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90_HB1363
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Provides that a
prisoner serving sentence for aggravated battery, aggravated
stalking, or aggravated criminal sexual abuse committed on or
after the effective date of the amendatory Act shall receive
no more than 4.5 days of good conduct credit for each month
of his or her sentence of imprisonment.
LRB9004435RCks
LRB9004435RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department which
12 shall be subject to review by the Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after the effective date of this amendatory Act of 1995,
16 the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
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1 imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 home invasion, armed robbery, aggravated vehicular
4 hijacking, aggravated discharge of a firearm, or
5 armed violence with a category I weapon or category
6 II weapon, when the court has made and entered a
7 finding, pursuant to subsection (c-1) of Section
8 5-4-1 of this Code, that the conduct leading to
9 conviction for the enumerated offense resulted in
10 great bodily harm to a victim, shall receive no more
11 than 4.5 days of good conduct credit for each month
12 of his or her sentence of imprisonment.
13 (2.05) The rules and regulations on early release
14 shall provide that a prisoner serving a sentence for
15 aggravated battery, aggravated stalking, or aggravated
16 criminal sexual abuse committed on or after the effective
17 date of this amendatory Act of 1997 shall receive no more
18 than 4.5 days of good conduct credit for each month of
19 his or her sentence of imprisonment.
20 (2.1) For all offenses, other than those enumerated
21 in subdivision (a)(2) committed on or after the effective
22 date of this amendatory Act of 1995, and other than those
23 enumerated in subdivision (a)(2.05) committed on or after
24 the effective date of this amendatory Act of 1997, the
25 rules and regulations shall provide that a prisoner who
26 is serving a term of imprisonment shall receive one day
27 of good conduct credit for each day of his or her
28 sentence of imprisonment or recommitment under Section
29 3-3-9. Each day of good conduct credit shall reduce by
30 one day the prisoner's period of imprisonment or
31 recommitment under Section 3-3-9.
32 (2.2) A prisoner serving a term of natural life
33 imprisonment or a prisoner who has been sentenced to
34 death shall receive no good conduct credit.
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1 (3) The rules and regulations shall also provide
2 that the Director may award up to 180 days additional
3 good conduct credit for meritorious service in specific
4 instances as the Director deems proper; except that no
5 more than 90 days of good conduct credit for meritorious
6 service shall be awarded to any prisoner who is serving a
7 sentence for conviction of first degree murder, reckless
8 homicide while under the influence of alcohol or any
9 other drug, aggravated kidnapping, kidnapping, predatory
10 criminal sexual assault of a child, aggravated criminal
11 sexual assault, criminal sexual assault, deviate sexual
12 assault, aggravated criminal sexual abuse, aggravated
13 indecent liberties with a child, indecent liberties with
14 a child, child pornography, heinous battery, aggravated
15 battery of a spouse, aggravated battery of a spouse with
16 a firearm, stalking, aggravated stalking, aggravated
17 battery of a child, endangering the life or health of a
18 child, cruelty to a child, or narcotic racketeering.
19 Notwithstanding the foregoing, good conduct credit for
20 meritorious service shall not be awarded on a sentence of
21 imprisonment imposed for conviction of one of the
22 offenses enumerated in subdivision (a)(2) when the
23 offense is committed on or after the effective date of
24 this amendatory Act of 1995 or for conviction of one of
25 the offenses enumerated in subdivision (a)(2.05) when the
26 offense is committed on or after the effective date of
27 this amendatory Act of 1997.
28 (4) The rules and regulations shall also provide
29 that the good conduct credit accumulated and retained
30 under paragraph (2.1) of subsection (a) of this Section
31 by any inmate during specific periods of time in which
32 such inmate is engaged full-time in substance abuse
33 programs, correctional industry assignments, or
34 educational programs provided by the Department under
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1 this paragraph (4) and satisfactorily completes the
2 assigned program as determined by the standards of the
3 Department, shall be multiplied by a factor of 1.25 for
4 program participation before the effective date of this
5 amendatory Act of 1993 and 1.50 for program participation
6 on or after that date. However, no inmate shall be
7 eligible for the additional good conduct credit under
8 this paragraph (4) while assigned to a boot camp, mental
9 health unit, or electronic detention, or if convicted of
10 an offense enumerated in paragraph (a)(2) of this Section
11 that is committed on or after the effective date of this
12 amendatory Act of 1995, or if convicted of an offense
13 enumerated in paragraph (a)(2.05) of this Section that is
14 committed on or after the effective date of this
15 amendatory Act of 1997, or first degree murder, a Class X
16 felony, criminal sexual assault, felony criminal sexual
17 abuse, aggravated criminal sexual abuse, aggravated
18 battery with a firearm, or any predecessor or successor
19 offenses with the same or substantially the same
20 elements, or any inchoate offenses relating to the
21 foregoing offenses. No inmate shall be eligible for the
22 additional good conduct credit under this paragraph (4)
23 who (i) has previously received increased good conduct
24 credit under this paragraph (4) and has subsequently been
25 convicted of a felony, or (ii) has previously served more
26 than one prior sentence of imprisonment for a felony in
27 an adult correctional facility.
