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90_HB1363eng
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.
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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 second degree murder, aggravated battery causing great
16 bodily harm, aggravated stalking, or aggravated criminal
17 sexual abuse committed on or after the effective date of
18 this amendatory Act of 1997 shall receive no more than
19 4.5 days of good conduct credit for each month of his or
20 her sentence of imprisonment.
21 (2.1) For all offenses, other than those enumerated
22 in subdivision (a)(2) committed on or after the effective
23 date of this amendatory Act of 1995, and other than those
24 enumerated in subdivision (a)(2.05) committed on or after
25 the effective date of this amendatory Act of 1997, the
26 rules and regulations shall provide that a prisoner who
27 is serving a term of imprisonment shall receive one day
28 of good conduct credit for each day of his or her
29 sentence of imprisonment or recommitment under Section
30 3-3-9. Each day of good conduct credit shall reduce by
31 one day the prisoner's period of imprisonment or
32 recommitment under Section 3-3-9.
33 (2.2) A prisoner serving a term of natural life
34 imprisonment or a prisoner who has been sentenced to
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1 death shall receive no good conduct credit.
2 (3) The rules and regulations shall also provide
3 that the Director may award up to 180 days additional
4 good conduct credit for meritorious service in specific
5 instances as the Director deems proper; except that no
6 more than 90 days of good conduct credit for meritorious
7 service shall be awarded to any prisoner who is serving a
8 sentence for conviction of first degree murder, reckless
9 homicide while under the influence of alcohol or any
10 other drug, aggravated kidnapping, kidnapping, predatory
11 criminal sexual assault of a child, aggravated criminal
12 sexual assault, criminal sexual assault, deviate sexual
13 assault, aggravated criminal sexual abuse, aggravated
14 indecent liberties with a child, indecent liberties with
15 a child, child pornography, heinous battery, aggravated
16 battery of a spouse, aggravated battery of a spouse with
17 a firearm, stalking, aggravated stalking, aggravated
18 battery of a child, endangering the life or health of a
19 child, cruelty to a child, or narcotic racketeering.
20 Notwithstanding the foregoing, good conduct credit for
21 meritorious service shall not be awarded on a sentence of
22 imprisonment imposed for conviction of one of the
23 offenses enumerated in subdivision (a)(2) when the
24 offense is committed on or after the effective date of
25 this amendatory Act of 1995 or for conviction of one of
26 the offenses enumerated in subdivision (a)(2.05) when the
27 offense is committed on or after the effective date of
28 this amendatory Act of 1997.
29 (4) The rules and regulations shall also provide
30 that the good conduct credit accumulated and retained
31 under paragraph (2.1) of subsection (a) of this Section
32 by any inmate during specific periods of time in which
33 such inmate is engaged full-time in substance abuse
34 programs, correctional industry assignments, or
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1 educational programs provided by the Department under
2 this paragraph (4) and satisfactorily completes the
3 assigned program as determined by the standards of the
4 Department, shall be multiplied by a factor of 1.25 for
5 program participation before the effective date of this
6 amendatory Act of 1993 and 1.50 for program participation
7 on or after that date. However, no inmate shall be
8 eligible for the additional good conduct credit under
9 this paragraph (4) while assigned to a boot camp, mental
10 health unit, or electronic detention, or if convicted of
11 an offense enumerated in paragraph (a)(2) of this Section
12 that is committed on or after the effective date of this
13 amendatory Act of 1995, or if convicted of an offense
14 enumerated in paragraph (a)(2.05) of this Section that is
15 committed on or after the effective date of this
16 amendatory Act of 1997, or first degree murder, a Class X
17 felony, criminal sexual assault, felony criminal sexual
18 abuse, aggravated criminal sexual abuse, aggravated
19 battery with a firearm, or any predecessor or successor
20 offenses with the same or substantially the same
21 elements, or any inchoate offenses relating to the
22 foregoing offenses. No inmate shall be eligible for the
23 additional good conduct credit under this paragraph (4)
24 who (i) has previously received increased good conduct
25 credit under this paragraph (4) and has subsequently been
26 convicted of a felony, or (ii) has previously served more
27 than one prior sentence of imprisonment for a felony in
28 an adult correctional facility.
