Full Text of HB5672 098th General Assembly
HB5672 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5672 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | 720 ILCS 5/24-1.6 | | 720 ILCS 5/24-1.8 | | 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 | 730 ILCS 5/5-5-3 | from Ch. 38, par. 1005-5-3 | 730 ILCS 5/5-8-1.2 | |
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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, and unlawful possession of a firearm by a street gang member. 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 24-1.1, 24-1.6, and 24-1.8 as follows:
| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 7 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 8 | | Felons or
Persons in the Custody of the
Department of | 9 | | Corrections Facilities. | 10 | | (a) It is unlawful
for a person to knowingly possess on or | 11 | | about his person or on his land or
in his own abode or fixed | 12 | | place of business any weapon prohibited under
Section 24-1 of | 13 | | this Act or any firearm or any firearm ammunition if the
person | 14 | | has been convicted of a felony under the laws of this State or | 15 | | any
other jurisdiction. This Section shall not apply if the | 16 | | person has been
granted relief by the Director of the | 17 | | Department of State Police
under Section 10 of the Firearm | 18 | | Owners Identification
Card Act.
| 19 | | (b) It is unlawful for any person confined in a penal | 20 | | institution,
which is a facility of the Illinois Department of | 21 | | Corrections, to possess
any weapon prohibited under Section | 22 | | 24-1 of this Code or any firearm or
firearm ammunition, | 23 | | regardless of the intent with which he possesses it.
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| 1 | | (c) It shall be an affirmative defense to a violation of | 2 | | subsection (b), that such possession was specifically | 3 | | authorized by rule,
regulation, or directive of the Illinois | 4 | | Department of Corrections or order
issued pursuant thereto.
| 5 | | (d) The defense of necessity is not available to a person | 6 | | who is charged
with a violation of subsection (b) of this | 7 | | Section.
| 8 | | (e) Sentence. Violation of this Section by a person not | 9 | | confined
in a penal institution shall be a Class 3 felony
for | 10 | | which the person shall be sentenced to no less than 3 2 years | 11 | | and no
more than 10 years and any second or subsequent | 12 | | violation shall be a Class 2 felony for which the person shall | 13 | | be sentenced to a term of imprisonment of not less than 4 3 | 14 | | years and not more than 14 years. Violation of this Section by | 15 | | a person not confined in a
penal institution who has been | 16 | | convicted of a forcible felony, a felony
violation of Article | 17 | | 24 of this Code or of the Firearm Owners Identification
Card | 18 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 19 | | felony
under the Illinois Controlled Substances Act, the | 20 | | Cannabis Control Act, or the Methamphetamine Control and | 21 | | Community Protection Act 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.
Violation of this Section by a person who | 24 | | is on parole or mandatory supervised
release is a Class 2 | 25 | | felony for which the person shall be sentenced to not less than | 26 | | 4 3 years and not more than 14
years. Violation of this Section |
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| 1 | | by a person not confined in a penal
institution is a Class X | 2 | | felony when the firearm possessed is a machine gun.
Any person | 3 | | who violates this Section while confined in a penal
| 4 | | institution, which is a facility of the Illinois Department of
| 5 | | Corrections, is guilty of a Class 1
felony, if he possesses any | 6 | | weapon prohibited under Section 24-1 of this
Code regardless of | 7 | | the intent with which he possesses it, a Class X
felony if he | 8 | | possesses any firearm, firearm ammunition or explosive, and a
| 9 | | Class X felony for which the offender shall be sentenced to not | 10 | | less than 12
years and not more than 50 years when the firearm | 11 | | possessed is a machine
gun. A violation of this Section while | 12 | | wearing or in possession of body armor as defined in Section | 13 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 14 | | of not less than 10 years and not more than 40 years.
The | 15 | | possession of each firearm or firearm ammunition in violation | 16 | | of this Section constitutes a single and separate violation. A | 17 | | sentence of county impact incarceration under Section 5-8-1.2 | 18 | | of the Unified Code of Corrections is not authorized for a | 19 | | violation of this Section.
| 20 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 21 | | (720 ILCS 5/24-1.6) | 22 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 23 | | (a) A person commits the offense of aggravated unlawful use | 24 | | of a weapon when
he or she knowingly: | 25 | | (1) Carries on or about his or her person or in any |
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| 1 | | vehicle or concealed
on or about his or her person except | 2 | | when on his or her land or in his or her
abode, legal | 3 | | dwelling, or fixed place of business, or on the land or in | 4 | | the legal dwelling of another person as an invitee with | 5 | | that person's permission, any pistol, revolver, stun gun or | 6 | | taser or
other firearm; or | 7 | | (2) Carries or possesses on or about his or her person, | 8 | | upon any public
street, alley, or other public lands within | 9 | | the corporate limits of a city,
village or incorporated | 10 | | town, except when an invitee thereon or therein, for
the | 11 | | purpose of the display of such weapon or the lawful | 12 | | commerce in weapons, or
except when on his or her own land | 13 | | or in his or her own abode, legal dwelling, or fixed place | 14 | | of
business, or on the land or in the legal dwelling of | 15 | | another person as an invitee with that person's permission, | 16 | | any pistol, revolver, stun gun or taser or other firearm; | 17 | | and | 18 | | (3) One of the following factors is present: | 19 | | (A) the firearm, other than a pistol, revolver, or | 20 | | handgun, possessed was uncased, loaded, and | 21 | | immediately accessible
at the time of the offense; or | 22 | | (A-5) the pistol, revolver, or handgun possessed | 23 | | was uncased, loaded, and immediately accessible
at the | 24 | | time of the offense and the person possessing the | 25 | | pistol, revolver, or handgun has not been issued a | 26 | | currently valid license under the Firearm Concealed |
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| 1 | | Carry Act; or | 2 | | (B) the firearm, other than a pistol, revolver, or | 3 | | handgun, possessed was uncased, unloaded, and the | 4 | | ammunition for
the weapon was immediately accessible | 5 | | at the time of the offense; or | 6 | | (B-5) the pistol, revolver, or handgun possessed | 7 | | was uncased, unloaded, and the ammunition for
the | 8 | | weapon was immediately accessible at the time of the | 9 | | offense and the person possessing the pistol, | 10 | | revolver, or handgun has not been issued a currently | 11 | | valid license under the Firearm Concealed Carry Act; or | 12 | | (C) the person possessing the firearm has not been | 13 | | issued a currently
valid Firearm Owner's | 14 | | Identification Card; or | 15 | | (D) the person possessing the weapon was | 16 | | previously adjudicated
a delinquent minor under the | 17 | | Juvenile Court Act of 1987 for an act that if
committed | 18 | | by an adult would be a felony; or | 19 | | (E) the person possessing the weapon was engaged in | 20 | | a misdemeanor
violation of the Cannabis
Control Act, in | 21 | | a misdemeanor violation of the Illinois Controlled | 22 | | Substances
Act, or in a misdemeanor violation of the | 23 | | Methamphetamine Control and Community Protection Act; | 24 | | or | 25 | | (F) (blank); or | 26 | | (G) the person possessing the weapon had a order of |
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| 1 | | protection issued
against him or her within the | 2 | | previous 2 years; or | 3 | | (H) the person possessing the weapon was engaged in | 4 | | the commission or
attempted commission of
a | 5 | | misdemeanor involving the use or threat of violence | 6 | | against
the person or property of another; or | 7 | | (I) the person possessing the weapon was under 21 | 8 | | years of age and in
possession of a handgun, unless the | 9 | | person under 21
is engaged in lawful activities under | 10 | | the Wildlife Code or described in
subsection | 11 | | 24-2(b)(1), (b)(3), or 24-2(f). | 12 | | (a-5) "Handgun" as used in this Section has the meaning | 13 | | given to it in Section 5 of the Firearm Concealed Carry Act. | 14 | | (b) "Stun gun or taser" as used in this Section has the | 15 | | same definition
given to it in Section 24-1 of this Code. | 16 | | (c) This Section does not apply to or affect the | 17 | | transportation or
possession
of weapons that: | 18 | | (i) are broken down in a non-functioning state; or | 19 | | (ii) are not immediately accessible; or | 20 | | (iii) are unloaded and enclosed in a case, firearm | 21 | | carrying box,
shipping box, or other container by a person | 22 | | who has been issued a currently
valid Firearm Owner's
| 23 | | Identification Card. | 24 | | (d) Sentence. | 25 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 26 | | felony;
a second or subsequent offense is a Class 2 felony |
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| 1 | | for which the person shall be sentenced to a term of | 2 | | imprisonment of not less than 4 3 years and not more than | 3 | | 10 7 years. | 4 | | (2) Except as otherwise provided in paragraphs (3) and | 5 | | (4) of this subsection (d), a first offense of aggravated | 6 | | unlawful use of a weapon committed with a firearm by a | 7 | | person 18 years of age or older where the factors listed in | 8 | | both items (A) and (C) or both items (A-5) and (C) of | 9 | | paragraph (3) of subsection (a) are present is a Class 4 | 10 | | felony, for which the person shall be sentenced to a term | 11 | | of imprisonment of not less than one year and not more than | 12 | | 3 years. | 13 | | (3) Aggravated unlawful use of
a weapon by a person who | 14 | | has been previously
convicted of a felony in this State or | 15 | | another jurisdiction is a Class 2
felony for which the | 16 | | person shall be sentenced to a term of imprisonment of not | 17 | | less than 4 3 years and not more than 10 7 years. A | 18 | | sentence of county impact incarceration under Section | 19 | | 5-8-1.2 of the Unified Code of Corrections is not | 20 | | 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. 98-63, eff. 7-9-13.) | 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 | 23 | | rules
and regulations for awarding and revoking sentence | 24 | | credit for persons committed to the Department which shall
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| 1 | | be subject to review by the Prisoner Review Board.