28 Educational, vocational, substance abuse and
29 correctional industry programs under which good conduct
30 credit may be increased under this paragraph (4) shall be
31 evaluated by the Department on the basis of documented
32 standards. The Department shall report the results of
33 these evaluations to the Governor and the General
34 Assembly by September 30th of each year. The reports
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1 shall include data relating to the recidivism rate among
2 program participants.
3 Availability of these programs shall be subject to
4 the limits of fiscal resources appropriated by the
5 General Assembly for these purposes. Eligible inmates
6 who are denied immediate admission shall be placed on a
7 waiting list under criteria established by the
8 Department. The inability of any inmate to become engaged
9 in any such programs by reason of insufficient program
10 resources or for any other reason established under the
11 rules and regulations of the Department shall not be
12 deemed a cause of action under which the Department or
13 any employee or agent of the Department shall be liable
14 for damages to the inmate.
15 (5) Whenever the Department is to release any
16 inmate earlier than it otherwise would because of a grant
17 of good conduct credit for meritorious service given at
18 any time during the term, the Department shall give
19 reasonable advance notice of the impending release to the
20 State's Attorney of the county where the prosecution of
21 the inmate took place.
22 (b) Whenever a person is or has been committed under
23 several convictions, with separate sentences, the sentences
24 shall be construed under Section 5-8-4 in granting and
25 forfeiting of good time.
26 (c) The Department shall prescribe rules and regulations
27 for revoking good conduct credit, or suspending or reducing
28 the rate of accumulation of good conduct credit for specific
29 rule violations, during imprisonment. These rules and
30 regulations shall provide that no inmate may be penalized
31 more than one year of good conduct credit for any one
32 infraction.
33 When the Department seeks to revoke, suspend or reduce
34 the rate of accumulation of any good conduct credits for an
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1 alleged infraction of its rules, it shall bring charges
2 therefor against the prisoner sought to be so deprived of
3 good conduct credits before the Prisoner Review Board as
4 provided in subparagraph (a)(4) of Section 3-3-2 of this
5 Code, if the amount of credit at issue exceeds 30 days or
6 when during any 12 month period, the cumulative amount of
7 credit revoked exceeds 30 days except where the infraction is
8 committed or discovered within 60 days of scheduled release.
9 In those cases, the Department of Corrections may revoke up
10 to 30 days of good conduct credit. The Board may subsequently
11 approve the revocation of additional good conduct credit, if
12 the Department seeks to revoke good conduct credit in excess
13 of 30 days. However, the Board shall not be empowered to
14 review the Department's decision with respect to the loss of
15 30 days of good conduct credit within any calendar year for
16 any prisoner or to increase any penalty beyond the length
17 requested by the Department.
18 The Director of the Department of Corrections, in
19 appropriate cases, may restore up to 30 days good conduct
20 credits which have been revoked, suspended or reduced. Any
21 restoration of good conduct credits in excess of 30 days
22 shall be subject to review by the Prisoner Review Board.
23 However, the Board may not restore good conduct credit in
24 excess of the amount requested by the Director.
25 Nothing contained in this Section shall prohibit the
26 Prisoner Review Board from ordering, pursuant to Section
27 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
28 the sentence imposed by the court that was not served due to
29 the accumulation of good conduct credit.
