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90_HB0163eng
725 ILCS 205/1.01 from Ch. 38, par. 105-1.01
725 ILCS 205/3 from Ch. 38, par. 105-3
725 ILCS 205/5 from Ch. 38, par. 105-5
725 ILCS 205/8 from Ch. 38, par. 105-8
730 ILCS 5/3-14-2 from Ch. 38, par. 1003-14-2
Amends the Sexually Dangerous Persons Act. Defines sex
offense. Provides for the commitment of a person as sexually
dangerous who has been convicted of a sex offense,
adjudicated delinquent for a sex offense, found unfit to
stand trial for a sex offense, or found not guilty by reason
of insanity for a sex offense. Present law only permits
persons charged with criminal offenses to be committed as
sexually dangerous. Requires annual psychiatric examinations
of persons committed as sexually dangerous. Amends the
Unified Code of Corrections. Provides that the Department of
Corrections shall assign at least one parole officer for
every 50 persons committed as sexually dangerous.
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1 AN ACT in relation to sexually dangerous persons,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sexually Dangerous Persons Act is amended
6 by changing Sections 1.01, 3, 5, and 8 as follows:
7 (725 ILCS 205/1.01) (from Ch. 38, par. 105-1.01)
8 Sec. 1.01. As used in this Act:
9 "Sexually dangerous person" means a person All persons
10 suffering from a mental disorder, which mental disorder has
11 existed for a period of not less than one year, immediately
12 before prior to the filing of the petition hereinafter
13 provided for in Section 3, coupled with criminal propensities
14 to the commission of sex offenses, and who has have
15 demonstrated propensities toward acts of sexual assault or
16 acts of sexual molestation of children, are hereby declared
17 sexually dangerous persons.
18 (Source: Laws 1955, p. 1144.)
19 (725 ILCS 205/3) (from Ch. 38, par. 105-3)
20 Sec. 3. Petition.
21 (a) When any person has been:
22 (1) charged pursuant to Illinois law, or any
23 substantially similar federal law or law under this
24 State, with a criminal offense or the attempt to commit a
25 criminal offense; or
26 (2) is convicted of a criminal offense or an
27 attempt to commit a criminal offense and is about to be
28 released; or
29 (3) is found not guilty by reason of insanity of a
30 criminal offense or an attempt to commit a criminal
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1 offense and is about to be released; or
2 (4) is found not guilty by reason of insanity
3 pursuant to Section 104-25(c) of the Code of Criminal
4 Procedure of 1963 of a criminal offense or an attempt to
5 commit a criminal offense and is about to be released; or
6 (5) is the subject of a finding not resulting in an
7 acquittal at a hearing conducted pursuant to Section
8 104-25(a) of the Code of Criminal Procedure of 1963 for
9 the alleged commission or attempted commission of a
10 criminal offense and is about to be released; or
11 (6) is found not guilty by reason of insanity
12 following a hearing conducted pursuant to a federal or
13 sister state law substantially similar to Section
14 104-25(c) of the Code of Criminal Procedure of 1963 of a
15 criminal offense or of the attempted commission of a
16 criminal offense and is about to be released; or
17 (7) is the subject of a finding not resulting in an
18 acquittal at a hearing conducted pursuant to a federal
19 law or law of another state substantially similar to
20 Section 104-25(a) of the Code of Criminal Procedure of
21 1963 for the alleged violation or attempted commission of
22 a criminal offense and is about to be released; or
23 (8) is adjudicated a delinquent minor; and
24 (b) it shall appear to the Attorney General or to the
25 State's Attorney of the county where the person is as
26 described in any of paragraphs (1) through (8) of subsection
27 (a), that the person is a sexually dangerous person, within
28 the meaning of this Act; then the Attorney General or State's
29 Attorney of that county may file with the clerk of the court
30 in the same proceeding where the person stands charged with a
31 criminal offense or in a separate proceeding, if the person
32 has been convicted of a criminal offense or as described in
33 any paragraphs (1) through (8) of subsection (a), a petition
34 in writing setting forth facts tending to show that the
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1 person named is a sexually dangerous person. When any person
2 is charged with a criminal offense and it shall appear to the
3 Attorney General or to the State's Attorney of the county
4 wherein such person is so charged, that such person is a
5 sexually dangerous person, within the meaning of this Act,
6 then the Attorney General or State's Attorney of such county
7 may file with the clerk of the court in the same proceeding
8 wherein such person stands charged with criminal offense, a
9 petition in writing setting forth facts tending to show that
10 the person named is a sexually dangerous person.
