under criteria
established by the Department. The Director may | 12 | | allow a prisoner placed on
a waiting list to participate in and | 13 | | complete a substance abuse education class or attend substance
| 14 | | abuse self-help meetings in lieu of a substance abuse treatment | 15 | | program. A prisoner on a waiting list who is not placed in a | 16 | | substance abuse program prior to release may be eligible for a | 17 | | waiver and receive sentence credit under clause (3) of this | 18 | | subsection (a) at the discretion of the Director.
| 19 | | (4.6) The rules and regulations on sentence credit shall | 20 | | also provide that a prisoner who has been convicted of a sex | 21 | | offense as defined in Section 2 of the Sex Offender | 22 | | Registration Act shall receive no sentence credit unless he or | 23 | | she either has successfully completed or is participating in | 24 | | sex offender treatment as defined by the Sex Offender | 25 | | Management Board. However, prisoners who are waiting to receive | 26 | | treatment, but who are unable to do so due solely to the lack |
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| 1 | | of resources on the part of the Department, may, at the | 2 | | Director's sole discretion, be awarded sentence credit at a | 3 | | rate as the Director shall determine. | 4 | | (4.7) On or after the effective date of this amendatory Act | 5 | | of the 100th General Assembly, sentence credit under paragraph | 6 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a | 7 | | prisoner who is serving a sentence for an offense described in | 8 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 9 | | on or after the effective date of this amendatory Act of the | 10 | | 100th General Assembly; provided, the award of the credits | 11 | | under this paragraph (4.7) shall not reduce the sentence of the | 12 | | prisoner to less than the following amounts: | 13 | | (i) 85% of his or her sentence if the prisoner is | 14 | | required to serve 85% of his or her sentence; or | 15 | | (ii) 60% of his or her sentence if the prisoner is | 16 | | required to serve 75% of his or her sentence, except if the | 17 | | prisoner is serving a sentence for gunrunning his or her | 18 | | sentence shall not be reduced to less than 75%. | 19 | | (iii) 100% of his or her sentence if the prisoner is | 20 | | required to serve 100% of his or her sentence. | 21 | | (5) Whenever the Department is to release any inmate | 22 | | earlier than it
otherwise would because of a grant of earned | 23 | | sentence credit under paragraph (3) of subsection (a) of this | 24 | | Section given at any time during the term, the Department shall | 25 | | give
reasonable notice of the impending release not less than | 26 | | 14 days prior to the date of the release to the State's
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| 1 | | Attorney of the county where the prosecution of the inmate took | 2 | | place, and if applicable, the State's Attorney of the county | 3 | | into which the inmate will be released. The Department must | 4 | | also make identification information and a recent photo of the | 5 | | inmate being released accessible on the Internet by means of a | 6 | | hyperlink labeled "Community Notification of Inmate Early | 7 | | Release" on the Department's World Wide Web homepage.
The | 8 | | identification information shall include the inmate's: name, | 9 | | any known alias, date of birth, physical characteristics, | 10 | | commitment offense and county where conviction was imposed. The | 11 | | identification information shall be placed on the website | 12 | | within 3 days of the inmate's release and the information may | 13 | | not be removed until either: completion of the first year of | 14 | | mandatory supervised release or return of the inmate to custody | 15 | | of the Department.
| 16 | | (b) Whenever a person is or has been committed under
| 17 | | several convictions, with separate sentences, the sentences
| 18 | | shall be construed under Section 5-8-4 in granting and
| 19 | | forfeiting of sentence credit.
| 20 | | (c) The Department shall prescribe rules and regulations
| 21 | | for revoking sentence credit, including revoking sentence | 22 | | credit awarded under paragraph (3) of subsection (a) of this | 23 | | Section. The Department shall prescribe rules and regulations | 24 | | for suspending or reducing
the rate of accumulation of sentence | 25 | | credit for specific
rule violations, during imprisonment. | 26 | | These rules and regulations
shall provide that no inmate may be |
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| 1 | | penalized more than one
year of sentence credit for any one | 2 | | infraction.
| 3 | | When the Department seeks to revoke, suspend or reduce
the | 4 | | rate of accumulation of any sentence credits for
an alleged | 5 | | infraction of its rules, it shall bring charges
therefor | 6 | | against the prisoner sought to be so deprived of
sentence | 7 | | credits before the Prisoner Review Board as
provided in | 8 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 9 | | amount of credit at issue exceeds 30 days or
when during any 12 | 10 | | month period, the cumulative amount of
credit revoked exceeds | 11 | | 30 days except where the infraction is committed
or discovered | 12 | | within 60 days of scheduled release. In those cases,
the | 13 | | Department of Corrections may revoke up to 30 days of sentence | 14 | | credit.
The Board may subsequently approve the revocation of | 15 | | additional sentence credit, if the Department seeks to revoke | 16 | | sentence credit in
excess of 30 days. However, the Board shall | 17 | | not be empowered to review the
Department's decision with | 18 | | respect to the loss of 30 days of sentence
credit within any | 19 | | calendar year for any prisoner or to increase any penalty
| 20 | | beyond the length requested by the Department.
| 21 | | The Director of the Department of Corrections, in | 22 | | appropriate cases, may
restore up to 30 days of sentence | 23 | | credits which have been revoked, suspended
or reduced. Any | 24 | | restoration of sentence credits in excess of 30 days shall
be | 25 | | subject to review by the Prisoner Review Board. However, the | 26 | | Board may not
restore sentence credit in excess of the amount |
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| 1 | | requested by the Director.
| 2 | | Nothing contained in this Section shall prohibit the | 3 | | Prisoner Review Board
from ordering, pursuant to Section | 4 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 5 | | sentence imposed by the court that was not served due to the
| 6 | | accumulation of sentence credit.