| 2 | | (1.5) As otherwise provided by law, sentence credit may | 3 | | be 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 | 8 | | the Department; or | 9 | | (C) service to the institution, service to a | 10 | | community, or service to the State.
| 11 | | (2) The rules and regulations on sentence credit shall | 12 | | provide, with
respect to offenses listed in clause (i), | 13 | | (ii), or (iii) of this paragraph (2) committed on or after | 14 | | June 19, 1998 or with respect to the offense listed in | 15 | | clause (iv) of this paragraph (2) committed on or after | 16 | | June 23, 2005 (the effective date of Public Act 94-71) or | 17 | | with
respect to offense listed in clause (vi)
committed on | 18 | | or after June 1, 2008 (the effective date of Public Act | 19 | | 95-625)
or with respect to the offense of being an armed | 20 | | habitual criminal committed on or after August 2, 2005 (the | 21 | | effective date of Public Act 94-398) or with respect to the | 22 | | offenses listed in clause (v) of this paragraph (2) | 23 | | committed on or after August 13, 2007 (the effective date | 24 | | of Public Act 95-134) or with respect to the offense of | 25 | | aggravated domestic battery committed on or after July 23, | 26 | | 2010 (the effective date of Public Act 96-1224) or with |
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| 1 | | respect to the offense of attempt to commit terrorism | 2 | | committed on or after January 1, 2013 (the effective date | 3 | | of Public Act 97-990) or with
respect to offenses listed in | 4 | | clause (viii)
committed on or after the effective date of | 5 | | this amendatory Act of the 98th General Assembly , the | 6 | | following:
| 7 | | (i) that a prisoner who is serving a term of | 8 | | imprisonment for first
degree murder or for the offense | 9 | | of terrorism shall receive no sentence
credit and shall | 10 | | serve the entire
sentence imposed by the court;
| 11 | | (ii) that a prisoner serving a sentence for attempt | 12 | | to commit terrorism, attempt to commit first
degree | 13 | | murder, solicitation of murder, solicitation of murder | 14 | | for hire,
intentional homicide of an unborn child, | 15 | | predatory criminal sexual assault of a
child, | 16 | | aggravated criminal sexual assault, criminal sexual | 17 | | assault, aggravated
kidnapping, aggravated battery | 18 | | with a firearm as described in Section 12-4.2 or | 19 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 20 | | Section 12-3.05, heinous battery as described in | 21 | | Section 12-4.1 or subdivision (a)(2) of Section | 22 | | 12-3.05, being an armed habitual criminal, aggravated
| 23 | | battery of a senior citizen as described in Section | 24 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 25 | | aggravated battery of a child as described in Section | 26 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall |
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| 1 | | receive no
more than 4.5 days of sentence credit for | 2 | | each month of his or her sentence
of imprisonment;
| 3 | | (iii) that a prisoner serving a sentence
for home | 4 | | invasion, armed robbery, aggravated vehicular | 5 | | hijacking,
aggravated discharge of a firearm, or armed | 6 | | violence with a category I weapon
or category II | 7 | | weapon, when the court
has made and entered a finding, | 8 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 9 | | Code, that the conduct leading to conviction for the | 10 | | enumerated offense
resulted in great bodily harm to a | 11 | | victim, shall receive no more than 4.5 days
of sentence | 12 | | credit for each month of his or her sentence of | 13 | | imprisonment;
| 14 | | (iv) that a prisoner serving a sentence for | 15 | | aggravated discharge of a firearm, whether or not the | 16 | | conduct leading to conviction for the offense resulted | 17 | | in great bodily harm to the victim, shall receive no | 18 | | more than 4.5 days of sentence credit for each month of | 19 | | his or her sentence of imprisonment;
| 20 | | (v) that a person serving a sentence for | 21 | | gunrunning, narcotics racketeering, controlled | 22 | | substance trafficking, methamphetamine trafficking, | 23 | | drug-induced homicide, aggravated | 24 | | methamphetamine-related child endangerment, money | 25 | | laundering pursuant to clause (c) (4) or (5) of Section | 26 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code |
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| 1 | | of 2012, or a Class X felony conviction for delivery of | 2 | | a controlled substance, possession of a controlled | 3 | | substance with intent to manufacture or deliver, | 4 | | calculated criminal drug conspiracy, criminal drug | 5 | | conspiracy, street gang criminal drug conspiracy, | 6 | | participation in methamphetamine manufacturing, | 7 | | aggravated participation in methamphetamine | 8 | | manufacturing, delivery of methamphetamine, possession | 9 | | with intent to deliver methamphetamine, aggravated | 10 | | delivery of methamphetamine, aggravated possession | 11 | | with intent to deliver methamphetamine, | 12 | | methamphetamine conspiracy when the substance | 13 | | containing the controlled substance or methamphetamine | 14 | | is 100 grams or more shall receive no more than 7.5 | 15 | | days sentence credit for each month of his or her | 16 | | sentence of imprisonment;
| 17 | | (vi)
that a prisoner serving a sentence for a | 18 | | second or subsequent offense of luring a minor shall | 19 | | receive no more than 4.5 days of sentence credit for | 20 | | each month of his or her sentence of imprisonment; and
| 21 | | (vii) that a prisoner serving a sentence for | 22 | | aggravated domestic battery shall receive no more than | 23 | | 4.5 days of sentence credit for each month of his or | 24 | | her sentence of imprisonment ; and | 25 | | (viii) that a prisoner serving a sentence for a | 26 | | violation of Section 24-1.1, 24-1.6, except for a |
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| 1 | | sentence for a first offense under paragraph (1) of | 2 | | subsection (d) of Section 24-1.6 or a sentence under | 3 | | paragraph (2) of subsection (d) of Section 24-1.6, or | 4 | | 24-1.8 of the Criminal Code of 2012 shall receive no | 5 | | more than 4.5 days of sentence credit for each month of | 6 | | his or her sentence of imprisonment .
| 7 | | (2.1) For all offenses, other than those enumerated in | 8 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 9 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 10 | | after June 23, 2005 (the effective date of Public Act | 11 | | 94-71) or subdivision (a)(2)(v) committed on or after | 12 | | August 13, 2007 (the effective date of Public Act 95-134)
| 13 | | or subdivision (a)(2)(vi) committed on or after June 1, | 14 | | 2008 (the effective date of Public Act 95-625) or | 15 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 16 | | (the effective date of Public Act 96-1224), and other than | 17 | | the offense of aggravated driving under the influence of | 18 | | alcohol, other drug or drugs, or
intoxicating compound or | 19 | | compounds, or any combination thereof as defined in
| 20 | | subparagraph (F) of paragraph (1) of subsection (d) of | 21 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 22 | | the offense of aggravated driving under the influence of | 23 | | alcohol,
other drug or drugs, or intoxicating compound or | 24 | | compounds, or any combination
thereof as defined in | 25 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 26 | | Section 11-501 of the Illinois Vehicle Code committed on or |
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| 1 | | after January 1, 2011 (the effective date of Public Act | 2 | | 96-1230),
the rules and regulations shall
provide that a | 3 | | prisoner who is serving a term of
imprisonment shall | 4 | | receive one day of sentence credit for each day of
his or | 5 | | her sentence of imprisonment or recommitment under Section | 6 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 7 | | the prisoner's period
of imprisonment or recommitment | 8 | | under Section 3-3-9.
| 9 | | (2.2) A prisoner serving a term of natural life | 10 | | imprisonment or a
prisoner who has been sentenced to death | 11 | | shall receive no sentence
credit.
| 12 | | (2.3) The rules and regulations on sentence credit | 13 | | shall provide that
a prisoner who is serving a sentence for | 14 | | aggravated driving under the influence of alcohol,
other | 15 | | drug or drugs, or intoxicating compound or compounds, or | 16 | | any combination
thereof as defined in subparagraph (F) of | 17 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 18 | | Illinois Vehicle Code, shall receive no more than 4.5
days | 19 | | of sentence credit for each month of his or her sentence of
| 20 | | imprisonment.
| 21 | | (2.4) The rules and regulations on sentence credit | 22 | | shall provide with
respect to the offenses of aggravated | 23 | | battery with a machine gun or a firearm
equipped with any | 24 | | device or attachment designed or used for silencing the
| 25 | | report of a firearm or aggravated discharge of a machine | 26 | | gun or a firearm
equipped with any device or attachment |
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| 1 | | designed or used for silencing the
report of a firearm, | 2 | | committed on or after
July 15, 1999 (the effective date of | 3 | | Public Act 91-121),
that a prisoner serving a sentence for | 4 | | any of these offenses shall receive no
more than 4.5 days | 5 | | of sentence credit for each month of his or her sentence
of | 6 | | imprisonment.
| 7 | | (2.5) The rules and regulations on sentence credit | 8 | | shall provide that a
prisoner who is serving a sentence for | 9 | | aggravated arson committed on or after
July 27, 2001 (the | 10 | | effective date of Public Act 92-176) shall receive no more | 11 | | than
4.5 days of sentence credit for each month of his or | 12 | | her sentence of
imprisonment.
| 13 | | (2.6) The rules and regulations on sentence credit | 14 | | shall provide that a
prisoner who is serving a sentence for | 15 | | aggravated driving under the influence of alcohol,
other | 16 | | drug or drugs, or intoxicating compound or compounds or any | 17 | | combination
thereof as defined in subparagraph (C) of | 18 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 19 | | Illinois Vehicle Code committed on or after January 1, 2011 | 20 | | (the effective date of Public Act 96-1230) shall receive no | 21 | | more than 4.5
days of sentence credit for each month of his | 22 | | or her sentence of
imprisonment.