29 Educational, vocational, substance abuse and
30 correctional industry programs under which good conduct
31 credit may be increased under this paragraph (4) shall be
32 evaluated by the Department on the basis of documented
33 standards. The Department shall report the results of
34 these evaluations to the Governor and the General
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1 Assembly by September 30th of each year. The reports
2 shall include data relating to the recidivism rate among
3 program participants.
4 Availability of these programs shall be subject to
5 the limits of fiscal resources appropriated by the
6 General Assembly for these purposes. Eligible inmates
7 who are denied immediate admission shall be placed on a
8 waiting list under criteria established by the
9 Department. The inability of any inmate to become engaged
10 in any such programs by reason of insufficient program
11 resources or for any other reason established under the
12 rules and regulations of the Department shall not be
13 deemed a cause of action under which the Department or
14 any employee or agent of the Department shall be liable
15 for damages to the inmate.
16 (5) Whenever the Department is to release any
17 inmate earlier than it otherwise would because of a grant
18 of good conduct credit for meritorious service given at
19 any time during the term, the Department shall give
20 reasonable advance notice of the impending release to the
21 State's Attorney of the county where the prosecution of
22 the inmate took place.
23 (b) Whenever a person is or has been committed under
24 several convictions, with separate sentences, the sentences
25 shall be construed under Section 5-8-4 in granting and
26 forfeiting of good time.
27 (c) The Department shall prescribe rules and regulations
28 for revoking good conduct credit, or suspending or reducing
29 the rate of accumulation of good conduct credit for specific
30 rule violations, during imprisonment. These rules and
31 regulations shall provide that no inmate may be penalized
32 more than one year of good conduct credit for any one
33 infraction.
34 When the Department seeks to revoke, suspend or reduce
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1 the rate of accumulation of any good conduct credits for an
2 alleged infraction of its rules, it shall bring charges
3 therefor against the prisoner sought to be so deprived of
4 good conduct credits before the Prisoner Review Board as
5 provided in subparagraph (a)(4) of Section 3-3-2 of this
6 Code, if the amount of credit at issue exceeds 30 days or
7 when during any 12 month period, the cumulative amount of
8 credit revoked exceeds 30 days except where the infraction is
9 committed or discovered within 60 days of scheduled release.
10 In those cases, the Department of Corrections may revoke up
11 to 30 days of good conduct credit. The Board may subsequently
12 approve the revocation of additional good conduct credit, if
13 the Department seeks to revoke good conduct credit in excess
14 of 30 days. However, the Board shall not be empowered to
15 review the Department's decision with respect to the loss of
16 30 days of good conduct credit within any calendar year for
17 any prisoner or to increase any penalty beyond the length
18 requested by the Department.
19 The Director of the Department of Corrections, in
20 appropriate cases, may restore up to 30 days good conduct
21 credits which have been revoked, suspended or reduced. Any
22 restoration of good conduct credits in excess of 30 days
23 shall be subject to review by the Prisoner Review Board.
24 However, the Board may not restore good conduct credit in
25 excess of the amount requested by the Director.
26 Nothing contained in this Section shall prohibit the
27 Prisoner Review Board from ordering, pursuant to Section
28 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
29 the sentence imposed by the court that was not served due to
30 the accumulation of good conduct credit.
31 (d) If a lawsuit is filed by a prisoner in an Illinois
32 or federal court against the State, the Department of
33 Corrections, or the Prisoner Review Board, or against any of
34 their officers or employees, and the court makes a specific
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1 finding that a pleading, motion, or other paper filed by the
2 prisoner is frivolous, the Department of Corrections shall
3 conduct a hearing to revoke up to 180 days of good conduct
4 credit by bringing charges against the prisoner sought to be
5 deprived of the good conduct credits before the Prisoner
6 Review Board as provided in subparagraph (a)(8) of Section
7 3-3-2 of this Code. If the prisoner has not accumulated 180
8 days of good conduct credit at the time of the finding, then
9 the Prisoner Review Board may revoke all good conduct credit
10 accumulated by the prisoner.