11 (Source: Laws 1955, p. 1144.)
12 (725 ILCS 205/5) (from Ch. 38, par. 105-5)
13 Sec. 5. The respondent in any proceedings under this Act
14 shall have the right to demand a trial by jury and to be
15 represented by counsel. At the hearing on the petition it
16 shall be competent to introduce evidence of the commission by
17 the respondent of any number of sex offenses crimes together
18 with whatever punishments, if any, were inflicted.
19 (Source: Laws 1955, p. 1144.)
20 (725 ILCS 205/8) (from Ch. 38, par. 105-8)
21 Sec. 8. If the respondent is found to be a sexually
22 dangerous person then the court shall appoint the Director of
23 Corrections guardian of the person found to be sexually
24 dangerous and such person shall stand committed to the
25 custody of such guardian. The Director of Corrections as
26 guardian shall keep safely the person so committed until the
27 person has recovered and is released as hereinafter provided.
28 The Director of Corrections as guardian shall provide care
29 and treatment for the person committed to him or her designed
30 to effect recovery. The Director may place that ward in any
31 facility in the Department of Corrections or portion of that
32 facility thereof set aside for the care and treatment of
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1 sexually dangerous persons. The Department of Corrections may
2 also request another state Department or Agency to examine
3 the such patient and upon such request, the such Department
4 or Agency shall make the such examination and the Department
5 of Corrections may, with the consent of the chief executive
6 officer of the such other Department or Agency, thereupon
7 place the such patient in the care and treatment of that such
8 other Department or Agency.
9 A person committed under this Act as a sexually dangerous
10 person shall have a current examination of his or her mental
11 condition made at least once every year. The person may
12 retain, or if he or she is indigent and so requests, the
13 court may appoint, a psychiatrist to examine him or her, and
14 the psychiatrist shall have access to all records concerning
15 the person. The periodic report shall be provided to the
16 court that committed the person under this Act.
17 (Source: P.A. 77-2477.)
18 Section 10. The Unified Code of Corrections is amended
19 by changing Sections 3-14-2 and 5-4-1 as follows:
20 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
21 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
22 Release and Release by Statute.
23 (a) The Department shall retain custody of all persons
24 placed on parole or mandatory supervised release or released
25 pursuant to Section 3-3-10 of this Code and shall supervise
26 such persons during their parole or release period in accord
27 with the conditions set by the Prisoner Review Board. Such
28 conditions shall include referral to an alcohol or drug abuse
29 treatment program, as appropriate, if such person has
30 previously been identified as having an alcohol or drug abuse
31 problem. Such conditions may include that the person use an
32 approved electronic monitoring device subject to Article 8A
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1 of Chapter V.
2 (b) The Department shall assign personnel to assist
3 persons eligible for parole in preparing a parole plan. Such
4 Department personnel shall make a report of their efforts and
5 findings to the Prisoner Review Board prior to its
6 consideration of the case of such eligible person. The
7 Department shall assign at least one parole officer for every
8 50 persons committed as sexually dangerous persons under the
9 Sexually Dangerous Persons Act.
10 (c) A copy of the conditions of his parole or release
11 shall be signed by the parolee or releasee and given to him
12 and to his supervising officer who shall report on his
13 progress under the rules and regulations of the Prisoner
14 Review Board. The supervising officer shall report violations
15 to the Prisoner Review Board and shall have the full power of
16 peace officers in the arrest and retaking of any parolees or
17 releasees or the officer may request the Department to issue
18 a warrant for the arrest of any parolee or releasee who has
19 allegedly violated his parole or release conditions. If the
20 parolee or releasee commits an act that constitutes a felony
21 using a firearm or knife, the officer shall request the
22 Department to issue a warrant and the Department shall issue
23 the warrant and the officer or the Department shall file a
24 violation report with notice of charges with the Prisoner
25 Review Board. A sheriff or other peace officer may detain an
26 alleged parole or release violator until a warrant for his
27 return to the Department can be issued. The parolee or
28 releasee may be delivered to any secure place until he can be
29 transported to the Department.