| 7 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 8 | | federal court
against the State, the Department of Corrections, | 9 | | or the Prisoner Review Board,
or against any of
their officers | 10 | | or employees, and the court makes a specific finding that a
| 11 | | pleading, motion, or other paper filed by the prisoner is | 12 | | frivolous, the
Department of Corrections shall conduct a | 13 | | hearing to revoke up to
180 days of sentence credit by bringing | 14 | | charges against the prisoner
sought to be deprived of the | 15 | | sentence credits before the Prisoner Review
Board as provided | 16 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 17 | | prisoner has not accumulated 180 days of sentence credit at the
| 18 | | time of the finding, then the Prisoner Review Board may revoke | 19 | | all
sentence credit accumulated by the prisoner.
| 20 | | For purposes of this subsection (d):
| 21 | | (1) "Frivolous" means that a pleading, motion, or other | 22 | | filing which
purports to be a legal document filed by a | 23 | | prisoner in his or her lawsuit meets
any or all of the | 24 | | following criteria:
| 25 | | (A) it lacks an arguable basis either in law or in | 26 | | fact;
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| 1 | | (B) it is being presented for any improper purpose, | 2 | | such as to harass or
to cause unnecessary delay or | 3 | | needless increase in the cost of litigation;
| 4 | | (C) the claims, defenses, and other legal | 5 | | contentions therein are not
warranted by existing law | 6 | | or by a nonfrivolous argument for the extension,
| 7 | | modification, or reversal of existing law or the | 8 | | establishment of new law;
| 9 | | (D) the allegations and other factual contentions | 10 | | do not have
evidentiary
support or, if specifically so | 11 | | identified, are not likely to have evidentiary
support | 12 | | after a reasonable opportunity for further | 13 | | investigation or discovery;
or
| 14 | | (E) the denials of factual contentions are not | 15 | | warranted on the
evidence, or if specifically so | 16 | | identified, are not reasonably based on a lack
of | 17 | | information or belief.
| 18 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 19 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 20 | | action under
Article X of the Code of Civil Procedure or | 21 | | under federal law (28 U.S.C. 2254),
a petition for claim | 22 | | under the Court of Claims Act, an action under the
federal | 23 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 24 | | subsequent petition for post-conviction relief under | 25 | | Article 122 of the Code of Criminal Procedure of 1963 | 26 | | whether filed with or without leave of court or a second or |
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| 1 | | subsequent petition for relief from judgment under Section | 2 | | 2-1401 of the Code of Civil Procedure.
| 3 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 4 | | validity of Public Act 89-404.
| 5 | | (f) Whenever the Department is to release any inmate who | 6 | | has been convicted of a violation of an order of protection | 7 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 8 | | the Criminal Code of 2012, earlier than it
otherwise would | 9 | | because of a grant of sentence credit, the Department, as a | 10 | | condition of release, shall require that the person, upon | 11 | | release, be placed under electronic surveillance as provided in | 12 | | Section 5-8A-7 of this Code. | 13 | | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | 14 | | 101-440, eff. 1-1-20 .)
| 15 | | (730 ILCS 5/5-5-3)
| 16 | | Sec. 5-5-3. Disposition.
| 17 | | (a) (Blank).
| 18 | | (b) (Blank).
| 19 | | (c) (1) (Blank).
| 20 | | (2) A period of probation, a term of periodic imprisonment | 21 | | or
conditional discharge shall not be imposed for the following | 22 | | offenses.
The court shall sentence the offender to not less | 23 | | than the minimum term
of imprisonment set forth in this Code | 24 | | for the following offenses, and
may order a fine or restitution | 25 | | or both in conjunction with such term of
imprisonment:
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| 1 | | (A) First degree murder where the death penalty is not | 2 | | imposed.
| 3 | | (B) Attempted first degree murder.
| 4 | | (C) A Class X felony.
| 5 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 6 | | Controlled Substances Act, or a violation of subdivision | 7 | | (c)(1.5) of
Section 401 of that Act which relates to more | 8 | | than 5 grams of a substance
containing fentanyl or an | 9 | | analog thereof.
| 10 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 11 | | of the Illinois Controlled Substances Act which relates to | 12 | | 3 or more grams of a substance
containing heroin or an | 13 | | analog thereof. | 14 | | (E) (Blank).
| 15 | | (F) A Class 1 or greater felony if the offender had | 16 | | been convicted
of a Class 1 or greater felony, including | 17 | | any state or federal conviction for an offense that | 18 | | contained, at the time it was committed, the same elements | 19 | | as an offense now (the date of the offense committed after | 20 | | the prior Class 1 or greater felony) classified as a Class | 21 | | 1 or greater felony, within 10 years of the date on which | 22 | | the
offender
committed the offense for which he or she is | 23 | | being sentenced, except as
otherwise provided in Section | 24 | | 40-10 of the Substance Use Disorder Act.
| 25 | | (F-3) A Class 2 or greater felony sex offense or felony | 26 | | firearm offense if the offender had been convicted of a |
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| 1 | | Class 2 or greater felony, including any state or federal | 2 | | conviction for an offense that contained, at the time it | 3 | | was committed, the same elements as an offense now (the | 4 | | date of the offense committed after the prior Class 2 or | 5 | | greater felony) classified as a Class 2 or greater felony, | 6 | | within 10 years of the date on which the offender committed | 7 | | the offense for which he or she is being sentenced, except | 8 | | as otherwise provided in Section 40-10 of the Substance Use | 9 | | Disorder Act. | 10 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 , | 11 | | or 24-1.8 of the Criminal Code of 1961 or the Criminal Code | 12 | | of 2012 for which imprisonment is prescribed in those | 13 | | Sections. | 14 | | (G) Residential burglary, except as otherwise provided | 15 | | in Section 40-10
of the Substance Use Disorder Act.