| 23 | | (3) The rules and regulations shall also provide that
| 24 | | the Director may award up to 180 days additional sentence
| 25 | | credit for good conduct in specific instances as the
| 26 | | Director deems proper. The good conduct may include, but is |
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| 1 | | not limited to, compliance with the rules and regulations | 2 | | of the Department, service to the Department, service to a | 3 | | community, or service to the State. However, the Director | 4 | | shall not award more than 90 days
of sentence credit for | 5 | | good conduct to any prisoner who is serving a sentence for
| 6 | | conviction of first degree murder, reckless homicide while | 7 | | under the
influence of alcohol or any other drug,
or | 8 | | aggravated driving under the influence of alcohol, other | 9 | | drug or drugs, or
intoxicating compound or compounds, or | 10 | | any combination thereof as defined in
subparagraph (F) of | 11 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 12 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 13 | | predatory criminal sexual assault of a child,
aggravated | 14 | | criminal sexual assault, criminal sexual assault, deviate | 15 | | sexual
assault, aggravated criminal sexual abuse, | 16 | | aggravated indecent liberties
with a child, indecent | 17 | | liberties with a child, child pornography, heinous
battery | 18 | | as described in Section 12-4.1 or subdivision (a)(2) of | 19 | | Section 12-3.05, aggravated battery of a spouse, | 20 | | aggravated battery of a spouse
with a firearm, stalking, | 21 | | aggravated stalking, aggravated battery of a child as | 22 | | described in Section 12-4.3 or subdivision (b)(1) of | 23 | | Section 12-3.05,
endangering the life or health of a child, | 24 | | or cruelty to a child. Notwithstanding the foregoing, | 25 | | sentence credit for
good conduct shall not be awarded on a
| 26 | | sentence of imprisonment imposed for conviction of: (i) one |
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| 1 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 2 | | or (iii) when the offense is committed on or after
June 19, | 3 | | 1998 or subdivision (a)(2)(iv) when the offense is | 4 | | committed on or after June 23, 2005 (the effective date of | 5 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 6 | | is committed on or after August 13, 2007 (the effective | 7 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 8 | | the offense is committed on or after June 1, 2008 (the | 9 | | effective date of Public Act 95-625) or subdivision | 10 | | (a)(2)(vii) when the offense is committed on or after July | 11 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 12 | | aggravated driving under the influence of alcohol, other | 13 | | drug or drugs, or
intoxicating compound or compounds, or | 14 | | any combination thereof as defined in
subparagraph (F) of | 15 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 16 | | Illinois Vehicle Code, (iii) one of the offenses enumerated | 17 | | in subdivision
(a)(2.4) when the offense is committed on or | 18 | | after
July 15, 1999 (the effective date of Public Act | 19 | | 91-121),
(iv) aggravated arson when the offense is | 20 | | committed
on or after July 27, 2001 (the effective date of | 21 | | Public Act 92-176), (v) offenses that may subject the | 22 | | offender to commitment under the Sexually Violent Persons | 23 | | Commitment Act, or (vi) aggravated driving under the | 24 | | influence of alcohol,
other drug or drugs, or intoxicating | 25 | | compound or compounds or any combination
thereof as defined | 26 | | in subparagraph (C) of paragraph (1) of subsection (d) of
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| 1 | | Section 11-501 of the Illinois Vehicle Code committed on or | 2 | | after January 1, 2011 (the effective date of Public Act | 3 | | 96-1230).
| 4 | | Eligible inmates for an award of sentence credit under
this | 5 | | paragraph (3) may be selected to receive the credit at
the | 6 | | Director's or his or her designee's sole discretion.
| 7 | | Consideration may be based on, but not limited to, any
| 8 | | available risk assessment analysis on the inmate, any history | 9 | | of conviction for violent crimes as defined by the Rights of | 10 | | Crime Victims and Witnesses Act, facts and circumstances of the | 11 | | inmate's holding offense or offenses, and the potential for | 12 | | rehabilitation. | 13 | | The Director shall not award sentence credit under this | 14 | | paragraph (3) to an inmate unless the inmate has served a | 15 | | minimum of 60 days of the sentence; except nothing in this | 16 | | paragraph shall be construed to permit the Director to extend | 17 | | an inmate's sentence beyond that which was imposed by the | 18 | | court. Prior to awarding credit under this paragraph (3), the | 19 | | Director shall make a written determination that the inmate: | 20 | | (A) is eligible for the sentence credit; | 21 | | (B) has served a minimum of 60 days, or as close to | 22 | | 60 days as the sentence will allow; and | 23 | | (C) has met the eligibility criteria established | 24 | | by rule. | 25 | | The Director shall determine the form and content of | 26 | | the written determination required in this subsection. |
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| 1 | | (3.5) The Department shall provide annual written | 2 | | reports to the Governor and the General Assembly on the | 3 | | award of sentence credit for good conduct, with the first | 4 | | report due January 1, 2014. The Department must publish | 5 | | both reports on its website within 48 hours of transmitting | 6 | | the reports to the Governor and the General Assembly. The | 7 | | reports must include: | 8 | | (A) the number of inmates awarded sentence credit | 9 | | for good conduct; | 10 | | (B) the average amount of sentence credit for good | 11 | | conduct awarded; | 12 | | (C) the holding offenses of inmates awarded | 13 | | sentence credit for good conduct; and | 14 | | (D) the number of sentence credit for good conduct | 15 | | revocations.
| 16 | | (4) The rules and regulations shall also provide that | 17 | | the sentence
credit accumulated and retained under | 18 | | paragraph (2.1) of subsection (a) of
this Section by any | 19 | | inmate during specific periods of time in which such
inmate | 20 | | is engaged full-time in substance abuse programs, | 21 | | correctional
industry assignments, educational programs, | 22 | | behavior modification programs, life skills courses, or | 23 | | re-entry planning provided by the Department
under this | 24 | | paragraph (4) and satisfactorily completes the assigned | 25 | | program as
determined by the standards of the Department, | 26 | | shall be multiplied by a factor
of 1.25 for program |
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| 1 | | participation before August 11, 1993
and 1.50 for program | 2 | | participation on or after that date.
The rules and | 3 | | regulations shall also provide that sentence credit, | 4 | | subject to the same offense limits and multiplier provided | 5 | | in this paragraph, may be provided to an inmate who was | 6 | | held in pre-trial detention prior to his or her current | 7 | | commitment to the Department of Corrections and | 8 | | successfully completed a full-time, 60-day or longer | 9 | | substance abuse program, educational program, behavior | 10 | | modification program, life skills course, or re-entry | 11 | | planning provided by the county department of corrections | 12 | | or county jail. Calculation of this county program credit | 13 | | shall be done at sentencing as provided in Section | 14 | | 5-4.5-100 of this Code and shall be included in the | 15 | | sentencing order. However, no inmate shall be eligible for | 16 | | the additional sentence credit
under this paragraph (4) or | 17 | | (4.1) of this subsection (a) while assigned to a boot camp
| 18 | | or electronic detention, or if convicted of an offense | 19 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 20 | | Section that is committed on or after June 19,
1998 or | 21 | | subdivision (a)(2)(iv) of this Section that is committed on | 22 | | or after June 23, 2005 (the effective date of Public Act | 23 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 24 | | committed on or after August 13, 2007 (the effective date | 25 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 26 | | offense is committed on or after June 1, 2008 (the |
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| 1 | | effective date of Public Act 95-625) or subdivision | 2 | | (a)(2)(vii) when the offense is committed on or after July | 3 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 4 | | convicted of aggravated driving under the influence of | 5 | | alcohol, other drug or drugs, or
intoxicating compound or | 6 | | compounds or any combination thereof as defined in
| 7 | | subparagraph (F) of paragraph (1) of subsection (d) of | 8 | | Section 11-501 of the
Illinois Vehicle Code, or if | 9 | | convicted of aggravated driving under the influence of | 10 | | alcohol,
other drug or drugs, or intoxicating compound or | 11 | | compounds or any combination
thereof as defined in | 12 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 13 | | Section 11-501 of the Illinois Vehicle Code committed on or | 14 | | after January 1, 2011 (the effective date of Public Act | 15 | | 96-1230), or if convicted of an offense enumerated in | 16 | | paragraph
(a)(2.4) of this Section that is committed on or | 17 | | after
July 15, 1999 (the effective date of Public Act | 18 | | 91-121),
or first degree murder, a Class X felony, criminal | 19 | | sexual
assault, felony criminal sexual abuse, aggravated | 20 | | criminal sexual abuse,
aggravated battery with a firearm as | 21 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 22 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 23 | | successor offenses
with the same or substantially the same | 24 | | elements, or any inchoate offenses
relating to the | 25 | | foregoing offenses. No inmate shall be eligible for the
| 26 | | additional good conduct credit under this paragraph (4) who |
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| 1 | | (i) has previously
received increased good conduct credit | 2 | | under this paragraph (4) and has
subsequently been | 3 | | convicted of a
felony, or (ii) has previously served more | 4 | | than one prior sentence of
imprisonment for a felony in an | 5 | | adult correctional facility.
| 6 | | Educational, vocational, substance abuse, behavior | 7 | | modification programs, life skills courses, re-entry | 8 | | planning, and correctional
industry programs under which | 9 | | sentence credit may be increased under
this paragraph (4) | 10 | | and paragraph (4.1) of this subsection (a) shall be | 11 | | evaluated by the Department on the basis of
documented | 12 | | standards. The Department shall report the results of these
| 13 | | evaluations to the Governor and the General Assembly by | 14 | | September 30th of each
year. The reports shall include data | 15 | | relating to the recidivism rate among
program | 16 | | participants.
| 17 | | Availability of these programs shall be subject to the
| 18 | | limits of fiscal resources appropriated by the General | 19 | | Assembly for these
purposes. Eligible inmates who are | 20 | | denied immediate admission shall be
placed on a waiting | 21 | | list under criteria established by the Department.