30 (d) If a lawsuit is filed by a prisoner in an Illinois
31 or federal court against the State, the Department of
32 Corrections, or the Prisoner Review Board, or against any of
33 their officers or employees, and the court makes a specific
34 finding that a pleading, motion, or other paper filed by the
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1 prisoner is frivolous, the Department of Corrections shall
2 conduct a hearing to revoke up to 180 days of good conduct
3 credit by bringing charges against the prisoner sought to be
4 deprived of the good conduct credits before the Prisoner
5 Review Board as provided in subparagraph (a)(8) of Section
6 3-3-2 of this Code. If the prisoner has not accumulated 180
7 days of good conduct credit at the time of the finding, then
8 the Prisoner Review Board may revoke all good conduct credit
9 accumulated by the prisoner.
10 For purposes of this subsection (d):
11 (1) "Frivolous" means that a pleading, motion, or
12 other paper filed by a prisoner in his or her lawsuit
13 does not meet the following criteria:
14 (A) it is not being presented for any improper
15 purpose, such as to harass or to cause unnecessary
16 delay or needless increase in the cost of
17 litigation;
18 (B) the claims, defenses, and other legal
19 contentions therein are warranted by existing law or
20 by a nonfrivolous argument for the extension,
21 modification, or reversal of existing law or the
22 establishment of new law;
23 (C) the allegations and other factual
24 contentions have evidentiary support or, if
25 specifically so identified, are likely to have
26 evidentiary support after a reasonable opportunity
27 for further investigation or discovery; and
28 (D) the denials of factual contentions are
29 warranted on the evidence or, if specifically so
30 identified, are reasonably based on a lack of
31 information or belief.
32 (2) "Lawsuit" means a petition for post conviction
33 relief under Article 122 of the Code of Criminal
34 Procedure of 1963, a habeas corpus action under Article X
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1 of the Code of Civil Procedure or under federal law (28
2 U.S.C. 2254), a petition for claim under the Court of
3 Claims Act or an action under the federal Civil Rights
4 Act (42 U.S.C. 1983).
5 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
6 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
7 89-656, eff. 1-1-97.)
8 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 5-4-1. Sentencing Hearing.
11 (a) Except when the death penalty is sought under
12 hearing procedures otherwise specified, after a determination
13 of guilt, a hearing shall be held to impose the sentence.
14 However, prior to the imposition of sentence on an individual
15 being sentenced for an offense based upon a charge for a
16 violation of Section 11-501 of The Illinois Vehicle Code or a
17 similar provision of a local ordinance, the individual must
18 undergo a professional evaluation to determine if an alcohol
19 or other drug abuse problem exists and the extent of such a
20 problem. Programs conducting these evaluations shall be
21 licensed by the Department of Alcoholism and Substance Abuse.
22 However, if the individual is not a resident of Illinois, the
23 court may, in its discretion, accept an evaluation from a
24 program in the state of such individual's residence. The
25 court may in its sentencing order approve an eligible
26 defendant for placement in a Department of Corrections impact
27 incarceration program as provided in Section 5-8-1.1. At the
28 hearing the court shall:
29 (1) consider the evidence, if any, received upon
30 the trial;
31 (2) consider any presentence reports;
32 (3) consider the financial impact of incarceration
33 based on the financial impact statement filed with the
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1 clerk of the court by the Department of Corrections;
2 (4) consider evidence and information offered by
3 the parties in aggravation and mitigation;
4 (5) hear arguments as to sentencing alternatives;
5 (6) afford the defendant the opportunity to make a
6 statement in his own behalf;
7 (7) afford the victim of a violent crime or a
8 violation of Section 11-501 of the Illinois Vehicle Code,
9 or a similar provision of a local ordinance, committed by
10 the defendant the opportunity to make a statement
11 concerning the impact on the victim and to offer evidence
12 in aggravation or mitigation; provided that the statement
13 and evidence offered in aggravation or mitigation must
14 first be prepared in writing in conjunction with the
15 State's Attorney before it may be presented orally at the
16 hearing. Any sworn testimony offered by the victim is
17 subject to the defendant's right to cross-examine. All
18 statements and evidence offered under this paragraph (7)
19 shall become part of the record of the court; and
20 (8) in cases of reckless homicide afford the
21 victim's spouse, guardians, parents or other immediate
22 family members an opportunity to make oral statements.
23 (b) All sentences shall be imposed by the judge based
24 upon his independent assessment of the elements specified
25 above and any agreement as to sentence reached by the
26 parties. The judge who presided at the trial or the judge
27 who accepted the plea of guilty shall impose the sentence
28 unless he is no longer sitting as a judge in that court.