| 16 | | (H) Criminal sexual assault.
| 17 | | (I) Aggravated battery of a senior citizen as described | 18 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 19 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 20 | | (J) A forcible felony if the offense was related to the | 21 | | activities of an
organized gang.
| 22 | | Before July 1, 1994, for the purposes of this | 23 | | paragraph, "organized
gang" means an association of 5 or | 24 | | more persons, with an established hierarchy,
that | 25 | | encourages members of the association to perpetrate crimes | 26 | | or provides
support to the members of the association who |
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| 1 | | do commit crimes.
| 2 | | Beginning July 1, 1994, for the purposes of this | 3 | | paragraph,
"organized gang" has the meaning ascribed to it | 4 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 5 | | Prevention Act.
| 6 | | (K) Vehicular hijacking.
| 7 | | (L) A second or subsequent conviction for the offense | 8 | | of hate crime
when the underlying offense upon which the | 9 | | hate crime is based is felony
aggravated
assault or felony | 10 | | mob action.
| 11 | | (M) A second or subsequent conviction for the offense | 12 | | of institutional
vandalism if the damage to the property | 13 | | exceeds $300.
| 14 | | (N) A Class 3 felony violation of paragraph (1) of | 15 | | subsection (a) of
Section 2 of the Firearm Owners | 16 | | Identification Card Act.
| 17 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 19 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 20 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 21 | | Code of 1961 or the Criminal Code of 2012.
| 22 | | (Q) A violation of subsection (b) or (b-5) of Section | 23 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 24 | | Code of
1961 or the Criminal Code of 2012.
| 25 | | (R) A violation of Section 24-3A of the Criminal Code | 26 | | of
1961 or the Criminal Code of 2012.
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| 1 | | (S) (Blank).
| 2 | | (T) (Blank).
| 3 | | (U) A second or subsequent violation of Section 6-303 | 4 | | of the Illinois Vehicle Code committed while his or her | 5 | | driver's license, permit, or privilege was revoked because | 6 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 7 | | or the Criminal Code of 2012, relating to the offense of | 8 | | reckless homicide, or a similar provision of a law of | 9 | | another state.
| 10 | | (V)
A violation of paragraph (4) of subsection (c) of | 11 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 12 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 13 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 14 | | Code of 2012 when the victim is under 13 years of age and | 15 | | the defendant has previously been convicted under the laws | 16 | | of this State or any other state of the offense of child | 17 | | pornography, aggravated child pornography, aggravated | 18 | | criminal sexual abuse, aggravated criminal sexual assault, | 19 | | predatory criminal sexual assault of a child, or any of the | 20 | | offenses formerly known as rape, deviate sexual assault, | 21 | | indecent liberties with a child, or aggravated indecent | 22 | | liberties with a child where the victim was under the age | 23 | | of 18 years or an offense that is substantially equivalent | 24 | | to those offenses. | 25 | | (W) A violation of Section 24-3.5 of the Criminal Code | 26 | | of 1961 or the Criminal Code of 2012.
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| 1 | | (X) A violation of subsection (a) of Section 31-1a of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 3 | | (Y) A conviction for unlawful possession of a firearm | 4 | | by a street gang member when the firearm was loaded or | 5 | | contained firearm ammunition. | 6 | | (Z) A Class 1 felony committed while he or she was | 7 | | serving a term of probation or conditional discharge for a | 8 | | felony. | 9 | | (AA) Theft of property exceeding $500,000 and not | 10 | | exceeding $1,000,000 in value. | 11 | | (BB) Laundering of criminally derived property of a | 12 | | value exceeding
$500,000. | 13 | | (CC) Knowingly selling, offering for sale, holding for | 14 | | sale, or using 2,000 or more counterfeit items or | 15 | | counterfeit items having a retail value in the aggregate of | 16 | | $500,000 or more. | 17 | | (DD) A conviction for aggravated assault under | 18 | | paragraph (6) of subsection (c) of Section 12-2 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 20 | | firearm is aimed toward the person against whom the firearm | 21 | | is being used. | 22 | | (EE) A conviction for a violation of paragraph (2) of | 23 | | subsection (a) of Section 24-3B of the Criminal Code of | 24 | | 2012. | 25 | | (3) (Blank).
| 26 | | (4) A minimum term of imprisonment of not less than 10
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| 1 | | consecutive days or 30 days of community service shall be | 2 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 3 | | the Illinois Vehicle Code.
| 4 | | (4.1) (Blank).
| 5 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 6 | | this subsection (c), a
minimum of
100 hours of community | 7 | | service shall be imposed for a second violation of
Section | 8 | | 6-303
of the Illinois Vehicle Code.
| 9 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 10 | | hours of community
service, as determined by the court, shall
| 11 | | be imposed for a second violation of subsection (c) of Section | 12 | | 6-303 of the
Illinois Vehicle Code.
| 13 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 14 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 15 | | 30 days or 300 hours of community service, as
determined by the | 16 | | court, shall
be imposed
for a third or subsequent violation of | 17 | | Section 6-303 of the Illinois Vehicle
Code. The court may give | 18 | | credit toward the fulfillment of community service hours for | 19 | | participation in activities and treatment as determined by | 20 | | court services.
| 21 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 22 | | imposed for a third violation of subsection (c) of
Section | 23 | | 6-303 of the Illinois Vehicle Code.
| 24 | | (4.6) Except as provided in paragraph (4.10) of this | 25 | | subsection (c), a minimum term of imprisonment of 180 days | 26 | | shall be imposed for a
fourth or subsequent violation of |
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| 1 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| 2 | | (4.7) A minimum term of imprisonment of not less than 30 | 3 | | consecutive days, or 300 hours of community service, shall be | 4 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 5 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 6 | | that Section.