The | 22 | | inability of any inmate to become engaged in any such | 23 | | programs
by reason of insufficient program resources or for | 24 | | any other reason
established under the rules and | 25 | | regulations of the Department shall not be
deemed a cause | 26 | | of action under which the Department or any employee or
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| 1 | | agent of the Department shall be liable for damages to the | 2 | | inmate.
| 3 | | (4.1) The rules and regulations shall also provide that | 4 | | an additional 60 days of sentence credit shall be awarded | 5 | | to any prisoner who passes the high school level Test of | 6 | | General Educational Development (GED) while the prisoner | 7 | | is committed to the Department of Corrections. The sentence | 8 | | credit awarded under this paragraph (4.1) shall be in | 9 | | addition to, and shall not affect, the award of sentence | 10 | | credit under any other paragraph of this Section, but shall | 11 | | also be pursuant to the guidelines and restrictions set | 12 | | forth in paragraph (4) of subsection (a) of this Section.
| 13 | | The sentence credit provided for in this paragraph shall be | 14 | | available only to those prisoners who have not previously | 15 | | earned a high school diploma or a GED. If, after an award | 16 | | of the GED sentence credit has been made and the Department | 17 | | determines that the prisoner was not eligible, then the | 18 | | award shall be revoked.
The Department may also award 60 | 19 | | days of sentence credit to any committed person who passed | 20 | | the high school level Test of General Educational | 21 | | Development (GED) while he or she was held in pre-trial | 22 | | detention prior to the current commitment to the Department | 23 | | of Corrections.
| 24 | | (4.5) The rules and regulations on sentence credit | 25 | | shall also provide that
when the court's sentencing order | 26 | | recommends a prisoner for substance abuse treatment and the
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| 1 | | crime was committed on or after September 1, 2003 (the | 2 | | effective date of
Public Act 93-354), the prisoner shall | 3 | | receive no sentence credit awarded under clause (3) of this | 4 | | subsection (a) unless he or she participates in and
| 5 | | completes a substance abuse treatment program. The | 6 | | Director may waive the requirement to participate in or | 7 | | complete a substance abuse treatment program and award the | 8 | | sentence credit in specific instances if the prisoner is | 9 | | not a good candidate for a substance abuse treatment | 10 | | program for medical, programming, or operational reasons. | 11 | | Availability of
substance abuse treatment shall be subject | 12 | | to the limits of fiscal resources
appropriated by the | 13 | | General Assembly for these purposes. If treatment is not
| 14 | | available and the requirement to participate and complete | 15 | | the treatment has not been waived by the Director, the | 16 | | prisoner shall be placed on a waiting list under criteria
| 17 | | established by the Department. The Director may allow a | 18 | | prisoner placed on
a waiting list to participate in and | 19 | | complete a substance abuse education class or attend | 20 | | substance
abuse self-help meetings in lieu of a substance | 21 | | abuse treatment program. A prisoner on a waiting list who | 22 | | is not placed in a substance abuse program prior to release | 23 | | may be eligible for a waiver and receive sentence credit | 24 | | under clause (3) of this subsection (a) at the discretion | 25 | | of the Director.
| 26 | | (4.6) The rules and regulations on sentence credit |
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| 1 | | shall also provide that a prisoner who has been convicted | 2 | | of a sex offense as defined in Section 2 of the Sex | 3 | | Offender Registration Act shall receive no sentence credit | 4 | | unless he or she either has successfully completed or is | 5 | | participating in sex offender treatment as defined by the | 6 | | Sex Offender Management Board. However, prisoners who are | 7 | | waiting to receive treatment, but who are unable to do so | 8 | | due solely to the lack of resources on the part of the | 9 | | Department, may, at the Director's sole discretion, be | 10 | | awarded sentence credit at a rate as the Director shall | 11 | | determine.
| 12 | | (5) Whenever the Department is to release any inmate | 13 | | earlier than it
otherwise would because of a grant of | 14 | | sentence credit for good conduct under paragraph (3) of | 15 | | subsection (a) of this Section given at any time during the | 16 | | term, the Department shall give
reasonable notice of the | 17 | | impending release not less than 14 days prior to the date | 18 | | of the release to the State's
Attorney of the county where | 19 | | the prosecution of the inmate took place, and if | 20 | | applicable, the State's Attorney of the county into which | 21 | | the inmate will be released. The Department must also make | 22 | | identification information and a recent photo of the inmate | 23 | | being released accessible on the Internet by means of a | 24 | | hyperlink labeled "Community Notification of Inmate Early | 25 | | Release" on the Department's World Wide Web homepage.
The | 26 | | identification information shall include the inmate's: |
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| 1 | | name, any known alias, date of birth, physical | 2 | | characteristics, residence address, commitment offense and | 3 | | county where conviction was imposed. The identification | 4 | | information shall be placed on the website within 3 days of | 5 | | the inmate's release and the information may not be removed | 6 | | until either: completion of the first year of mandatory | 7 | | supervised release or return of the inmate to custody of | 8 | | the Department.
| 9 | | (b) Whenever a person is or has been committed under
| 10 | | several convictions, with separate sentences, the sentences
| 11 | | shall be construed under Section 5-8-4 in granting and
| 12 | | forfeiting of sentence credit.
| 13 | | (c) The Department shall prescribe rules and regulations
| 14 | | for revoking sentence credit, including revoking sentence | 15 | | credit awarded for good conduct under paragraph (3) of | 16 | | subsection (a) of this Section. The Department shall prescribe | 17 | | rules and regulations for suspending or reducing
the rate of | 18 | | accumulation of sentence credit for specific
rule violations, | 19 | | during imprisonment. These rules and regulations
shall provide | 20 | | that no inmate may be penalized more than one
year of sentence | 21 | | credit for any one infraction.
| 22 | | When the Department seeks to revoke, suspend or reduce
the | 23 | | rate of accumulation of any sentence credits for
an alleged | 24 | | infraction of its rules, it shall bring charges
therefor | 25 | | against the prisoner sought to be so deprived of
sentence | 26 | | credits before the Prisoner Review Board as
provided in |
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| 1 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 2 | | amount of credit at issue exceeds 30 days or
when during any 12 | 3 | | month period, the cumulative amount of
credit revoked exceeds | 4 | | 30 days except where the infraction is committed
or discovered | 5 | | within 60 days of scheduled release. In those cases,
the | 6 | | Department of Corrections may revoke up to 30 days of sentence | 7 | | credit.
The Board may subsequently approve the revocation of | 8 | | additional sentence credit, if the Department seeks to revoke | 9 | | sentence credit in
excess of 30 days. However, the Board shall | 10 | | not be empowered to review the
Department's decision with | 11 | | respect to the loss of 30 days of sentence
credit within any | 12 | | calendar year for any prisoner or to increase any penalty
| 13 | | beyond the length requested by the Department.
| 14 | | The Director of the Department of Corrections, in | 15 | | appropriate cases, may
restore up to 30 days of sentence | 16 | | credits which have been revoked, suspended
or reduced. Any | 17 | | restoration of sentence credits in excess of 30 days shall
be | 18 | | subject to review by the Prisoner Review Board. However, the | 19 | | Board may not
restore sentence credit in excess of the amount | 20 | | requested by the Director.
| 21 | | Nothing contained in this Section shall prohibit the | 22 | | Prisoner Review Board
from ordering, pursuant to Section | 23 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 24 | | sentence imposed by the court that was not served due to the
| 25 | | accumulation of sentence credit.
| 26 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
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| 1 | | federal court
against the State, the Department of Corrections, | 2 | | or the Prisoner Review Board,
or against any of
their officers | 3 | | or employees, and the court makes a specific finding that a
| 4 | | pleading, motion, or other paper filed by the prisoner is | 5 | | frivolous, the
Department of Corrections shall conduct a | 6 | | hearing to revoke up to
180 days of sentence credit by bringing | 7 | | charges against the prisoner
sought to be deprived of the | 8 | | sentence credits before the Prisoner Review
Board as provided | 9 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 10 | | prisoner has not accumulated 180 days of sentence credit at the
| 11 | | time of the finding, then the Prisoner Review Board may revoke | 12 | | all
sentence credit accumulated by the prisoner.
| 13 | | For purposes of this subsection (d):
| 14 | | (1) "Frivolous" means that a pleading, motion, or other | 15 | | filing which
purports to be a legal document filed by a | 16 | | prisoner in his or her lawsuit meets
any or all of the | 17 | | following criteria:
| 18 | | (A) it lacks an arguable basis either in law or in | 19 | | fact;
| 20 | | (B) it is being presented for any improper purpose, | 21 | | such as to harass or
to cause unnecessary delay or | 22 | | needless increase in the cost of litigation;
| 23 | | (C) the claims, defenses, and other legal | 24 | | contentions therein are not
warranted by existing law | 25 | | or by a nonfrivolous argument for the extension,
| 26 | | modification, or reversal of existing law or the |
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| 1 | | establishment of new law;
| 2 | | (D) the allegations and other factual contentions | 3 | | do not have
evidentiary
support or, if specifically so | 4 | | identified, are not likely to have evidentiary
support | 5 | | after a reasonable opportunity for further | 6 | | investigation or discovery;
or
| 7 | | (E) the denials of factual contentions are not | 8 | | warranted on the
evidence, or if specifically so | 9 | | identified, are not reasonably based on a lack
of | 10 | | information or belief.
| 11 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 12 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 13 | | action under
Article X of the Code of Civil Procedure or | 14 | | under federal law (28 U.S.C. 2254),
a petition for claim | 15 | | under the Court of Claims Act, an action under the
federal | 16 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 17 | | subsequent petition for post-conviction relief under | 18 | | Article 122 of the Code of Criminal Procedure of 1963 | 19 | | whether filed with or without leave of court or a second or | 20 | | subsequent petition for relief from judgment under Section | 21 | | 2-1401 of the Code of Civil Procedure.
| 22 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 23 | | validity of Public Act 89-404.
| 24 | | (f) Whenever the Department is to release any inmate who | 25 | | has been convicted of a violation of an order of protection | 26 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
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| 1 | | the Criminal Code of 2012, earlier than it
otherwise would | 2 | | because of a grant of sentence credit, the Department, as a | 3 | | condition of release, shall require that the person, upon | 4 | | release, be placed under electronic surveillance as provided in | 5 | | Section 5-8A-7 of this Code. | 6 | | (Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | 7 | | 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | 8 | | 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | 9 | | eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | 10 | | 97-1150, eff. 1-25-13.)
| 11 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| 12 | | Sec. 5-5-3. Disposition.
| 13 | | (a) (Blank).
| 14 | | (b) (Blank).
| 15 | | (c) (1) (Blank).
| 16 | | (2) A period of probation, a term of periodic | 17 | | imprisonment or
conditional discharge shall not be imposed | 18 | | for the following offenses.