30 (d) The supervising officer shall regularly advise and
31 consult with the parolee or releasee, assist him in adjusting
32 to community life, inform him of the restoration of his
33 rights on successful completion of sentence under Section
34 5-5-5.
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1 (e) Supervising officers shall receive specialized
2 training in the special needs of female releasees or parolees
3 including the family reunification process.
4 (f) The supervising officer shall keep such records as
5 the Prisoner Review Board or Department may require. All
6 records shall be entered in the master file of the
7 individual.
8 (Source: P.A. 86-661; 86-1281; 87-855.)
9 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 5-4-1. Sentencing Hearing.
12 (a) Except when the death penalty is sought under
13 hearing procedures otherwise specified, after a determination
14 of guilt, a hearing shall be held to impose the sentence.
15 However, prior to the imposition of sentence on an individual
16 being sentenced for an offense based upon a charge for a
17 violation of Section 11-501 of The Illinois Vehicle Code or a
18 similar provision of a local ordinance, the individual must
19 undergo a professional evaluation to determine if an alcohol
20 or other drug abuse problem exists and the extent of such a
21 problem. Programs conducting these evaluations shall be
22 licensed by the Department of Alcoholism and Substance Abuse.
23 However, if the individual is not a resident of Illinois, the
24 court may, in its discretion, accept an evaluation from a
25 program in the state of such individual's residence. The
26 court may in its sentencing order approve an eligible
27 defendant for placement in a Department of Corrections impact
28 incarceration program as provided in Section 5-8-1.1. At the
29 hearing the court shall:
30 (1) consider the evidence, if any, received upon
31 the trial;
32 (2) consider any presentence reports;
33 (3) consider the financial impact of incarceration
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1 based on the financial impact statement filed with the
2 clerk of the court by the Department of Corrections;
3 (4) consider evidence and information offered by
4 the parties in aggravation and mitigation;
5 (5) hear arguments as to sentencing alternatives;
6 (6) afford the defendant the opportunity to make a
7 statement in his own behalf;
8 (7) afford the victim of a violent crime or a
9 violation of Section 11-501 of the Illinois Vehicle Code,
10 or a similar provision of a local ordinance, committed by
11 the defendant the opportunity to make a statement
12 concerning the impact on the victim and to offer evidence
13 in aggravation or mitigation; provided that the statement
14 and evidence offered in aggravation or mitigation must
15 first be prepared in writing in conjunction with the
16 State's Attorney before it may be presented orally at the
17 hearing. Any sworn testimony offered by the victim is
18 subject to the defendant's right to cross-examine. All
19 statements and evidence offered under this paragraph (7)
20 shall become part of the record of the court; and
21 (8) in cases of reckless homicide afford the
22 victim's spouse, guardians, parents or other immediate
23 family members an opportunity to make oral statements.
24 (b) All sentences shall be imposed by the judge based
25 upon his independent assessment of the elements specified
26 above and any agreement as to sentence reached by the
27 parties. The judge who presided at the trial or the judge
28 who accepted the plea of guilty shall impose the sentence
29 unless he is no longer sitting as a judge in that court.
30 Where the judge does not impose sentence at the same time on
31 all defendants who are convicted as a result of being
32 involved in the same offense, the defendant or the State's
33 attorney may advise the sentencing court of the disposition
34 of any other defendants who have been sentenced.
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1 (c) In imposing a sentence for a violent crime or for an
2 offense of operating or being in physical control of a
3 vehicle while under the influence of alcohol, any other drug
4 or any combination thereof, or a similar provision of a local
5 ordinance, when such offense resulted in the personal injury
6 to someone other than the defendant, the trial judge shall
7 specify on the record the particular evidence, information,
8 factors in mitigation and aggravation or other reasons that
9 led to his sentencing determination. The full verbatim record
10 of the sentencing hearing shall be filed with the clerk of
11 the court and shall be a public record.
12 (c-1) In imposing a sentence for the offense of
13 aggravated kidnapping for ransom, home invasion, armed
14 robbery, aggravated vehicular hijacking, aggravated discharge
15 of a firearm, or armed violence with a category I weapon or
16 category II weapon, the trial judge shall make a finding as
17 to whether the conduct leading to conviction for the offense
18 resulted in great bodily harm to a victim, and shall enter
19 that finding and the basis for that finding in the record.