| 7 | | (4.8) A mandatory prison sentence shall be imposed for a | 8 | | second violation of subsection (a-5) of Section 6-303 of the | 9 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 10 | | Section. The person's driving privileges shall be revoked for a | 11 | | period of not less than 5 years from the date of his or her | 12 | | release from prison.
| 13 | | (4.9) A mandatory prison sentence of not less than 4 and | 14 | | not more than 15 years shall be imposed for a third violation | 15 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 16 | | Code, as provided in subsection (d-2.5) of that Section. The | 17 | | person's driving privileges shall be revoked for the remainder | 18 | | of his or her life.
| 19 | | (4.10) A mandatory prison sentence for a Class 1 felony | 20 | | shall be imposed, and the person shall be eligible for an | 21 | | extended term sentence, for a fourth or subsequent violation of | 22 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 23 | | as provided in subsection (d-3.5) of that Section. The person's | 24 | | driving privileges shall be revoked for the remainder of his or | 25 | | her life.
| 26 | | (5) The court may sentence a corporation or unincorporated
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| 1 | | 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 5-5-6 | 5 | | of this Code.
| 6 | | (5.1) In addition to any other penalties imposed, and | 7 | | except as provided in paragraph (5.2) or (5.3), a person
| 8 | | convicted of violating subsection (c) of Section 11-907 of the | 9 | | Illinois
Vehicle Code shall have his or her driver's license, | 10 | | permit, or privileges
suspended for at least 90 days but not | 11 | | more than one year, if the violation
resulted in damage to the | 12 | | property of another person.
| 13 | | (5.2) In addition to any other penalties imposed, and | 14 | | except as provided in paragraph (5.3), a person convicted
of | 15 | | violating subsection (c) of Section 11-907 of the Illinois | 16 | | Vehicle Code
shall have his or her driver's license, permit, or | 17 | | privileges suspended for at
least 180 days but not more than 2 | 18 | | years, if the violation resulted in injury
to
another person.
| 19 | | (5.3) In addition to any other penalties imposed, a person | 20 | | convicted of violating subsection (c) of Section
11-907 of the | 21 | | Illinois Vehicle Code shall have his or her driver's license,
| 22 | | permit, or privileges suspended for 2 years, if the violation | 23 | | resulted in the
death of another person.
| 24 | | (5.4) In addition to any other penalties imposed, a person | 25 | | convicted of violating Section 3-707 of the Illinois Vehicle | 26 | | Code shall have his or her driver's license, permit, or |
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| 1 | | privileges suspended for 3 months and until he or she has paid | 2 | | a reinstatement fee of $100. | 3 | | (5.5) In addition to any other penalties imposed, a person | 4 | | convicted of violating Section 3-707 of the Illinois Vehicle | 5 | | Code during a period in which his or her driver's license, | 6 | | permit, or privileges were suspended for a previous violation | 7 | | of that Section shall have his or her driver's license, permit, | 8 | | or privileges suspended for an additional 6 months after the | 9 | | expiration of the original 3-month suspension and until he or | 10 | | she has paid a reinstatement fee of $100.
| 11 | | (6) (Blank).
| 12 | | (7) (Blank).
| 13 | | (8) (Blank).
| 14 | | (9) A defendant convicted of a second or subsequent offense | 15 | | of ritualized
abuse of a child may be sentenced to a term of | 16 | | natural life imprisonment.
| 17 | | (10) (Blank).
| 18 | | (11) The court shall impose a minimum fine of $1,000 for a | 19 | | first offense
and $2,000 for a second or subsequent offense | 20 | | upon a person convicted of or
placed on supervision for battery | 21 | | when the individual harmed was a sports
official or coach at | 22 | | any level of competition and the act causing harm to the
sports
| 23 | | official or coach occurred within an athletic facility or | 24 | | within the immediate vicinity
of the athletic facility at which | 25 | | the sports official or coach was an active
participant
of the | 26 | | athletic contest held at the athletic facility. For the |
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| 1 | | purposes of
this paragraph (11), "sports official" means a | 2 | | person at an athletic contest
who enforces the rules of the | 3 | | contest, such as an umpire or referee; "athletic facility" | 4 | | means an indoor or outdoor playing field or recreational area | 5 | | where sports activities are conducted;
and "coach" means a | 6 | | person recognized as a coach by the sanctioning
authority that | 7 | | conducted the sporting event. | 8 | | (12) A person may not receive a disposition of court | 9 | | supervision for a
violation of Section 5-16 of the Boat | 10 | | Registration and Safety Act if that
person has previously | 11 | | received a disposition of court supervision for a
violation of | 12 | | that Section.
| 13 | | (13) A person convicted of or placed on court supervision | 14 | | for an assault or aggravated assault when the victim and the | 15 | | offender are family or household members as defined in Section | 16 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 17 | | of domestic battery or aggravated domestic battery may be | 18 | | required to attend a Partner Abuse Intervention Program under | 19 | | protocols set forth by the Illinois Department of Human | 20 | | Services under such terms and conditions imposed by the court. | 21 | | The costs of such classes shall be paid by the offender.
| 22 | | (d) In any case in which a sentence originally imposed is | 23 | | vacated,
the case shall be remanded to the trial court. The | 24 | | trial court shall
hold a hearing under Section 5-4-1 of this | 25 | | Code
which may include evidence of the defendant's life, moral | 26 | | character and
occupation during the time since the original |
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| 1 | | sentence was passed. The
trial court shall then impose sentence | 2 | | upon the defendant. The trial
court may impose any sentence | 3 | | which could have been imposed at the
original trial subject to | 4 | | Section 5-5-4 of this Code.