The court shall sentence the | 19 | | offender to not less than the minimum term
of imprisonment | 20 | | set forth in this Code for the following offenses, and
may | 21 | | order a fine or restitution or both in conjunction with | 22 | | such term of
imprisonment:
| 23 | | (A) First degree murder where the death penalty is | 24 | | not imposed.
| 25 | | (B) Attempted first degree murder.
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| 1 | | (C) A Class X felony.
| 2 | | (D) A violation of Section 401.1 or 407 of the
| 3 | | Illinois Controlled Substances Act, or a violation of | 4 | | subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | 5 | | Act which relates to more than 5 grams of a substance
| 6 | | containing cocaine, fentanyl, or an analog thereof.
| 7 | | (D-5) A violation of subdivision (c)(1) of
Section | 8 | | 401 of the Illinois Controlled Substances Act which | 9 | | relates to 3 or more grams of a substance
containing | 10 | | heroin or an analog thereof.
| 11 | | (E) A violation of Section 5.1 or 9 of the Cannabis | 12 | | Control
Act.
| 13 | | (F) A Class 2 or greater felony if the offender had | 14 | | been convicted
of a Class 2 or greater felony, | 15 | | including any state or federal conviction for an | 16 | | offense that contained, at the time it was committed, | 17 | | the same elements as an offense now (the date of the | 18 | | offense committed after the prior Class 2 or greater | 19 | | felony) classified as a Class 2 or greater felony, | 20 | | within 10 years of the date on which the
offender
| 21 | | committed the offense for which he or she is being | 22 | | sentenced, except as
otherwise provided in Section | 23 | | 40-10 of the Alcoholism and Other Drug Abuse and
| 24 | | Dependency Act.
| 25 | | (F-5) A violation of Section 24-1, 24-1.1, or | 26 | | 24-1.6 , or 24-1.8 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012 for which imprisonment is | 2 | | prescribed in those Sections.
| 3 | | (G) Residential burglary, except as otherwise | 4 | | provided in Section 40-10
of the Alcoholism and Other | 5 | | Drug Abuse and Dependency Act.
| 6 | | (H) Criminal sexual assault.
| 7 | | (I) Aggravated battery of a senior citizen as | 8 | | described in Section 12-4.6 or subdivision (a)(4) of | 9 | | Section 12-3.05 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012.
| 11 | | (J) A forcible felony if the offense was related to | 12 | | the activities of an
organized gang.
| 13 | | Before July 1, 1994, for the purposes of this | 14 | | paragraph, "organized
gang" means an association of 5 | 15 | | or more persons, with an established hierarchy,
that | 16 | | encourages members of the association to perpetrate | 17 | | crimes or provides
support to the members of the | 18 | | association who do commit crimes.
| 19 | | Beginning July 1, 1994, for the purposes of this | 20 | | paragraph,
"organized gang" has the meaning ascribed | 21 | | to it in Section 10 of the Illinois
Streetgang | 22 | | Terrorism Omnibus Prevention Act.
| 23 | | (K) Vehicular hijacking.
| 24 | | (L) A second or subsequent conviction for the | 25 | | offense of hate crime
when the underlying offense upon | 26 | | which the hate crime is based is felony
aggravated
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| 1 | | assault or felony mob action.
| 2 | | (M) A second or subsequent conviction for the | 3 | | offense of institutional
vandalism if the damage to the | 4 | | property exceeds $300.
| 5 | | (N) A Class 3 felony violation of paragraph (1) of | 6 | | subsection (a) of
Section 2 of the Firearm Owners | 7 | | Identification Card Act.
| 8 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 10 | | (P) A violation of paragraph (1), (2), (3), (4), | 11 | | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 13 | | (Q) A violation of subsection (b) or (b-5) of | 14 | | Section 20-1, Section 20-1.2, or Section 20-1.3 of the | 15 | | Criminal Code of
1961 or the Criminal Code of 2012.
| 16 | | (R) A violation of Section 24-3A of the Criminal | 17 | | Code of
1961 or the Criminal Code of 2012.
| 18 | | (S) (Blank).
| 19 | | (T) A second or subsequent violation of the | 20 | | Methamphetamine Control and Community Protection Act.
| 21 | | (U) A second or subsequent violation of Section | 22 | | 6-303 of the Illinois Vehicle Code committed while his | 23 | | or her driver's license, permit, or privilege was | 24 | | revoked because of a violation of Section 9-3 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012, | 26 | | relating to the offense of reckless homicide, or a |
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| 1 | | similar provision of a law of another state.
| 2 | | (V)
A violation of paragraph (4) of subsection (c) | 3 | | of Section 11-20.1B or paragraph (4) of subsection (c) | 4 | | of Section 11-20.3 of the Criminal Code of 1961, or | 5 | | paragraph (6) of subsection (a) of Section 11-20.1 of | 6 | | the Criminal Code of 2012 when the victim is under 13 | 7 | | years of age and the defendant has previously been | 8 | | convicted under the laws of this State or any other | 9 | | state of the offense of child pornography, aggravated | 10 | | child pornography, aggravated criminal sexual abuse, | 11 | | aggravated criminal sexual assault, predatory criminal | 12 | | sexual assault of a child, or any of the offenses | 13 | | formerly known as rape, deviate sexual assault, | 14 | | indecent liberties with a child, or aggravated | 15 | | indecent liberties with a child where the victim was | 16 | | under the age of 18 years or an offense that is | 17 | | substantially equivalent to those offenses. | 18 | | (W) A violation of Section 24-3.5 of the Criminal | 19 | | Code of 1961 or the Criminal Code of 2012.
| 20 | | (X) A violation of subsection (a) of Section 31-1a | 21 | | of the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012. | 23 | | (Y) A conviction for unlawful possession of a | 24 | | firearm by a street gang member when the firearm was | 25 | | loaded or contained firearm ammunition. | 26 | | (Z) A Class 1 felony committed while he or she was |
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| 1 | | serving a term of probation or conditional discharge | 2 | | for a felony. | 3 | | (AA) Theft of property exceeding $500,000 and not | 4 | | exceeding $1,000,000 in value. | 5 | | (BB) Laundering of criminally derived property of | 6 | | a value exceeding
$500,000. | 7 | | (CC) Knowingly selling, offering for sale, holding | 8 | | for sale, or using 2,000 or more counterfeit items or | 9 | | counterfeit items having a retail value in the | 10 | | aggregate of $500,000 or more. | 11 | | (DD) A conviction for aggravated assault under | 12 | | paragraph (6) of subsection (c) of Section 12-2 of the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012 if | 14 | | the firearm is aimed toward the person against whom the | 15 | | firearm is being used.
| 16 | | (3) (Blank).
| 17 | | (4) A minimum term of imprisonment of not less than 10
| 18 | | consecutive days or 30 days of community service shall be | 19 | | imposed for a
violation of paragraph (c) of Section 6-303 | 20 | | of the Illinois Vehicle Code.
| 21 | | (4.1) (Blank).
| 22 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) | 23 | | of this subsection (c), a
minimum of
100 hours of community | 24 | | service shall be imposed for a second violation of
Section | 25 | | 6-303
of the Illinois Vehicle Code.
| 26 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
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| 1 | | hours of community
service, as determined by the court, | 2 | | shall
be imposed for a second violation of subsection (c) | 3 | | of Section 6-303 of the
Illinois Vehicle Code.
| 4 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), | 5 | | and (4.9) of this
subsection (c), a
minimum term of | 6 | | imprisonment of 30 days or 300 hours of community service, | 7 | | as
determined by the court, shall
be imposed
for a third or | 8 | | subsequent violation of Section 6-303 of the Illinois | 9 | | Vehicle
Code.
| 10 | | (4.5) A minimum term of imprisonment of 30 days
shall | 11 | | be imposed for a third violation of subsection (c) of
| 12 | | Section 6-303 of the Illinois Vehicle Code.
| 13 | | (4.6) Except as provided in paragraph (4.10) of this | 14 | | subsection (c), a minimum term of imprisonment of 180 days | 15 | | shall be imposed for a
fourth or subsequent violation of | 16 | | subsection (c) of Section 6-303 of the
Illinois Vehicle | 17 | | Code.
| 18 | | (4.7) A minimum term of imprisonment of not less than | 19 | | 30 consecutive days, or 300 hours of community service, | 20 | | shall be imposed for a violation of subsection (a-5) of | 21 | | Section 6-303 of the Illinois Vehicle Code, as provided in | 22 | | subsection (b-5) of that Section.