29 Where the judge does not impose sentence at the same time on
30 all defendants who are convicted as a result of being
31 involved in the same offense, the defendant or the State's
32 attorney may advise the sentencing court of the disposition
33 of any other defendants who have been sentenced.
34 (c) In imposing a sentence for a violent crime or for an
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1 offense of operating or being in physical control of a
2 vehicle while under the influence of alcohol, any other drug
3 or any combination thereof, or a similar provision of a local
4 ordinance, when such offense resulted in the personal injury
5 to someone other than the defendant, the trial judge shall
6 specify on the record the particular evidence, information,
7 factors in mitigation and aggravation or other reasons that
8 led to his sentencing determination. The full verbatim record
9 of the sentencing hearing shall be filed with the clerk of
10 the court and shall be a public record.
11 (c-1) In imposing a sentence for the offense of
12 aggravated kidnapping for ransom, home invasion, armed
13 robbery, aggravated vehicular hijacking, aggravated discharge
14 of a firearm, or armed violence with a category I weapon or
15 category II weapon, the trial judge shall make a finding as
16 to whether the conduct leading to conviction for the offense
17 resulted in great bodily harm to a victim, and shall enter
18 that finding and the basis for that finding in the record.
19 (c-2) If the defendant is sentenced to prison, other
20 than when a sentence of natural life imprisonment or a
21 sentence of death is imposed, at the time the sentence is
22 imposed the judge shall state on the record in open court the
23 approximate period of time the defendant will serve in
24 custody according to the then current statutory rules and
25 regulations for early release found in Section 3-6-3 and
26 other related provisions of this Code. This statement is
27 intended solely to inform the public, has no legal effect on
28 the defendant's actual release, and may not be relied on by
29 the defendant on appeal.
30 The judge's statement, to be given after pronouncing the
31 sentence, other than when the sentence is imposed for one of
32 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
33 shall include the following:
34 "The purpose of this statement is to inform the public of
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1 the actual period of time this defendant is likely to spend
2 in prison as a result of this sentence. The actual period of
3 prison time served is determined by the statutes of Illinois
4 as applied to this sentence by the Illinois Department of
5 Corrections and the Illinois Prisoner Review Board. In this
6 case, assuming the defendant receives all of his or her good
7 conduct credit, the period of estimated actual custody is ...
8 years and ... months, less up to 180 days additional good
9 conduct credit for meritorious service. If the defendant,
10 because of his or her own misconduct or failure to comply
11 with the institutional regulations, does not receive those
12 credits, the actual time served in prison will be longer.
13 The defendant may also receive an additional one-half day
14 good conduct credit for each day of participation in
15 vocational, industry, substance abuse, and educational
16 programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18 enumerated in paragraph (a)(3) of Section 3-6-3, other than
19 when the sentence is imposed for one of the offenses
20 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
21 or after the effective date of this amendatory Act of 1995,
22 and other than when the sentence is imposed for one of the
23 offenses enumerated in paragraph (a)(2.05) of Section 3-6-3
24 committed on or after the effective date of this amendatory
25 Act of 1997, the judge's statement, to be given after
26 pronouncing the sentence, shall include the following:
27 "The purpose of this statement is to inform the public of
28 the actual period of time this defendant is likely to spend
29 in prison as a result of this sentence. The actual period of
30 prison time served is determined by the statutes of Illinois
31 as applied to this sentence by the Illinois Department of
32 Corrections and the Illinois Prisoner Review Board. In this
33 case, assuming the defendant receives all of his or her good
34 conduct credit, the period of estimated actual custody is ...
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1 years and ... months, less up to 90 days additional good
2 conduct credit for meritorious service. If the defendant,
3 because of his or her own misconduct or failure to comply
4 with the institutional regulations, does not receive those
5 credits, the actual time served in prison will be longer.
6 The defendant may also receive an additional one-half day
7 good conduct credit for each day of participation in
8 vocational, industry, substance abuse, and educational
9 programs as provided for by Illinois statute."