If a sentence is vacated on appeal | 5 | | or on collateral attack due to the
failure of the trier of fact | 6 | | at trial to determine beyond a reasonable doubt
the
existence | 7 | | of a fact (other than a prior conviction) necessary to increase | 8 | | the
punishment for the offense beyond the statutory maximum | 9 | | otherwise applicable,
either the defendant may be re-sentenced | 10 | | to a term within the range otherwise
provided or, if the State | 11 | | files notice of its intention to again seek the
extended | 12 | | sentence, the defendant shall be afforded a new trial.
| 13 | | (e) In cases where prosecution for
aggravated criminal | 14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 15 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 16 | | of a defendant
who was a family member of the victim at the | 17 | | time of the commission of the
offense, the court shall consider | 18 | | the safety and welfare of the victim and
may impose a sentence | 19 | | of probation only where:
| 20 | | (1) the court finds (A) or (B) or both are appropriate:
| 21 | | (A) the defendant is willing to undergo a court | 22 | | approved counseling
program for a minimum duration of 2 | 23 | | years; or
| 24 | | (B) the defendant is willing to participate in a | 25 | | court approved plan
including but not limited to the | 26 | | defendant's:
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| 1 | | (i) removal from the household;
| 2 | | (ii) restricted contact with the victim;
| 3 | | (iii) continued financial support of the | 4 | | family;
| 5 | | (iv) restitution for harm done to the victim; | 6 | | and
| 7 | | (v) compliance with any other measures that | 8 | | the court may
deem appropriate; and
| 9 | | (2) the court orders the defendant to pay for the | 10 | | victim's counseling
services, to the extent that the court | 11 | | finds, after considering the
defendant's income and | 12 | | assets, that the defendant is financially capable of
paying | 13 | | for such services, if the victim was under 18 years of age | 14 | | at the
time the offense was committed and requires | 15 | | counseling as a result of the
offense.
| 16 | | Probation may be revoked or modified pursuant to Section | 17 | | 5-6-4; except
where the court determines at the hearing that | 18 | | the defendant violated a
condition of his or her probation | 19 | | restricting contact with the victim or
other family members or | 20 | | commits another offense with the victim or other
family | 21 | | members, the court shall revoke the defendant's probation and
| 22 | | impose a term of imprisonment.
| 23 | | For the purposes of this Section, "family member" and | 24 | | "victim" shall have
the meanings ascribed to them in Section | 25 | | 11-0.1 of the Criminal Code of
2012.
| 26 | | (f) (Blank).
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| 1 | | (g) Whenever a defendant is convicted of an offense under | 2 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 3 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 4 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 5 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 6 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012,
the defendant shall undergo medical | 8 | | testing to
determine whether the defendant has any sexually | 9 | | transmissible disease,
including a test for infection with | 10 | | human immunodeficiency virus (HIV) or
any other identified | 11 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 12 | | Any such medical test shall be performed only by appropriately
| 13 | | licensed medical practitioners and may include an analysis of | 14 | | any bodily
fluids as well as an examination of the defendant's | 15 | | person.
Except as otherwise provided by law, the results of | 16 | | such test shall be kept
strictly confidential by all medical | 17 | | personnel involved in the testing and must
be personally | 18 | | delivered in a sealed envelope to the judge of the court in | 19 | | which
the conviction was entered for the judge's inspection in | 20 | | camera. Acting in
accordance with the best interests of the | 21 | | victim and the public, the judge
shall have the discretion to | 22 | | determine to whom, if anyone, the results of the
testing may be | 23 | | revealed. The court shall notify the defendant
of the test | 24 | | results. The court shall
also notify the victim if requested by | 25 | | the victim, and if the victim is under
the age of 15 and if | 26 | | requested by the victim's parents or legal guardian, the
court |
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| 1 | | shall notify the victim's parents or legal guardian of the test
| 2 | | results.
The court shall provide information on the | 3 | | availability of HIV testing
and counseling at Department of | 4 | | Public Health facilities to all parties to
whom the results of | 5 | | the testing are revealed and shall direct the State's
Attorney | 6 | | to provide the information to the victim when possible.
A | 7 | | State's Attorney may petition the court to obtain the results | 8 | | of any HIV test
administered under this Section, and the court | 9 | | shall grant the disclosure if
the State's Attorney shows it is | 10 | | relevant in order to prosecute a charge of
criminal | 11 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 13 | | defendant. The court shall order that the cost of any such test
| 14 | | shall be paid by the county and may be taxed as costs against | 15 | | the convicted
defendant.
| 16 | | (g-5) When an inmate is tested for an airborne communicable | 17 | | disease, as
determined by the Illinois Department of Public | 18 | | Health including but not
limited to tuberculosis, the results | 19 | | of the test shall be
personally delivered by the warden or his | 20 | | or her designee in a sealed envelope
to the judge of the court | 21 | | in which the inmate must appear for the judge's
inspection in | 22 | | camera if requested by the judge. Acting in accordance with the
| 23 | | best interests of those in the courtroom, the judge shall have | 24 | | the discretion
to determine what if any precautions need to be | 25 | | taken to prevent transmission
of the disease in the courtroom.