| 23 | | (4.8) A mandatory prison sentence shall be imposed for | 24 | | a second violation of subsection (a-5) of Section 6-303 of | 25 | | the Illinois Vehicle Code, as provided in subsection (c-5) | 26 | | of that Section. The person's driving privileges shall be |
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| 1 | | revoked for a period of not less than 5 years from the date | 2 | | of his or her release from prison.
| 3 | | (4.9) A mandatory prison sentence of not less than 4 | 4 | | and not more than 15 years shall be imposed for a third | 5 | | violation of subsection (a-5) of Section 6-303 of the | 6 | | Illinois Vehicle Code, as provided in subsection (d-2.5) of | 7 | | that Section. The person's driving privileges shall be | 8 | | revoked for the remainder of his or her life.
| 9 | | (4.10) A mandatory prison sentence for a Class 1 felony | 10 | | shall be imposed, and the person shall be eligible for an | 11 | | extended term sentence, for a fourth or subsequent | 12 | | violation of subsection (a-5) of Section 6-303 of the | 13 | | Illinois Vehicle Code, as provided in subsection (d-3.5) of | 14 | | that Section. The person's driving privileges shall be | 15 | | revoked for the remainder of his or her life.
| 16 | | (5) The court may sentence a corporation or | 17 | | unincorporated
association convicted of any offense to:
| 18 | | (A) a period of conditional discharge;
| 19 | | (B) a fine;
| 20 | | (C) make restitution to the victim under Section | 21 | | 5-5-6 of this Code.
| 22 | | (5.1) In addition to any other penalties imposed, and | 23 | | except as provided in paragraph (5.2) or (5.3), a person
| 24 | | convicted of violating subsection (c) of Section 11-907 of | 25 | | the Illinois
Vehicle Code shall have his or her driver's | 26 | | license, permit, or privileges
suspended for at least 90 |
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| 1 | | days but not more than one year, if the violation
resulted | 2 | | in damage to the property of another person.
| 3 | | (5.2) In addition to any other penalties imposed, and | 4 | | except as provided in paragraph (5.3), a person convicted
| 5 | | of violating subsection (c) of Section 11-907 of the | 6 | | Illinois Vehicle Code
shall have his or her driver's | 7 | | license, permit, or privileges suspended for at
least 180 | 8 | | days but not more than 2 years, if the violation resulted | 9 | | in injury
to
another person.
| 10 | | (5.3) In addition to any other penalties imposed, a | 11 | | person convicted of violating subsection (c) of Section
| 12 | | 11-907 of the Illinois Vehicle Code shall have his or her | 13 | | driver's license,
permit, or privileges suspended for 2 | 14 | | years, if the violation resulted in the
death of another | 15 | | person.
| 16 | | (5.4) In addition to any other penalties imposed, a | 17 | | person convicted of violating Section 3-707 of the Illinois | 18 | | Vehicle Code shall have his or her driver's license, | 19 | | permit, or privileges suspended for 3 months and until he | 20 | | or she has paid a reinstatement fee of $100. | 21 | | (5.5) In addition to any other penalties imposed, a | 22 | | person convicted of violating Section 3-707 of the Illinois | 23 | | Vehicle Code during a period in which his or her driver's | 24 | | license, permit, or privileges were suspended for a | 25 | | previous violation of that Section shall have his or her | 26 | | driver's license, permit, or privileges suspended for an |
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| 1 | | additional 6 months after the expiration of the original | 2 | | 3-month suspension and until he or she has paid a | 3 | | reinstatement fee of $100.
| 4 | | (6) (Blank).
| 5 | | (7) (Blank).
| 6 | | (8) (Blank).
| 7 | | (9) A defendant convicted of a second or subsequent | 8 | | offense of ritualized
abuse of a child may be sentenced to | 9 | | a term of natural life imprisonment.
| 10 | | (10) (Blank).
| 11 | | (11) The court shall impose a minimum fine of $1,000 | 12 | | for a first offense
and $2,000 for a second or subsequent | 13 | | offense upon a person convicted of or
placed on supervision | 14 | | for battery when the individual harmed was a sports
| 15 | | official or coach at any level of competition and the act | 16 | | causing harm to the
sports
official or coach occurred | 17 | | within an athletic facility or within the immediate | 18 | | vicinity
of the athletic facility at which the sports | 19 | | official or coach was an active
participant
of the athletic | 20 | | contest held at the athletic facility. For the purposes of
| 21 | | this paragraph (11), "sports official" means a person at an | 22 | | athletic contest
who enforces the rules of the contest, | 23 | | such as an umpire or referee; "athletic facility" means an | 24 | | indoor or outdoor playing field or recreational area where | 25 | | sports activities are conducted;
and "coach" means a person | 26 | | recognized as a coach by the sanctioning
authority that |
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| 1 | | conducted the sporting event. | 2 | | (12) A person may not receive a disposition of court | 3 | | supervision for a
violation of Section 5-16 of the Boat | 4 | | Registration and Safety Act if that
person has previously | 5 | | received a disposition of court supervision for a
violation | 6 | | of that Section.
| 7 | | (13) A person convicted of or placed on court | 8 | | supervision for an assault or aggravated assault when the | 9 | | victim and the offender are family or household members as | 10 | | defined in Section 103 of the Illinois Domestic Violence | 11 | | Act of 1986 or convicted of domestic battery or aggravated | 12 | | domestic battery may be required to attend a Partner Abuse | 13 | | Intervention Program under protocols set forth by the | 14 | | Illinois Department of Human Services under such terms and | 15 | | conditions imposed by the court. The costs of such classes | 16 | | shall be paid by the offender.
| 17 | | (d) In any case in which a sentence originally imposed is | 18 | | vacated,
the case shall be remanded to the trial court. The | 19 | | trial court shall
hold a hearing under Section 5-4-1 of the | 20 | | Unified Code of Corrections
which may include evidence of the | 21 | | defendant's life, moral character and
occupation during the | 22 | | time since the original sentence was passed. The
trial court | 23 | | shall then impose sentence upon the defendant. The trial
court | 24 | | may impose any sentence which could have been imposed at the
| 25 | | original trial subject to Section 5-5-4 of the Unified Code of | 26 | | Corrections.
If a sentence is vacated on appeal or on |
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| 1 | | collateral attack due to the
failure of the trier of fact at | 2 | | trial to determine beyond a reasonable doubt
the
existence of a | 3 | | fact (other than a prior conviction) necessary to increase the
| 4 | | punishment for the offense beyond the statutory maximum | 5 | | otherwise applicable,
either the defendant may be re-sentenced | 6 | | to a term within the range otherwise
provided or, if the State | 7 | | files notice of its intention to again seek the
extended | 8 | | sentence, the defendant shall be afforded a new trial.
| 9 | | (e) In cases where prosecution for
aggravated criminal | 10 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 11 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 12 | | of a defendant
who was a family member of the victim at the | 13 | | time of the commission of the
offense, the court shall consider | 14 | | the safety and welfare of the victim and
may impose a sentence | 15 | | of probation only where:
| 16 | | (1) the court finds (A) or (B) or both are appropriate:
| 17 | | (A) the defendant is willing to undergo a court | 18 | | approved counseling
program for a minimum duration of 2 | 19 | | years; or
| 20 | | (B) the defendant is willing to participate in a | 21 | | court approved plan
including but not limited to the | 22 | | defendant's:
| 23 | | (i) removal from the household;
| 24 | | (ii) restricted contact with the victim;
| 25 | | (iii) continued financial support of the | 26 | | family;
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| 1 | | (iv) restitution for harm done to the victim; | 2 | | and
| 3 | | (v) compliance with any other measures that | 4 | | the court may
deem appropriate; and
| 5 | | (2) the court orders the defendant to pay for the | 6 | | victim's counseling
services, to the extent that the court | 7 | | finds, after considering the
defendant's income and | 8 | | assets, that the defendant is financially capable of
paying | 9 | | for such services, if the victim was under 18 years of age | 10 | | at the
time the offense was committed and requires | 11 | | counseling as a result of the
offense.
| 12 | | Probation may be revoked or modified pursuant to Section | 13 | | 5-6-4; except
where the court determines at the hearing that | 14 | | the defendant violated a
condition of his or her probation | 15 | | restricting contact with the victim or
other family members or | 16 | | commits another offense with the victim or other
family | 17 | | members, the court shall revoke the defendant's probation and
| 18 | | impose a term of imprisonment.
| 19 | | For the purposes of this Section, "family member" and | 20 | | "victim" shall have
the meanings ascribed to them in Section | 21 | | 11-0.1 of the Criminal Code of
2012.
| 22 | | (f) (Blank).
| 23 | | (g) Whenever a defendant is convicted of an offense under | 24 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 25 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 26 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
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| 1 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 2 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012,
the defendant shall undergo medical | 4 | | testing to
determine whether the defendant has any sexually | 5 | | transmissible disease,
including a test for infection with | 6 | | human immunodeficiency virus (HIV) or
any other identified | 7 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 8 | | Any such medical test shall be performed only by appropriately
| 9 | | licensed medical practitioners and may include an analysis of | 10 | | any bodily
fluids as well as an examination of the defendant's | 11 | | person.
Except as otherwise provided by law, the results of | 12 | | such test shall be kept
strictly confidential by all medical | 13 | | personnel involved in the testing and must
be personally | 14 | | delivered in a sealed envelope to the judge of the court in | 15 | | which
the conviction was entered for the judge's inspection in | 16 | | camera. Acting in
accordance with the best interests of the | 17 | | victim and the public, the judge
shall have the discretion to | 18 | | determine to whom, if anyone, the results of the
testing may be | 19 | | revealed. The court shall notify the defendant
of the test | 20 | | results. The court shall
also notify the victim if requested by | 21 | | the victim, and if the victim is under
the age of 15 and if | 22 | | requested by the victim's parents or legal guardian, the
court | 23 | | shall notify the victim's parents or legal guardian of the test
| 24 | | results.