10 When the sentence is imposed for one of the offenses
11 enumerated in paragraph (a)(2) of Section 3-6-3, other than
12 first degree murder, and the offense was committed on or
13 after the effective date of this amendatory Act of 1995, and
14 when the sentence is imposed for one of the offenses
15 enumerated in paragraph (a)(2.05) of Section 3-6-3 committed
16 on or after the effective date of this amendatory Act of
17 1997, the judge's statement, to be given after pronouncing
18 the sentence, shall include the following:
19 "The purpose of this statement is to inform the public of
20 the actual period of time this defendant is likely to spend
21 in prison as a result of this sentence. The actual period of
22 prison time served is determined by the statutes of Illinois
23 as applied to this sentence by the Illinois Department of
24 Corrections and the Illinois Prisoner Review Board. In this
25 case, the defendant is entitled to no more than 4 1/2 days of
26 good conduct credit for each month of his or her sentence of
27 imprisonment. Therefore, this defendant will serve at least
28 85% of his or her sentence. Assuming the defendant receives
29 4 1/2 days credit for each month of his or her sentence, the
30 period of estimated actual custody is ... years and ...
31 months. If the defendant, because of his or her own
32 misconduct or failure to comply with the institutional
33 regulations receives lesser credit, the actual time served in
34 prison will be longer."
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1 When a sentence of imprisonment is imposed for first
2 degree murder and the offense was committed on or after the
3 effective date of this amendatory Act of 1995, the judge's
4 statement, to be given after pronouncing the sentence, shall
5 include the following:
6 "The purpose of this statement is to inform the public of
7 the actual period of time this defendant is likely to spend
8 in prison as a result of this sentence. The actual period of
9 prison time served is determined by the statutes of Illinois
10 as applied to this sentence by the Illinois Department of
11 Corrections and the Illinois Prisoner Review Board. In this
12 case, the defendant is not entitled to good conduct credit.
13 Therefore, this defendant will serve 100% of his or her
14 sentence."
15 (d) When the defendant is committed to the Department of
16 Corrections, the State's Attorney shall and counsel for the
17 defendant may file a statement with the clerk of the court to
18 be transmitted to the department, agency or institution to
19 which the defendant is committed to furnish such department,
20 agency or institution with the facts and circumstances of the
21 offense for which the person was committed together with all
22 other factual information accessible to them in regard to the
23 person prior to his commitment relative to his habits,
24 associates, disposition and reputation and any other facts
25 and circumstances which may aid such department, agency or
26 institution during its custody of such person. The clerk
27 shall within 10 days after receiving any such statements
28 transmit a copy to such department, agency or institution and
29 a copy to the other party, provided, however, that this shall
30 not be cause for delay in conveying the person to the
31 department, agency or institution to which he has been
32 committed.
33 (e) The clerk of the court shall transmit to the
34 department, agency or institution, if any, to which the
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1 defendant is committed, the following:
2 (1) the sentence imposed;
3 (2) any statement by the court of the basis for
4 imposing the sentence;
5 (3) any presentence reports;
6 (4) the number of days, if any, which the defendant
7 has been in custody and for which he is entitled to
8 credit against the sentence, which information shall be
9 provided to the clerk by the sheriff;
10 (4.1) any finding of great bodily harm made by the
11 court with respect to an offense enumerated in subsection
12 (c-1);
13 (5) all statements filed under subsection (d) of
14 this Section;
15 (6) any medical or mental health records or
16 summaries of the defendant;
17 (7) the municipality where the arrest of the
18 offender or the commission of the offense has occurred,
19 where such municipality has a population of more than
20 25,000 persons;
21 (8) all statements made and evidence offered under
22 paragraph (7) of subsection (a) of this Section; and
23 (9) all additional matters which the court directs
24 the clerk to transmit.
25 (Source: P.A. 89-404, eff. 8-20-95.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 5-4-1. Sentencing Hearing.
28 (a) Except when the death penalty is sought under
29 hearing procedures otherwise specified, after a determination
30 of guilt, a hearing shall be held to impose the sentence.