20 (c-2) If the defendant is sentenced to prison, other
21 than when a sentence of natural life imprisonment or a
22 sentence of death is imposed, at the time the sentence is
23 imposed the judge shall state on the record in open court the
24 approximate period of time the defendant will serve in
25 custody according to the then current statutory rules and
26 regulations for early release found in Section 3-6-3 and
27 other related provisions of this Code. This statement is
28 intended solely to inform the public, has no legal effect on
29 the defendant's actual release, and may not be relied on by
30 the defendant on appeal.
31 The judge's statement, to be given after pronouncing the
32 sentence, other than when the sentence is imposed for one of
33 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
34 shall include the following:
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1 "The purpose of this statement is to inform the public of
2 the actual period of time this defendant is likely to spend
3 in prison as a result of this sentence. The actual period of
4 prison time served is determined by the statutes of Illinois
5 as applied to this sentence by the Illinois Department of
6 Corrections and the Illinois Prisoner Review Board. In this
7 case, assuming the defendant receives all of his or her good
8 conduct credit, the period of estimated actual custody is ...
9 years and ... months, less up to 180 days additional good
10 conduct credit for meritorious service. If the defendant,
11 because of his or her own misconduct or failure to comply
12 with the institutional regulations, does not receive those
13 credits, the actual time served in prison will be longer.
14 The defendant may also receive an additional one-half day
15 good conduct credit for each day of participation in
16 vocational, industry, substance abuse, and educational
17 programs as provided for by Illinois statute."
18 When the sentence is imposed for one of the offenses
19 enumerated in paragraph (a)(3) of Section 3-6-3, other than
20 when the sentence is imposed for one of the offenses
21 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
22 or after the effective date of this amendatory Act of 1995,
23 the judge's statement, to be given after pronouncing the
24 sentence, shall include the following:
25 "The purpose of this statement is to inform the public of
26 the actual period of time this defendant is likely to spend
27 in prison as a result of this sentence. The actual period of
28 prison time served is determined by the statutes of Illinois
29 as applied to this sentence by the Illinois Department of
30 Corrections and the Illinois Prisoner Review Board. In this
31 case, assuming the defendant receives all of his or her good
32 conduct credit, the period of estimated actual custody is ...
33 years and ... months, less up to 90 days additional good
34 conduct credit for meritorious service. If the defendant,
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1 because of his or her own misconduct or failure to comply
2 with the institutional regulations, does not receive those
3 credits, the actual time served in prison will be longer.
4 The defendant may also receive an additional one-half day
5 good conduct credit for each day of participation in
6 vocational, industry, substance abuse, and educational
7 programs as provided for by Illinois statute."
8 When the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3, other than
10 first degree murder, and the offense was committed on or
11 after the effective date of this amendatory Act of 1995, the
12 judge's statement, to be given after pronouncing the
13 sentence, shall include the following:
14 "The purpose of this statement is to inform the public of
15 the actual period of time this defendant is likely to spend
16 in prison as a result of this sentence. The actual period of
17 prison time served is determined by the statutes of Illinois
18 as applied to this sentence by the Illinois Department of
19 Corrections and the Illinois Prisoner Review Board. In this
20 case, the defendant is entitled to no more than 4 1/2 days of
21 good conduct credit for each month of his or her sentence of
22 imprisonment. Therefore, this defendant will serve at least
23 85% of his or her sentence. Assuming the defendant receives
24 4 1/2 days credit for each month of his or her sentence, the
25 period of estimated actual custody is ... years and ...
26 months. If the defendant, because of his or her own
27 misconduct or failure to comply with the institutional
28 regulations receives lesser credit, the actual time served in
29 prison will be longer."
30 When a sentence of imprisonment is imposed for first
31 degree murder and the offense was committed on or after the
32 effective date of this amendatory Act of 1995, the judge's
33 statement, to be given after pronouncing the sentence, shall
34 include the following:
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1 "The purpose of this statement is to inform the public of
2 the actual period of time this defendant is likely to spend
3 in prison as a result of this sentence. The actual period of
4 prison time served is determined by the statutes of Illinois
5 as applied to this sentence by the Illinois Department of
6 Corrections and the Illinois Prisoner Review Board. In this
7 case, the defendant is not entitled to good conduct credit.