The court shall provide information on the | 25 | | availability of HIV testing
and counseling at Department of | 26 | | Public Health facilities to all parties to
whom the results of |
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| 1 | | the testing are revealed and shall direct the State's
Attorney | 2 | | to provide the information to the victim when possible.
A | 3 | | State's Attorney may petition the court to obtain the results | 4 | | of any HIV test
administered under this Section, and the court | 5 | | shall grant the disclosure if
the State's Attorney shows it is | 6 | | relevant in order to prosecute a charge of
criminal | 7 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 9 | | defendant. The court shall order that the cost of any such test
| 10 | | shall be paid by the county and may be taxed as costs against | 11 | | the convicted
defendant.
| 12 | | (g-5) When an inmate is tested for an airborne communicable | 13 | | disease, as
determined by the Illinois Department of Public | 14 | | Health including but not
limited to tuberculosis, the results | 15 | | of the test shall be
personally delivered by the warden or his | 16 | | or her designee in a sealed envelope
to the judge of the court | 17 | | in which the inmate must appear for the judge's
inspection in | 18 | | camera if requested by the judge. Acting in accordance with the
| 19 | | best interests of those in the courtroom, the judge shall have | 20 | | the discretion
to determine what if any precautions need to be | 21 | | taken to prevent transmission
of the disease in the courtroom.
| 22 | | (h) Whenever a defendant is convicted of an offense under | 23 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 24 | | defendant shall undergo
medical testing to determine whether | 25 | | the defendant has been exposed to human
immunodeficiency virus | 26 | | (HIV) or any other identified causative agent of
acquired |
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| 1 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 2 | | by
law, the results of such test shall be kept strictly | 3 | | confidential by all
medical personnel involved in the testing | 4 | | and must be personally delivered in a
sealed envelope to the | 5 | | judge of the court in which the conviction was entered
for the | 6 | | judge's inspection in camera. Acting in accordance with the | 7 | | best
interests of the public, the judge shall have the | 8 | | discretion to determine to
whom, if anyone, the results of the | 9 | | testing may be revealed. The court shall
notify the defendant | 10 | | of a positive test showing an infection with the human
| 11 | | immunodeficiency virus (HIV). The court shall provide | 12 | | information on the
availability of HIV testing and counseling | 13 | | at Department of Public Health
facilities to all parties to | 14 | | whom the results of the testing are revealed and
shall direct | 15 | | the State's Attorney to provide the information to the victim | 16 | | when
possible. A State's Attorney may petition the court to | 17 | | obtain the results of
any HIV test administered under this | 18 | | Section, and the court shall grant the
disclosure if the | 19 | | State's Attorney shows it is relevant in order to prosecute a
| 20 | | charge of criminal transmission of HIV under Section 12-5.01 or | 21 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 22 | | 2012 against the defendant. The court shall order that the cost | 23 | | of any
such test shall be paid by the county and may be taxed as | 24 | | costs against the
convicted defendant.
| 25 | | (i) All fines and penalties imposed under this Section for | 26 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
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| 1 | | Vehicle Code, or a similar
provision of a local ordinance, and | 2 | | any violation
of the Child Passenger Protection Act, or a | 3 | | similar provision of a local
ordinance, shall be collected and | 4 | | disbursed by the circuit
clerk as provided under Section 27.5 | 5 | | of the Clerks of Courts Act.
| 6 | | (j) In cases when prosecution for any violation of Section | 7 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 8 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 9 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 10 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 11 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 12 | | Code of 2012, any violation of the Illinois Controlled | 13 | | Substances Act,
any violation of the Cannabis Control Act, or | 14 | | any violation of the Methamphetamine Control and Community | 15 | | Protection Act results in conviction, a
disposition of court | 16 | | supervision, or an order of probation granted under
Section 10 | 17 | | of the Cannabis Control Act, Section 410 of the Illinois
| 18 | | Controlled Substances Substance Act, or Section 70 of the | 19 | | Methamphetamine Control and Community Protection Act of a | 20 | | defendant, the court shall determine whether the
defendant is | 21 | | employed by a facility or center as defined under the Child | 22 | | Care
Act of 1969, a public or private elementary or secondary | 23 | | school, or otherwise
works with children under 18 years of age | 24 | | on a daily basis. When a defendant
is so employed, the court | 25 | | shall order the Clerk of the Court to send a copy of
the | 26 | | judgment of conviction or order of supervision or probation to |
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| 1 | | the
defendant's employer by certified mail.
If the employer of | 2 | | the defendant is a school, the Clerk of the Court shall
direct | 3 | | the mailing of a copy of the judgment of conviction or order of
| 4 | | supervision or probation to the appropriate regional | 5 | | superintendent of schools.
The regional superintendent of | 6 | | schools shall notify the State Board of
Education of any | 7 | | notification under this subsection.
| 8 | | (j-5) A defendant at least 17 years of age who is convicted | 9 | | of a felony and
who has not been previously convicted of a | 10 | | misdemeanor or felony and who is
sentenced to a term of | 11 | | imprisonment in the Illinois Department of Corrections
shall as | 12 | | a condition of his or her sentence be required by the court to | 13 | | attend
educational courses designed to prepare the defendant | 14 | | for a high school diploma
and to work toward a high school | 15 | | diploma or to work toward passing the high
school level Test of | 16 | | General Educational Development (GED) or to work toward
| 17 | | completing a vocational training program offered by the | 18 | | Department of
Corrections. If a defendant fails to complete the | 19 | | educational training
required by his or her sentence during the | 20 | | term of incarceration, the Prisoner
Review Board shall, as a | 21 | | condition of mandatory supervised release, require the
| 22 | | defendant, at his or her own expense, to pursue a course of | 23 | | study toward a high
school diploma or passage of the GED test. | 24 | | The Prisoner Review Board shall
revoke the mandatory supervised | 25 | | release of a defendant who wilfully fails to
comply with this | 26 | | subsection (j-5) upon his or her release from confinement in a
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| 1 | | penal institution while serving a mandatory supervised release | 2 | | term; however,
the inability of the defendant after making a | 3 | | good faith effort to obtain
financial aid or pay for the | 4 | | educational training shall not be deemed a wilful
failure to | 5 | | comply. The Prisoner Review Board shall recommit the defendant
| 6 | | whose mandatory supervised release term has been revoked under | 7 | | this subsection
(j-5) as provided in Section 3-3-9. This | 8 | | subsection (j-5) does not apply to a
defendant who has a high | 9 | | school diploma or has successfully passed the GED
test. This | 10 | | subsection (j-5) does not apply to a defendant who is | 11 | | determined by
the court to be developmentally disabled or | 12 | | otherwise mentally incapable of
completing the educational or | 13 | | vocational program.
| 14 | | (k) (Blank).
| 15 | | (l) (A) Except as provided
in paragraph (C) of subsection | 16 | | (l), whenever a defendant,
who is an alien as defined by | 17 | | the Immigration and Nationality Act, is convicted
of any | 18 | | felony or misdemeanor offense, the court after sentencing | 19 | | the defendant
may, upon motion of the State's Attorney, | 20 | | hold sentence in abeyance and remand
the defendant to the | 21 | | custody of the Attorney General of
the United States or his | 22 | | or her designated agent to be deported when:
| 23 | | (1) a final order of deportation has been issued | 24 | | against the defendant
pursuant to proceedings under | 25 | | the Immigration and Nationality Act, and
| 26 | | (2) the deportation of the defendant would not |
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| 1 | | deprecate the seriousness
of the defendant's conduct | 2 | | and would not be inconsistent with the ends of
justice.
| 3 | | Otherwise, the defendant shall be sentenced as | 4 | | provided in this Chapter V.
| 5 | | (B) If the defendant has already been sentenced for a | 6 | | felony or
misdemeanor
offense, or has been placed on | 7 | | probation under Section 10 of the Cannabis
Control Act,
| 8 | | Section 410 of the Illinois Controlled Substances Act, or | 9 | | Section 70 of the Methamphetamine Control and Community | 10 | | Protection Act, the court
may, upon motion of the State's | 11 | | Attorney to suspend the
sentence imposed, commit the | 12 | | defendant to the custody of the Attorney General
of the | 13 | | United States or his or her designated agent when:
| 14 | | (1) a final order of deportation has been issued | 15 | | against the defendant
pursuant to proceedings under | 16 | | the Immigration and Nationality Act, and
| 17 | | (2) the deportation of the defendant would not | 18 | | deprecate the seriousness
of the defendant's conduct | 19 | | and would not be inconsistent with the ends of
justice.
| 20 | | (C) This subsection (l) does not apply to offenders who | 21 | | are subject to the
provisions of paragraph (2) of | 22 | | subsection (a) of Section 3-6-3.
| 23 | | (D) Upon motion of the State's Attorney, if a defendant | 24 | | sentenced under
this Section returns to the jurisdiction of | 25 | | the United States, the defendant
shall be recommitted to | 26 | | the custody of the county from which he or she was
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| 1 | | sentenced.