31 However, prior to the imposition of sentence on an individual
32 being sentenced for an offense based upon a charge for a
33 violation of Section 11-501 of the Illinois Vehicle Code or a
34 similar provision of a local ordinance, the individual must
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1 undergo a professional evaluation to determine if an alcohol
2 or other drug abuse problem exists and the extent of such a
3 problem. Programs conducting these evaluations shall be
4 licensed by the Department of Human Services. However, if
5 the individual is not a resident of Illinois, the court may,
6 in its discretion, accept an evaluation from a program in the
7 state of such individual's residence. The court may in its
8 sentencing order approve an eligible defendant for placement
9 in a Department of Corrections impact incarceration program
10 as provided in Section 5-8-1.1. At the hearing the court
11 shall:
12 (1) consider the evidence, if any, received upon
13 the trial;
14 (2) consider any presentence reports;
15 (3) consider the financial impact of incarceration
16 based on the financial impact statement filed with the
17 clerk of the court by the Department of Corrections;
18 (4) consider evidence and information offered by
19 the parties in aggravation and mitigation;
20 (5) hear arguments as to sentencing alternatives;
21 (6) afford the defendant the opportunity to make a
22 statement in his own behalf;
23 (7) afford the victim of a violent crime or a
24 violation of Section 11-501 of the Illinois Vehicle Code,
25 or a similar provision of a local ordinance, committed by
26 the defendant the opportunity to make a statement
27 concerning the impact on the victim and to offer evidence
28 in aggravation or mitigation; provided that the statement
29 and evidence offered in aggravation or mitigation must
30 first be prepared in writing in conjunction with the
31 State's Attorney before it may be presented orally at the
32 hearing. Any sworn testimony offered by the victim is
33 subject to the defendant's right to cross-examine. All
34 statements and evidence offered under this paragraph (7)
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1 shall become part of the record of the court; and
2 (8) in cases of reckless homicide afford the
3 victim's spouse, guardians, parents or other immediate
4 family members an opportunity to make oral statements.
5 (b) All sentences shall be imposed by the judge based
6 upon his independent assessment of the elements specified
7 above and any agreement as to sentence reached by the
8 parties. The judge who presided at the trial or the judge
9 who accepted the plea of guilty shall impose the sentence
10 unless he is no longer sitting as a judge in that court.
11 Where the judge does not impose sentence at the same time on
12 all defendants who are convicted as a result of being
13 involved in the same offense, the defendant or the State's
14 attorney may advise the sentencing court of the disposition
15 of any other defendants who have been sentenced.
16 (c) In imposing a sentence for a violent crime or for an
17 offense of operating or being in physical control of a
18 vehicle while under the influence of alcohol, any other drug
19 or any combination thereof, or a similar provision of a local
20 ordinance, when such offense resulted in the personal injury
21 to someone other than the defendant, the trial judge shall
22 specify on the record the particular evidence, information,
23 factors in mitigation and aggravation or other reasons that
24 led to his sentencing determination. The full verbatim record
25 of the sentencing hearing shall be filed with the clerk of
26 the court and shall be a public record.
27 (c-1) In imposing a sentence for the offense of
28 aggravated kidnapping for ransom, home invasion, armed
29 robbery, aggravated vehicular hijacking, aggravated discharge
30 of a firearm, or armed violence with a category I weapon or
31 category II weapon, the trial judge shall make a finding as
32 to whether the conduct leading to conviction for the offense
33 resulted in great bodily harm to a victim, and shall enter
34 that finding and the basis for that finding in the record.
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1 (c-2) If the defendant is sentenced to prison, other
2 than when a sentence of natural life imprisonment or a
3 sentence of death is imposed, at the time the sentence is
4 imposed the judge shall state on the record in open court the
5 approximate period of time the defendant will serve in
6 custody according to the then current statutory rules and
7 regulations for early release found in Section 3-6-3 and
8 other related provisions of this Code. This statement is
9 intended solely to inform the public, has no legal effect on
10 the defendant's actual release, and may not be relied on by
11 the defendant on appeal.
12 The judge's statement, to be given after pronouncing the
13 sentence, other than when the sentence is imposed for one of
14 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
15 shall include the following:
16 "The purpose of this statement is to inform the public of
17 the actual period of time this defendant is likely to spend
18 in prison as a result of this sentence. The actual period of
19 prison time served is determined by the statutes of Illinois
20 as applied to this sentence by the Illinois Department of
21 Corrections and the Illinois Prisoner Review Board. In this
22 case, assuming the defendant receives all of his or her good
23 conduct credit, the period of estimated actual custody is ...
24 years and ... months, less up to 180 days additional good
25 conduct credit for meritorious service. If the defendant,
26 because of his or her own misconduct or failure to comply
27 with the institutional regulations, does not receive those
28 credits, the actual time served in prison will be longer.
29 The defendant may also receive an additional one-half day
30 good conduct credit for each day of participation in
31 vocational, industry, substance abuse, and educational
32 programs as provided for by Illinois statute."