8 Therefore, this defendant will serve 100% of his or her
9 sentence."
10 (c-3) When the court sentences a defendant who is
11 subject to the provisions of the Sexually Dangerous Persons
12 Act, it shall at the time of sentencing inform the defendant
13 that he or she: (1) is subject to the provisions of the
14 Sexually Dangerous Persons Act; (2) may be subject to
15 continued confinement after the completion of the sentence
16 for which he or she has been convicted if it is determined
17 that the defendant is a sexually dangerous person and poses a
18 risk of harm to other persons; and (3) may at his or her
19 request receive psychiatric treatment during his or her
20 incarceration as deemed appropriate by the Department of
21 Corrections following a psychiatric evaluation.
22 (d) When the defendant is committed to the Department of
23 Corrections, the State's Attorney shall and counsel for the
24 defendant may file a statement with the clerk of the court to
25 be transmitted to the department, agency or institution to
26 which the defendant is committed to furnish such department,
27 agency or institution with the facts and circumstances of the
28 offense for which the person was committed together with all
29 other factual information accessible to them in regard to the
30 person prior to his commitment relative to his habits,
31 associates, disposition and reputation and any other facts
32 and circumstances which may aid such department, agency or
33 institution during its custody of such person. The clerk
34 shall within 10 days after receiving any such statements
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1 transmit a copy to such department, agency or institution and
2 a copy to the other party, provided, however, that this shall
3 not be cause for delay in conveying the person to the
4 department, agency or institution to which he has been
5 committed.
6 (e) The clerk of the court shall transmit to the
7 department, agency or institution, if any, to which the
8 defendant is committed, the following:
9 (1) the sentence imposed;
10 (2) any statement by the court of the basis for
11 imposing the sentence;
12 (3) any presentence reports;
13 (4) the number of days, if any, which the defendant
14 has been in custody and for which he is entitled to
15 credit against the sentence, which information shall be
16 provided to the clerk by the sheriff;
17 (4.1) any finding of great bodily harm made by the
18 court with respect to an offense enumerated in subsection
19 (c-1);
20 (5) all statements filed under subsection (d) of
21 this Section;
22 (6) any medical or mental health records or
23 summaries of the defendant;
24 (7) the municipality where the arrest of the
25 offender or the commission of the offense has occurred,
26 where such municipality has a population of more than
27 25,000 persons;
28 (8) all statements made and evidence offered under
29 paragraph (7) of subsection (a) of this Section; and
30 (9) all additional matters which the court directs
31 the clerk to transmit.
32 (Source: P.A. 89-404, eff. 8-20-95.)
33 (Text of Section after amendment by P.A. 89-507)
34 Sec. 5-4-1. Sentencing Hearing.
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1 (a) Except when the death penalty is sought under
2 hearing procedures otherwise specified, after a determination
3 of guilt, a hearing shall be held to impose the sentence.
4 However, prior to the imposition of sentence on an individual
5 being sentenced for an offense based upon a charge for a
6 violation of Section 11-501 of the Illinois Vehicle Code or a
7 similar provision of a local ordinance, the individual must
8 undergo a professional evaluation to determine if an alcohol
9 or other drug abuse problem exists and the extent of such a
10 problem. Programs conducting these evaluations shall be
11 licensed by the Department of Human Services. However, if
12 the individual is not a resident of Illinois, the court may,
13 in its discretion, accept an evaluation from a program in the
14 state of such individual's residence. The court may in its
15 sentencing order approve an eligible defendant for placement
16 in a Department of Corrections impact incarceration program
17 as provided in Section 5-8-1.1. At the hearing the court
18 shall:
19 (1) consider the evidence, if any, received upon
20 the trial;
21 (2) consider any presentence reports;
22 (3) consider the financial impact of incarceration
23 based on the financial impact statement filed with the
24 clerk of the court by the Department of Corrections;
25 (4) consider evidence and information offered by
26 the parties in aggravation and mitigation;
27 (5) hear arguments as to sentencing alternatives;
28 (6) afford the defendant the opportunity to make a
29 statement in his own behalf;
30 (7) afford the victim of a violent crime or a
31 violation of Section 11-501 of the Illinois Vehicle Code,
32 or a similar provision of a local ordinance, committed by
33 the defendant the opportunity to make a statement
34 concerning the impact on the victim and to offer evidence
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1 in aggravation or mitigation; provided that the statement
2 and evidence offered in aggravation or mitigation must
3 first be prepared in writing in conjunction with the
4 State's Attorney before it may be presented orally at the
5 hearing. Any sworn testimony offered by the victim is
6 subject to the defendant's right to cross-examine. All
7 statements and evidence offered under this paragraph (7)
8 shall become part of the record of the court; and
9 (8) in cases of reckless homicide afford the
10 victim's spouse, guardians, parents or other immediate
11 family members an opportunity to make oral statements.