Thereafter, the defendant shall be brought | 2 | | before the sentencing court, which
may impose any sentence | 3 | | that was available under Section 5-5-3 at the time of
| 4 | | initial sentencing. In addition, the defendant shall not be | 5 | | eligible for
additional sentence credit for good conduct as | 6 | | provided under
Section 3-6-3.
| 7 | | (m) A person convicted of criminal defacement of property | 8 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 9 | | Criminal Code of 2012, in which the property damage exceeds | 10 | | $300
and the property damaged is a school building, shall be | 11 | | ordered to perform
community service that may include cleanup, | 12 | | removal, or painting over the
defacement.
| 13 | | (n) The court may sentence a person convicted of a | 14 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 15 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 16 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 17 | | incarceration program if the person is otherwise eligible for | 18 | | that program
under Section 5-8-1.1, (ii) to community service, | 19 | | or (iii) if the person is an
addict or alcoholic, as defined in | 20 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 21 | | substance or alcohol abuse program licensed under that
Act. | 22 | | (o) Whenever a person is convicted of a sex offense as | 23 | | defined in Section 2 of the Sex Offender Registration Act, the | 24 | | defendant's driver's license or permit shall be subject to | 25 | | renewal on an annual basis in accordance with the provisions of | 26 | | license renewal established by the Secretary of State.
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| 1 | | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | 2 | | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | 3 | | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | 4 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 5 | | 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | 6 | | 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | 7 | | eff. 1-25-13; revised 11-12-13.)
| 8 | | (730 ILCS 5/5-8-1.2)
| 9 | | Sec. 5-8-1.2. County impact incarceration.
| 10 | | (a) Legislative intent. It is the finding of the General | 11 | | Assembly that
certain non-violent offenders eligible for | 12 | | sentences of incarceration may
benefit from the rehabilitative | 13 | | aspects of a county impact incarceration
program. It is the | 14 | | intent of the General Assembly that such programs be
| 15 | | implemented as provided by this Section. This Section shall not | 16 | | be construed
to allow violent offenders to participate in a | 17 | | county impact incarceration
program.
| 18 | | (b) Under the direction of the Sheriff and with the | 19 | | approval of the County
Board of Commissioners, the Sheriff, in | 20 | | any county with more than 3,000,000
inhabitants, may establish | 21 | | and operate a county impact incarceration program
for eligible | 22 | | offenders. If the court finds under Section 5-4-1 that an
| 23 | | offender convicted of a felony meets the eligibility | 24 | | requirements of the
Sheriff's county impact incarceration | 25 | | program, the court may sentence the
offender to the county |
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| 1 | | impact incarceration program. The Sheriff shall be
responsible | 2 | | for monitoring all offenders who are sentenced to the county | 3 | | impact
incarceration program, including the mandatory period | 4 | | of monitored release
following the 120 to 180 days of impact | 5 | | incarceration.
Offenders assigned to the county impact | 6 | | incarceration program under an
intergovernmental agreement | 7 | | between the county and the Illinois Department of
Corrections | 8 | | are exempt from the provisions of this mandatory period of
| 9 | | monitored
release.
In the event the
offender is not accepted | 10 | | for placement in the county impact incarceration
program, the | 11 | | court shall proceed to sentence the offender to any other
| 12 | | disposition authorized by this Code.
If the offender does not | 13 | | successfully
complete the program, the offender's failure to do | 14 | | so shall constitute a
violation of the sentence to the county | 15 | | impact incarceration program.
| 16 | | (c) In order to be eligible to be sentenced to a county | 17 | | impact incarceration
program by the court, the person shall | 18 | | meet all of the following requirements:
| 19 | | (1) the person must be not less than 17 years of age | 20 | | nor more than 35
years of age;
| 21 | | (2) The person has not previously participated in the | 22 | | impact incarceration
program and has not previously served | 23 | | more than one prior sentence of
imprisonment for a felony | 24 | | in an adult correctional facility;
| 25 | | (3) The person has not been convicted of a Class X | 26 | | felony, first or second
degree murder, armed violence, |
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| 1 | | aggravated kidnapping, criminal sexual assault,
aggravated | 2 | | criminal sexual abuse or a subsequent conviction for | 3 | | criminal sexual
abuse, forcible detention, or arson , | 4 | | unlawful use or possession of weapons by felons or
persons | 5 | | in the custody of the
Department of Corrections facilities, | 6 | | aggravated unlawful use of a weapon by a person who has | 7 | | been previously
convicted of a felony in this State or | 8 | | another jurisdiction, or unlawful possession of a firearm | 9 | | by a street gang member and has not been convicted | 10 | | previously of
any of those offenses.
| 11 | | (4) The person has been found in violation of probation | 12 | | for an offense
that is a Class 2, 3, or 4 felony that is not | 13 | | a forcible felony as defined in
Section 2-8 of the Criminal | 14 | | Code of 2012 or a violent crime as defined in
subsection | 15 | | (c) of Section 3 of the Rights of Crime Victims and | 16 | | Witnesses Act
who
otherwise could be sentenced to a term of | 17 | | incarceration; or the person is
convicted of an offense | 18 | | that is a Class 2, 3, or 4 felony that is not a
forcible | 19 | | felony as defined in Section 2-8 of the Criminal Code of | 20 | | 2012 or a
violent crime as defined in subsection (c) of | 21 | | Section 3 of the Rights of Crime
Victims and Witnesses Act | 22 | | who has previously served a sentence of probation for
any | 23 | | felony offense and who otherwise could be sentenced to a | 24 | | term of
incarceration.
| 25 | | (5) The person must be physically able to participate | 26 | | in strenuous
physical
activities or labor.
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| 1 | | (6) The person must not have any mental disorder or | 2 | | disability that would
prevent participation in a county | 3 | | impact incarceration program.
| 4 | | (7) The person was recommended and approved for | 5 | | placement in the county
impact incarceration program by the | 6 | | Sheriff and consented in writing to
participation in the | 7 | | county impact incarceration program and to the terms and
| 8 | | conditions of the program. The Sheriff may consider, among | 9 | | other matters,
whether the
person has any outstanding | 10 | | detainers or warrants, whether the person has a
history of | 11 | | escaping or absconding, whether participation in the
| 12 | | county impact incarceration program may pose
a risk to the | 13 | | safety or security of any person and whether space is
| 14 | | available.
| 15 | | (c) The county impact incarceration program shall include, | 16 | | among other
matters, mandatory physical training and labor, | 17 | | military formation and drills,
regimented activities, | 18 | | uniformity of dress and appearance, education and
counseling, | 19 | | including drug counseling where appropriate.
| 20 | | (d) Privileges including visitation, commissary, receipt | 21 | | and retention of
property and publications and access to | 22 | | television, radio, and a library may be
suspended or | 23 | | restricted, notwithstanding provisions to the contrary in this
| 24 | | Code.
| 25 | | (e) The Sheriff shall issue written rules and requirements | 26 | | for the program.
Persons shall be informed of rules of behavior |
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| 1 | | and conduct. Persons
participating in the county impact | 2 | | incarceration program shall adhere to all
rules and all | 3 | | requirements of the program.
| 4 | | (f) Participation in the county impact incarceration | 5 | | program shall be for a
period of 120 to 180 days followed by a | 6 | | mandatory term of monitored release
for at least 8 months and | 7 | | no more than 12 months supervised by the Sheriff.
The period of | 8 | | time a person shall serve in the impact incarceration program
| 9 | | shall not be reduced by the accumulation of good time. The | 10 | | court may also
sentence the person to a period of probation to | 11 | | commence at the successful
completion of the county impact | 12 | | incarceration program.
| 13 | | (g) If the person successfully completes the county impact | 14 | | incarceration
program, the Sheriff shall certify the person's | 15 | | successful completion of the
program to the court and to the | 16 | | county's State's Attorney. Upon successful
completion of the | 17 | | county impact incarceration program and mandatory
term of | 18 | | monitored release and if there is an additional period of | 19 | | probation
given, the person shall at that time begin his or her | 20 | | probationary sentence
under the supervision of the Adult | 21 | | Probation Department.
| 22 | | (h) A person may be removed from the county impact | 23 | | incarceration program for
a violation of the terms or
| 24 | | conditions of the program or in the event he or she is for any | 25 | | reason unable to
participate. The failure to complete the | 26 | | program for any reason, including the
8 to 12 month monitored |
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| 1 | | release period, shall be deemed a violation of the
county | 2 | | impact incarceration sentence. The Sheriff shall give notice to | 3 | | the
State's Attorney of the person's failure to complete the | 4 | | program. The Sheriff
shall file a petition for violation of the | 5 | | county impact incarceration sentence
with the court and the | 6 | | State's Attorney may proceed on the petition under
Section | 7 | | 5-6-4 of this Code. The Sheriff shall promulgate rules and | 8 | | regulations
governing conduct which could result in removal | 9 | | from the program or in a
determination that the person has not | 10 | | successfully completed the program.
| 11 | | The mandatory conditions of every county impact | 12 | | incarceration sentence
shall
include that the person either | 13 | | while in the program or during the period of
monitored release:
| 14 | | (1) not violate any criminal statute of any | 15 | | jurisdiction;
| 16 | | (2) report or appear in person before any such person | 17 | | or agency as
directed by the court or the Sheriff;
| 18 | | (3) refrain from possessing a firearm or other | 19 | | dangerous weapon;
| 20 | | (4) not leave the State without the consent of the | 21 | | court or, in
circumstances in which the reason for the | 22 | | absence is of such an emergency
nature that prior consent | 23 | | by the court is not possible, without the prior
| 24 | | notification and approval of the Sheriff; and
| 25 | | (5) permit representatives of the Sheriff to visit at | 26 | | the person's home or
elsewhere to the extent necessary for |
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| 1 | | the Sheriff to monitor compliance with
the program. Persons | 2 | | shall have access to such rules, which shall provide that
a | 3 | | person shall receive notice of any such violation.
| 4 | | (i) The Sheriff may terminate the county impact | 5 | | incarceration program at
any time.
| 6 | | (j) The Sheriff shall report to the county board on or | 7 | | before September
30th of each year on the county impact | 8 | | incarceration program, including the
composition of the | 9 | | program by the offenders, by county of commitment, sentence,
| 10 | | age, offense, and race.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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