33 When the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(3) of Section 3-6-3, other than
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1 when the sentence is imposed for one of the offenses
2 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
3 or after the effective date of this amendatory Act of 1995,
4 and other than when the sentence is imposed for one of the
5 offenses enumerated in paragraph (a)(2.05) of Section 3-6-3
6 committed on or after the effective date of this amendatory
7 Act of 1997, the judge's statement, to be given after
8 pronouncing the sentence, shall include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, assuming the defendant receives all of his or her good
16 conduct credit, the period of estimated actual custody is ...
17 years and ... months, less up to 90 days additional good
18 conduct credit for meritorious service. If the defendant,
19 because of his or her own misconduct or failure to comply
20 with the institutional regulations, does not receive those
21 credits, the actual time served in prison will be longer.
22 The defendant may also receive an additional one-half day
23 good conduct credit for each day of participation in
24 vocational, industry, substance abuse, and educational
25 programs as provided for by Illinois statute."
26 When the sentence is imposed for one of the offenses
27 enumerated in paragraph (a)(2) of Section 3-6-3, other than
28 first degree murder, and the offense was committed on or
29 after the effective date of this amendatory Act of 1995, and
30 when the sentence is imposed for one of the offenses
31 enumerated in paragraph (a)(2.05) of Section 3-6-3 committed
32 on or after the effective date of this amendatory Act of
33 1997, the judge's statement, to be given after pronouncing
34 the sentence, 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, the defendant is entitled to no more than 4 1/2 days of
8 good conduct credit for each month of his or her sentence of
9 imprisonment. Therefore, this defendant will serve at least
10 85% of his or her sentence. Assuming the defendant receives
11 4 1/2 days credit for each month of his or her sentence, the
12 period of estimated actual custody is ... years and ...
13 months. If the defendant, because of his or her own
14 misconduct or failure to comply with the institutional
15 regulations receives lesser credit, the actual time served in
16 prison will be longer."
17 When a sentence of imprisonment is imposed for first
18 degree murder and the offense was committed on or after the
19 effective date of this amendatory Act of 1995, the judge's
20 statement, to be given after pronouncing the sentence, shall
21 include the following:
22 "The purpose of this statement is to inform the public of
23 the actual period of time this defendant is likely to spend
24 in prison as a result of this sentence. The actual period of
25 prison time served is determined by the statutes of Illinois
26 as applied to this sentence by the Illinois Department of
27 Corrections and the Illinois Prisoner Review Board. In this
28 case, the defendant is not entitled to good conduct credit.
29 Therefore, this defendant will serve 100% of his or her
30 sentence."
31 (d) When the defendant is committed to the Department of
32 Corrections, the State's Attorney shall and counsel for the
33 defendant may file a statement with the clerk of the court to
34 be transmitted to the department, agency or institution to
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1 which the defendant is committed to furnish such department,
2 agency or institution with the facts and circumstances of the
3 offense for which the person was committed together with all
4 other factual information accessible to them in regard to the
5 person prior to his commitment relative to his habits,
6 associates, disposition and reputation and any other facts
7 and circumstances which may aid such department, agency or
8 institution during its custody of such person. The clerk
9 shall within 10 days after receiving any such statements
10 transmit a copy to such department, agency or institution and
11 a copy to the other party, provided, however, that this shall
12 not be cause for delay in conveying the person to the
13 department, agency or institution to which he has been
14 committed.
15 (e) The clerk of the court shall transmit to the
16 department, agency or institution, if any, to which the
17 defendant is committed, the following:
18 (1) the sentence imposed;
19 (2) any statement by the court of the basis for
20 imposing the sentence;
21 (3) any presentence reports;
22 (4) the number of days, if any, which the defendant
23 has been in custody and for which he is entitled to
24 credit against the sentence, which information shall be
25 provided to the clerk by the sheriff;
26 (4.1) any finding of great bodily harm made by the
27 court with respect to an offense enumerated in subsection
28 (c-1);
29 (5) all statements filed under subsection (d) of
30 this Section;
31 (6) any medical or mental health records or
32 summaries of the defendant;
33 (7) the municipality where the arrest of the
34 offender or the commission of the offense has occurred,
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1 where such municipality has a population of more than
2 25,000 persons;
3 (8) all statements made and evidence offered under
4 paragraph (7) of subsection (a) of this Section; and
5 (9) all additional matters which the court directs
6 the clerk to transmit.
7 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.