| 26 | | (h) Whenever a defendant is convicted of an offense under |
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| 1 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 2 | | defendant shall undergo
medical testing to determine whether | 3 | | the defendant has been exposed to human
immunodeficiency virus | 4 | | (HIV) or any other identified causative agent of
acquired | 5 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 6 | | by
law, the results of such test shall be kept strictly | 7 | | confidential by all
medical personnel involved in the testing | 8 | | and must be personally delivered in a
sealed envelope to the | 9 | | judge of the court in which the conviction was entered
for the | 10 | | judge's inspection in camera. Acting in accordance with the | 11 | | best
interests of the public, the judge shall have the | 12 | | discretion to determine to
whom, if anyone, the results of the | 13 | | testing may be revealed. The court shall
notify the defendant | 14 | | of a positive test showing an infection with the human
| 15 | | immunodeficiency virus (HIV). The court shall provide | 16 | | information on the
availability of HIV testing and counseling | 17 | | at Department of Public Health
facilities to all parties to | 18 | | whom the results of the testing are revealed and
shall direct | 19 | | the State's Attorney to provide the information to the victim | 20 | | when
possible. A State's Attorney may petition the court to | 21 | | obtain the results of
any HIV test administered under this | 22 | | Section, and the court shall grant the
disclosure if the | 23 | | State's Attorney shows it is relevant in order to prosecute a
| 24 | | charge of criminal transmission of HIV under Section 12-5.01 or | 25 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 26 | | 2012 against the defendant. The court shall order that the cost |
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| 1 | | of any
such test shall be paid by the county and may be taxed as | 2 | | costs against the
convicted defendant.
| 3 | | (i) All fines and penalties imposed under this Section for | 4 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 5 | | Vehicle Code, or a similar
provision of a local ordinance, and | 6 | | any violation
of the Child Passenger Protection Act, or a | 7 | | similar provision of a local
ordinance, shall be collected and | 8 | | disbursed by the circuit
clerk as provided under the Criminal | 9 | | and Traffic Assessment Act.
| 10 | | (j) In cases when prosecution for any violation of Section | 11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 12 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 14 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 15 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, any violation of the Illinois Controlled | 17 | | Substances Act,
any violation of the Cannabis Control Act, or | 18 | | any violation of the Methamphetamine Control and Community | 19 | | Protection Act results in conviction, a
disposition of court | 20 | | supervision, or an order of probation granted under
Section 10 | 21 | | of the Cannabis Control Act, Section 410 of the Illinois
| 22 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 23 | | Control and Community Protection Act of a defendant, the court | 24 | | shall determine whether the
defendant is employed by a facility | 25 | | or center as defined under the Child Care
Act of 1969, a public | 26 | | or private elementary or secondary school, or otherwise
works |
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| 1 | | with children under 18 years of age on a daily basis. When a | 2 | | defendant
is so employed, the court shall order the Clerk of | 3 | | the Court to send a copy of
the judgment of conviction or order | 4 | | of supervision or probation to the
defendant's employer by | 5 | | certified mail.
If the employer of the defendant is a school, | 6 | | the Clerk of the Court shall
direct the mailing of a copy of | 7 | | the judgment of conviction or order of
supervision or probation | 8 | | to the appropriate regional superintendent of schools.
The | 9 | | regional superintendent of schools shall notify the State Board | 10 | | of
Education of any notification under this subsection.
| 11 | | (j-5) A defendant at least 17 years of age who is convicted | 12 | | of a felony and
who has not been previously convicted of a | 13 | | misdemeanor or felony and who is
sentenced to a term of | 14 | | imprisonment in the Illinois Department of Corrections
shall as | 15 | | a condition of his or her sentence be required by the court to | 16 | | attend
educational courses designed to prepare the defendant | 17 | | for a high school diploma
and to work toward a high school | 18 | | diploma or to work toward passing high school equivalency | 19 | | testing or to work toward
completing a vocational training | 20 | | program offered by the Department of
Corrections. If a | 21 | | defendant fails to complete the educational training
required | 22 | | by his or her sentence during the term of incarceration, the | 23 | | Prisoner
Review Board shall, as a condition of mandatory | 24 | | supervised release, require the
defendant, at his or her own | 25 | | expense, to pursue a course of study toward a high
school | 26 | | diploma or passage of high school equivalency testing. The |
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| 1 | | Prisoner Review Board shall
revoke the mandatory supervised | 2 | | release of a defendant who wilfully fails to
comply with this | 3 | | subsection (j-5) upon his or her release from confinement in a
| 4 | | penal institution while serving a mandatory supervised release | 5 | | term; however,
the inability of the defendant after making a | 6 | | good faith effort to obtain
financial aid or pay for the | 7 | | educational training shall not be deemed a wilful
failure to | 8 | | comply. The Prisoner Review Board shall recommit the defendant
| 9 | | whose mandatory supervised release term has been revoked under | 10 | | this subsection
(j-5) as provided in Section 3-3-9. This | 11 | | subsection (j-5) does not apply to a
defendant who has a high | 12 | | school diploma or has successfully passed high school | 13 | | equivalency testing. This subsection (j-5) does not apply to a | 14 | | defendant who is determined by
the court to be a person with a | 15 | | developmental disability or otherwise mentally incapable of
| 16 | | completing the educational or vocational program.
| 17 | | (k) (Blank).
| 18 | | (l) (A) Except as provided
in paragraph (C) of subsection | 19 | | (l), whenever a defendant,
who is an alien as defined by the | 20 | | Immigration and Nationality Act, is convicted
of any felony or | 21 | | misdemeanor offense, the court after sentencing the defendant
| 22 | | may, upon motion of the State's Attorney, hold sentence in | 23 | | abeyance and remand
the defendant to the custody of the | 24 | | Attorney General of
the United States or his or her designated | 25 | | agent to be deported when:
| 26 | | (1) a final order of deportation has been issued |
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| 1 | | against the defendant
pursuant to proceedings under the | 2 | | Immigration and Nationality Act, and
| 3 | | (2) the deportation of the defendant would not | 4 | | deprecate the seriousness
of the defendant's conduct and | 5 | | would not be inconsistent with the ends of
justice.
| 6 | | Otherwise, the defendant shall be sentenced as provided in | 7 | | this Chapter V.