11 For purposes of this subsection (d):
12 (1) "Frivolous" means that a pleading, motion, or
13 other paper filed by a prisoner in his or her lawsuit
14 does not meet the following criteria:
15 (A) it is not being presented for any improper
16 purpose, such as to harass or to cause unnecessary
17 delay or needless increase in the cost of
18 litigation;
19 (B) the claims, defenses, and other legal
20 contentions therein are warranted by existing law or
21 by a nonfrivolous argument for the extension,
22 modification, or reversal of existing law or the
23 establishment of new law;
24 (C) the allegations and other factual
25 contentions have evidentiary support or, if
26 specifically so identified, are likely to have
27 evidentiary support after a reasonable opportunity
28 for further investigation or discovery; and
29 (D) the denials of factual contentions are
30 warranted on the evidence or, if specifically so
31 identified, are reasonably based on a lack of
32 information or belief.
33 (2) "Lawsuit" means a petition for post conviction
34 relief under Article 122 of the Code of Criminal
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1 Procedure of 1963, a habeas corpus action under Article X
2 of the Code of Civil Procedure or under federal law (28
3 U.S.C. 2254), a petition for claim under the Court of
4 Claims Act or an action under the federal Civil Rights
5 Act (42 U.S.C. 1983).
6 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
7 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
8 89-656, eff. 1-1-97.)
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 and other than when the sentence is imposed for one of the
24 offenses enumerated in paragraph (a)(2.05) of Section 3-6-3
25 committed on or after the effective date of this amendatory
26 Act of 1997, the judge's statement, to be given after
27 pronouncing the sentence, shall include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, assuming the defendant receives all of his or her good
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1 conduct credit, the period of estimated actual custody is ...
2 years and ... months, less up to 90 days additional good
3 conduct credit for meritorious service. If the defendant,
4 because of his or her own misconduct or failure to comply
5 with the institutional regulations, does not receive those
6 credits, the actual time served in prison will be longer.
7 The defendant may also receive an additional one-half day
8 good conduct credit for each day of participation in
9 vocational, industry, substance abuse, and educational
10 programs as provided for by Illinois statute."
11 When the sentence is imposed for one of the offenses
12 enumerated in paragraph (a)(2) of Section 3-6-3, other than
13 first degree murder, and the offense was committed on or
14 after the effective date of this amendatory Act of 1995, and
15 when the sentence is imposed for one of the offenses
16 enumerated in paragraph (a)(2.05) of Section 3-6-3 committed
17 on or after the effective date of this amendatory Act of
18 1997, the judge's statement, to be given after pronouncing
19 the sentence, shall include the following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, the defendant is entitled to no more than 4 1/2 days of
27 good conduct credit for each month of his or her sentence of
28 imprisonment. Therefore, this defendant will serve at least
29 85% of his or her sentence. Assuming the defendant receives
30 4 1/2 days credit for each month of his or her sentence, the
31 period of estimated actual custody is ... years and ...
32 months. If the defendant, because of his or her own
33 misconduct or failure to comply with the institutional
34 regulations receives lesser credit, the actual time served in
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1 prison will be longer."
2 When a sentence of imprisonment is imposed for first
3 degree murder and the offense was committed on or after the
4 effective date of this amendatory Act of 1995, the judge's
5 statement, to be given after pronouncing the sentence, shall
6 include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, the defendant is not entitled to good conduct credit.
14 Therefore, this defendant will serve 100% of his or her
15 sentence."
16 (d) When the defendant is committed to the Department of
17 Corrections, the State's Attorney shall and counsel for the
18 defendant may file a statement with the clerk of the court to
19 be transmitted to the department, agency or institution to
20 which the defendant is committed to furnish such department,
21 agency or institution with the facts and circumstances of the
22 offense for which the person was committed together with all
23 other factual information accessible to them in regard to the
24 person prior to his commitment relative to his habits,
25 associates, disposition and reputation and any other facts
26 and circumstances which may aid such department, agency or
27 institution during its custody of such person. The clerk
28 shall within 10 days after receiving any such statements
29 transmit a copy to such department, agency or institution and
30 a copy to the other party, provided, however, that this shall
31 not be cause for delay in conveying the person to the
32 department, agency or institution to which he has been
33 committed.