12 (b) All sentences shall be imposed by the judge based
13 upon his independent assessment of the elements specified
14 above and any agreement as to sentence reached by the
15 parties. The judge who presided at the trial or the judge
16 who accepted the plea of guilty shall impose the sentence
17 unless he is no longer sitting as a judge in that court.
18 Where the judge does not impose sentence at the same time on
19 all defendants who are convicted as a result of being
20 involved in the same offense, the defendant or the State's
21 attorney may advise the sentencing court of the disposition
22 of any other defendants who have been sentenced.
23 (c) In imposing a sentence for a violent crime or for an
24 offense of operating or being in physical control of a
25 vehicle while under the influence of alcohol, any other drug
26 or any combination thereof, or a similar provision of a local
27 ordinance, when such offense resulted in the personal injury
28 to someone other than the defendant, the trial judge shall
29 specify on the record the particular evidence, information,
30 factors in mitigation and aggravation or other reasons that
31 led to his sentencing determination. The full verbatim record
32 of the sentencing hearing shall be filed with the clerk of
33 the court and shall be a public record.
34 (c-1) In imposing a sentence for the offense of
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1 aggravated kidnapping for ransom, home invasion, armed
2 robbery, aggravated vehicular hijacking, aggravated discharge
3 of a firearm, or armed violence with a category I weapon or
4 category II weapon, the trial judge shall make a finding as
5 to whether the conduct leading to conviction for the offense
6 resulted in great bodily harm to a victim, and shall enter
7 that finding and the basis for that finding in the record.
8 (c-2) If the defendant is sentenced to prison, other
9 than when a sentence of natural life imprisonment or a
10 sentence of death is imposed, at the time the sentence is
11 imposed the judge shall state on the record in open court the
12 approximate period of time the defendant will serve in
13 custody according to the then current statutory rules and
14 regulations for early release found in Section 3-6-3 and
15 other related provisions of this Code. This statement is
16 intended solely to inform the public, has no legal effect on
17 the defendant's actual release, and may not be relied on by
18 the defendant on appeal.
19 The judge's statement, to be given after pronouncing the
20 sentence, other than when the sentence is imposed for one of
21 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
22 shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, assuming the defendant receives all of his or her good
30 conduct credit, the period of estimated actual custody is ...
31 years and ... months, less up to 180 days additional good
32 conduct credit for meritorious service. If the defendant,
33 because of his or her own misconduct or failure to comply
34 with the institutional regulations, does not receive those
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1 credits, the actual time served in prison will be longer.
2 The defendant may also receive an additional one-half day
3 good conduct credit for each day of participation in
4 vocational, industry, substance abuse, and educational
5 programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(3) of Section 3-6-3, other than
8 when the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
10 or after the effective date of this amendatory Act of 1995,
11 the judge's statement, to be given after pronouncing the
12 sentence, shall include the following:
13 "The purpose of this statement is to inform the public of
14 the actual period of time this defendant is likely to spend
15 in prison as a result of this sentence. The actual period of
16 prison time served is determined by the statutes of Illinois
17 as applied to this sentence by the Illinois Department of
18 Corrections and the Illinois Prisoner Review Board. In this
19 case, assuming the defendant receives all of his or her good
20 conduct credit, the period of estimated actual custody is ...
21 years and ... months, less up to 90 days additional good
22 conduct credit for meritorious service. If the defendant,
23 because of his or her own misconduct or failure to comply
24 with the institutional regulations, does not receive those
25 credits, the actual time served in prison will be longer.