| 8 | | (B) If the defendant has already been sentenced for a | 9 | | felony or
misdemeanor
offense, or has been placed on probation | 10 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 11 | | the Illinois Controlled Substances Act, or Section 70 of the | 12 | | Methamphetamine Control and Community Protection Act, the | 13 | | court
may, upon motion of the State's Attorney to suspend the
| 14 | | sentence imposed, commit the defendant to the custody of the | 15 | | Attorney General
of the United States or his or her designated | 16 | | agent when:
| 17 | | (1) a final order of deportation has been issued | 18 | | against the defendant
pursuant to proceedings under the | 19 | | Immigration and Nationality Act, and
| 20 | | (2) the deportation of the defendant would not | 21 | | deprecate the seriousness
of the defendant's conduct and | 22 | | would not be inconsistent with the ends of
justice.
| 23 | | (C) This subsection (l) does not apply to offenders who are | 24 | | subject to the
provisions of paragraph (2) of subsection (a) of | 25 | | Section 3-6-3.
| 26 | | (D) Upon motion of the State's Attorney, if a defendant |
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| 1 | | sentenced under
this Section returns to the jurisdiction of the | 2 | | United States, the defendant
shall be recommitted to the | 3 | | custody of the county from which he or she was
sentenced.
| 4 | | Thereafter, the defendant shall be brought before the | 5 | | sentencing court, which
may impose any sentence that was | 6 | | available under Section 5-5-3 at the time of
initial | 7 | | sentencing. In addition, the defendant shall not be eligible | 8 | | for
additional earned sentence credit as provided under
Section | 9 | | 3-6-3.
| 10 | | (m) A person convicted of criminal defacement of property | 11 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, in which the property damage exceeds | 13 | | $300
and the property damaged is a school building, shall be | 14 | | ordered to perform
community service that may include cleanup, | 15 | | removal, or painting over the
defacement.
| 16 | | (n) The court may sentence a person convicted of a | 17 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 18 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 20 | | incarceration program if the person is otherwise eligible for | 21 | | that program
under Section 5-8-1.1, (ii) to community service, | 22 | | or (iii) if the person has a substance use disorder, as defined
| 23 | | in the Substance Use Disorder Act, to a treatment program
| 24 | | 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 |
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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. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | 5 | | 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
| 6 | | (730 ILCS 5/5-8-1.2)
| 7 | | Sec. 5-8-1.2. County impact incarceration.
| 8 | | (a) Legislative intent. It is the finding of the General | 9 | | Assembly that
certain non-violent offenders eligible for | 10 | | sentences of incarceration may
benefit from the rehabilitative | 11 | | aspects of a county impact incarceration
program. It is the | 12 | | intent of the General Assembly that such programs be
| 13 | | implemented as provided by this Section. This Section shall not | 14 | | be construed
to allow violent offenders to participate in a | 15 | | county impact incarceration
program.
| 16 | | (b) Under the direction of the Sheriff and with the | 17 | | approval of the County
Board of Commissioners, the Sheriff, in | 18 | | any county with more than 3,000,000
inhabitants, may establish | 19 | | and operate a county impact incarceration program
for eligible | 20 | | offenders. If the court finds under Section 5-4-1 that an
| 21 | | offender convicted of a felony meets the eligibility | 22 | | requirements of the
Sheriff's county impact incarceration | 23 | | program, the court may sentence the
offender to the county | 24 | | impact incarceration program. The Sheriff shall be
responsible | 25 | | for monitoring all offenders who are sentenced to the county |
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| 1 | | impact
incarceration program, including the mandatory period | 2 | | of monitored release
following the 120 to 180 days of impact | 3 | | incarceration.
Offenders assigned to the county impact | 4 | | incarceration program under an
intergovernmental agreement | 5 | | between the county and the Illinois Department of
Corrections | 6 | | are exempt from the provisions of this mandatory period of
| 7 | | monitored
release.
In the event the
offender is not accepted | 8 | | for placement in the county impact incarceration
program, the | 9 | | court shall proceed to sentence the offender to any other
| 10 | | disposition authorized by this Code.
If the offender does not | 11 | | successfully
complete the program, the offender's failure to do | 12 | | so shall constitute a
violation of the sentence to the county | 13 | | impact incarceration program.
| 14 | | (c) In order to be eligible to be sentenced to a county | 15 | | impact incarceration
program by the court, the person shall | 16 | | meet all of the following requirements:
| 17 | | (1) The person must be not less than 17 years of age | 18 | | nor more than 35
years of age.
| 19 | | (2) The person has not previously participated in the | 20 | | impact incarceration
program and has not previously served | 21 | | more than one prior sentence of
imprisonment for a felony | 22 | | in an adult correctional facility.
| 23 | | (3) The person has not been convicted of a Class X | 24 | | felony, first or second
degree murder, armed violence, | 25 | | aggravated kidnapping, criminal sexual assault,
aggravated | 26 | | criminal sexual abuse or a subsequent conviction for |
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| 1 | | criminal sexual
abuse, forcible detention, or arson , | 2 | | unlawful use or possession of weapons by felons or
persons | 3 | | in the custody of the
Department of Corrections facilities, | 4 | | aggravated unlawful use of a weapon by a person who has | 5 | | been previously
convicted of a felony in this State or | 6 | | another jurisdiction, or unlawful possession of a firearm | 7 | | by a street gang member and has not been convicted | 8 | | previously of
any of those offenses.
| 9 | | (4) The person has been found in violation of probation | 10 | | for an offense
that is a Class 2, 3, or 4 felony that is not | 11 | | a forcible felony as defined in
Section 2-8 of the Criminal | 12 | | Code of 2012 or a violent crime as defined in
subsection | 13 | | (c) of Section 3 of the Rights of Crime Victims and | 14 | | Witnesses Act
who
otherwise could be sentenced to a term of | 15 | | incarceration; or the person is
convicted of an offense | 16 | | that is a Class 2, 3, or 4 felony that is not a
forcible | 17 | | felony as defined in Section 2-8 of the Criminal Code of | 18 | | 2012 or a
violent crime as defined in subsection (c) of | 19 | | Section 3 of the Rights of Crime
Victims and Witnesses Act | 20 | | who has previously served a sentence of probation for
any | 21 | | felony offense and who otherwise could be sentenced to a | 22 | | term of
incarceration.