34 (e) The clerk of the court shall transmit to the
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1 department, agency or institution, if any, to which the
2 defendant is committed, the following:
3 (1) the sentence imposed;
4 (2) any statement by the court of the basis for
5 imposing the sentence;
6 (3) any presentence reports;
7 (4) the number of days, if any, which the defendant
8 has been in custody and for which he is entitled to
9 credit against the sentence, which information shall be
10 provided to the clerk by the sheriff;
11 (4.1) any finding of great bodily harm made by the
12 court with respect to an offense enumerated in subsection
13 (c-1);
14 (5) all statements filed under subsection (d) of
15 this Section;
16 (6) any medical or mental health records or
17 summaries of the defendant;
18 (7) the municipality where the arrest of the
19 offender or the commission of the offense has occurred,
20 where such municipality has a population of more than
21 25,000 persons;
22 (8) all statements made and evidence offered under
23 paragraph (7) of subsection (a) of this Section; and
24 (9) all additional matters which the court directs
25 the clerk to transmit.
26 (Source: P.A. 89-404, eff. 8-20-95.)
27 (Text of Section after amendment by P.A. 89-507)
28 Sec. 5-4-1. Sentencing Hearing.
29 (a) Except when the death penalty is sought under
30 hearing procedures otherwise specified, after a determination
31 of guilt, a hearing shall be held to impose the sentence.
32 However, prior to the imposition of sentence on an individual
33 being sentenced for an offense based upon a charge for a
34 violation of Section 11-501 of the Illinois Vehicle Code or a
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1 similar provision of a local ordinance, the individual must
2 undergo a professional evaluation to determine if an alcohol
3 or other drug abuse problem exists and the extent of such a
4 problem. Programs conducting these evaluations shall be
5 licensed by the Department of Human Services. However, if
6 the individual is not a resident of Illinois, the court may,
7 in its discretion, accept an evaluation from a program in the
8 state of such individual's residence. The court may in its
9 sentencing order approve an eligible defendant for placement
10 in a Department of Corrections impact incarceration program
11 as provided in Section 5-8-1.1. At the hearing the court
12 shall:
13 (1) consider the evidence, if any, received upon
14 the trial;
15 (2) consider any presentence reports;
16 (3) consider the financial impact of incarceration
17 based on the financial impact statement filed with the
18 clerk of the court by the Department of Corrections;
19 (4) consider evidence and information offered by
20 the parties in aggravation and mitigation;
21 (5) hear arguments as to sentencing alternatives;
22 (6) afford the defendant the opportunity to make a
23 statement in his own behalf;
24 (7) afford the victim of a violent crime or a
25 violation of Section 11-501 of the Illinois Vehicle Code,
26 or a similar provision of a local ordinance, committed by
27 the defendant the opportunity to make a statement
28 concerning the impact on the victim and to offer evidence
29 in aggravation or mitigation; provided that the statement
30 and evidence offered in aggravation or mitigation must
31 first be prepared in writing in conjunction with the
32 State's Attorney before it may be presented orally at the
33 hearing. Any sworn testimony offered by the victim is
34 subject to the defendant's right to cross-examine. All
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1 statements and evidence offered under this paragraph (7)
2 shall become part of the record of the court; and
3 (8) in cases of reckless homicide afford the
4 victim's spouse, guardians, parents or other immediate
5 family members an opportunity to make oral statements.
6 (b) All sentences shall be imposed by the judge based
7 upon his independent assessment of the elements specified
8 above and any agreement as to sentence reached by the
9 parties. The judge who presided at the trial or the judge
10 who accepted the plea of guilty shall impose the sentence
11 unless he is no longer sitting as a judge in that court.
12 Where the judge does not impose sentence at the same time on
13 all defendants who are convicted as a result of being
14 involved in the same offense, the defendant or the State's
15 attorney may advise the sentencing court of the disposition
16 of any other defendants who have been sentenced.