26 The defendant may also receive an additional one-half day
27 good conduct credit for each day of participation in
28 vocational, industry, substance abuse, and educational
29 programs as provided for by Illinois statute."
30 When the sentence is imposed for one of the offenses
31 enumerated in paragraph (a)(2) of Section 3-6-3, other than
32 first degree murder, and the offense was committed on or
33 after the effective date of this amendatory Act of 1995, the
34 judge's statement, to be given after pronouncing the
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1 sentence, shall include the following:
2 "The purpose of this statement is to inform the public of
3 the actual period of time this defendant is likely to spend
4 in prison as a result of this sentence. The actual period of
5 prison time served is determined by the statutes of Illinois
6 as applied to this sentence by the Illinois Department of
7 Corrections and the Illinois Prisoner Review Board. In this
8 case, the defendant is entitled to no more than 4 1/2 days of
9 good conduct credit for each month of his or her sentence of
10 imprisonment. Therefore, this defendant will serve at least
11 85% of his or her sentence. Assuming the defendant receives
12 4 1/2 days credit for each month of his or her sentence, the
13 period of estimated actual custody is ... years and ...
14 months. If the defendant, because of his or her own
15 misconduct or failure to comply with the institutional
16 regulations receives lesser credit, the actual time served in
17 prison will be longer."
18 When a sentence of imprisonment is imposed for first
19 degree murder and the offense was committed on or after the
20 effective date of this amendatory Act of 1995, the judge's
21 statement, to be given after pronouncing the sentence, shall
22 include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is not entitled to good conduct credit.
30 Therefore, this defendant will serve 100% of his or her
31 sentence."
32 (c-3) When the court sentences a defendant who is
33 subject to the provisions of the Sexually Dangerous Persons
34 Act, it shall at the time of sentencing inform the defendant
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1 that he or she: (1) is subject to the provisions of the
2 Sexually Dangerous Persons Act; (2) may be subject to
3 continued confinement after the completion of the sentence
4 for which he or she has been convicted if it is determined
5 that the defendant is a sexually dangerous person and poses a
6 risk of harm to other persons; and (3) may at his or her
7 request receive psychiatric treatment during his or her
8 incarceration as deemed appropriate by the Department of
9 Corrections following a psychiatric evaluation.
10 (d) When the defendant is committed to the Department of
11 Corrections, the State's Attorney shall and counsel for the
12 defendant may file a statement with the clerk of the court to
13 be transmitted to the department, agency or institution to
14 which the defendant is committed to furnish such department,
15 agency or institution with the facts and circumstances of the
16 offense for which the person was committed together with all
17 other factual information accessible to them in regard to the
18 person prior to his commitment relative to his habits,
19 associates, disposition and reputation and any other facts
20 and circumstances which may aid such department, agency or
21 institution during its custody of such person. The clerk
22 shall within 10 days after receiving any such statements
23 transmit a copy to such department, agency or institution and
24 a copy to the other party, provided, however, that this shall
25 not be cause for delay in conveying the person to the
26 department, agency or institution to which he has been
27 committed.
28 (e) The clerk of the court shall transmit to the
29 department, agency or institution, if any, to which the
30 defendant is committed, the following:
31 (1) the sentence imposed;
32 (2) any statement by the court of the basis for
33 imposing the sentence;
34 (3) any presentence reports;
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1 (4) the number of days, if any, which the defendant
2 has been in custody and for which he is entitled to
3 credit against the sentence, which information shall be
4 provided to the clerk by the sheriff;
5 (4.1) any finding of great bodily harm made by the
6 court with respect to an offense enumerated in subsection
7 (c-1);
8 (5) all statements filed under subsection (d) of
9 this Section;
10 (6) any medical or mental health records or
11 summaries of the defendant;
12 (7) the municipality where the arrest of the
13 offender or the commission of the offense has occurred,
14 where such municipality has a population of more than
15 25,000 persons;
16 (8) all statements made and evidence offered under
17 paragraph (7) of subsection (a) of this Section; and
18 (9) all additional matters which the court directs
19 the clerk to transmit.
20 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
21 Section 95. Severability. The provisions of this Act
22 are severable under Section 1.31 of the Statute on Statutes.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.