| 23 | | (5) The person must be physically able to participate | 24 | | in strenuous
physical
activities or labor.
| 25 | | (6) The person must not have any mental disorder or | 26 | | disability that would
prevent participation in a county |
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| 1 | | impact incarceration program.
| 2 | | (7) The person was recommended and approved for | 3 | | placement in the county
impact incarceration program by the | 4 | | Sheriff and consented in writing to
participation in the | 5 | | county impact incarceration program and to the terms and
| 6 | | conditions of the program. The Sheriff may consider, among | 7 | | other matters,
whether the
person has any outstanding | 8 | | detainers or warrants, whether the person has a
history of | 9 | | escaping or absconding, whether participation in the
| 10 | | county impact incarceration program may pose
a risk to the | 11 | | safety or security of any person and whether space is
| 12 | | available.
| 13 | | (c-5) The county impact incarceration program shall | 14 | | include, among other
matters, mandatory physical training and | 15 | | labor, military formation and drills,
regimented activities, | 16 | | uniformity of dress and appearance, education and
counseling, | 17 | | including drug counseling where appropriate.
| 18 | | (d) Privileges including visitation, commissary, receipt | 19 | | and retention of
property and publications and access to | 20 | | television, radio, and a library may be
suspended or | 21 | | restricted, notwithstanding provisions to the contrary in this
| 22 | | Code.
| 23 | | (e) The Sheriff shall issue written rules and requirements | 24 | | for the program.
Persons shall be informed of rules of behavior | 25 | | and conduct. Persons
participating in the county impact | 26 | | incarceration program shall adhere to all
rules and all |
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| 1 | | requirements of the program.
| 2 | | (f) Participation in the county impact incarceration | 3 | | program shall be for a
period of 120 to 180 days followed by a | 4 | | mandatory term of monitored release
for at least 8 months and | 5 | | no more than 12 months supervised by the Sheriff.
The period of | 6 | | time a person shall serve in the impact incarceration program
| 7 | | shall not be reduced by the accumulation of good time. The | 8 | | court may also
sentence the person to a period of probation to | 9 | | commence at the successful
completion of the county impact | 10 | | incarceration program.
| 11 | | (g) If the person successfully completes the county impact | 12 | | incarceration
program, the Sheriff shall certify the person's | 13 | | successful completion of the
program to the court and to the | 14 | | county's State's Attorney. Upon successful
completion of the | 15 | | county impact incarceration program and mandatory
term of | 16 | | monitored release and if there is an additional period of | 17 | | probation
given, the person shall at that time begin his or her | 18 | | probationary sentence
under the supervision of the Adult | 19 | | Probation Department.
| 20 | | (h) A person may be removed from the county impact | 21 | | incarceration program for
a violation of the terms or
| 22 | | conditions of the program or in the event he or she is for any | 23 | | reason unable to
participate. The failure to complete the | 24 | | program for any reason, including the
8 to 12 month monitored | 25 | | release period, shall be deemed a violation of the
county | 26 | | impact incarceration sentence. The Sheriff shall give notice to |
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| 1 | | the
State's Attorney of the person's failure to complete the | 2 | | program. The Sheriff
shall file a petition for violation of the | 3 | | county impact incarceration sentence
with the court and the | 4 | | State's Attorney may proceed on the petition under
Section | 5 | | 5-6-4 of this Code. The Sheriff shall promulgate rules and | 6 | | regulations
governing conduct which could result in removal | 7 | | from the program or in a
determination that the person has not | 8 | | successfully completed the program.
| 9 | | The mandatory conditions of every county impact | 10 | | incarceration sentence
shall
include that the person either | 11 | | while in the program or during the period of
monitored release:
| 12 | | (1) not violate any criminal statute of any | 13 | | jurisdiction;
| 14 | | (2) report or appear in person before any such person | 15 | | or agency as
directed by the court or the Sheriff;
| 16 | | (3) refrain from possessing a firearm or other | 17 | | dangerous weapon;
| 18 | | (4) not leave the State without the consent of the | 19 | | court or, in
circumstances in which the reason for the | 20 | | absence is of such an emergency
nature that prior consent | 21 | | by the court is not possible, without the prior
| 22 | | notification and approval of the Sheriff; and
| 23 | | (5) permit representatives of the Sheriff to visit at | 24 | | the person's home or
elsewhere to the extent necessary for | 25 | | the Sheriff to monitor compliance with
the program. Persons | 26 | | shall have access to such rules, which shall provide that
a |
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| 1 | | person shall receive notice of any such violation.
| 2 | | (i) The Sheriff may terminate the county impact | 3 | | incarceration program at
any time.
| 4 | | (j) The Sheriff shall report to the county board on or | 5 | | before September
30th of each year on the county impact | 6 | | incarceration program, including the
composition of the | 7 | | program by the offenders, by county of commitment, sentence,
| 8 | | age, offense, and race.
| 9 | | (Source: P.A. 100-201, eff. 8-18-17.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 720 ILCS 5/18-3 | | | 4 | | 720 ILCS 5/18-4 | | | 5 | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | | 6 | | 720 ILCS 5/24-1.6 | | | 7 | | 720 ILCS 5/24-1.8 | | | 8 | | 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 | | 9 | | 730 ILCS 5/5-5-3 | | | 10 | | 730 ILCS 5/5-8-1.2 | |
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