17 (c) In imposing a sentence for a violent crime or for an
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, any other drug
20 or any combination thereof, or a similar provision of a local
21 ordinance, when such offense resulted in the personal injury
22 to someone other than the defendant, the trial judge shall
23 specify on the record the particular evidence, information,
24 factors in mitigation and aggravation or other reasons that
25 led to his sentencing determination. The full verbatim record
26 of the sentencing hearing shall be filed with the clerk of
27 the court and shall be a public record.
28 (c-1) In imposing a sentence for the offense of
29 aggravated kidnapping for ransom, home invasion, armed
30 robbery, aggravated vehicular hijacking, aggravated discharge
31 of a firearm, or armed violence with a category I weapon or
32 category II weapon, the trial judge shall make a finding as
33 to whether the conduct leading to conviction for the offense
34 resulted in great bodily harm to a victim, and shall enter
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1 that finding and the basis for that finding in the record.
2 (c-2) If the defendant is sentenced to prison, other
3 than when a sentence of natural life imprisonment or a
4 sentence of death is imposed, at the time the sentence is
5 imposed the judge shall state on the record in open court the
6 approximate period of time the defendant will serve in
7 custody according to the then current statutory rules and
8 regulations for early release found in Section 3-6-3 and
9 other related provisions of this Code. This statement is
10 intended solely to inform the public, has no legal effect on
11 the defendant's actual release, and may not be relied on by
12 the defendant on appeal.
13 The judge's statement, to be given after pronouncing the
14 sentence, other than when the sentence is imposed for one of
15 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
16 shall include the following:
17 "The purpose of this statement is to inform the public of
18 the actual period of time this defendant is likely to spend
19 in prison as a result of this sentence. The actual period of
20 prison time served is determined by the statutes of Illinois
21 as applied to this sentence by the Illinois Department of
22 Corrections and the Illinois Prisoner Review Board. In this
23 case, assuming the defendant receives all of his or her good
24 conduct credit, the period of estimated actual custody is ...
25 years and ... months, less up to 180 days additional good
26 conduct credit for meritorious service. If the defendant,
27 because of his or her own misconduct or failure to comply
28 with the institutional regulations, does not receive those
29 credits, the actual time served in prison will be longer.
30 The defendant may also receive an additional one-half day
31 good conduct credit for each day of participation in
32 vocational, industry, substance abuse, and educational
33 programs as provided for by Illinois statute."
34 When the sentence is imposed for one of the offenses
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1 enumerated in paragraph (a)(3) of Section 3-6-3, other than
2 when the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
4 or after the effective date of this amendatory Act of 1995,
5 and other than when the sentence is imposed for one of the
6 offenses enumerated in paragraph (a)(2.05) of Section 3-6-3
7 committed on or after the effective date of this amendatory
8 Act of 1997, the judge's statement, to be given after
9 pronouncing the sentence, shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 90 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply
21 with the institutional regulations, does not receive those
22 credits, the actual time served in prison will be longer.
23 The defendant may also receive an additional one-half day
24 good conduct credit for each day of participation in
25 vocational, industry, substance abuse, and educational
26 programs as provided for by Illinois statute."
27 When the sentence is imposed for one of the offenses
28 enumerated in paragraph (a)(2) of Section 3-6-3, other than
29 first degree murder, and the offense was committed on or
30 after the effective date of this amendatory Act of 1995, and
31 when the sentence is imposed for one of the offenses
32 enumerated in paragraph (a)(2.05) of Section 3-6-3 committed
33 on or after the effective date of this amendatory Act of
34 1997, the judge's statement, to be given after pronouncing
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1 the 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 (d) When the defendant is committed to the Department of
33 Corrections, the State's Attorney shall and counsel for the
34 defendant may file a statement with the clerk of the court to
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1 be transmitted to the department, agency or institution to
2 which the defendant is committed to furnish such department,
3 agency or institution with the facts and circumstances of the
4 offense for which the person was committed together with all
5 other factual information accessible to them in regard to the
6 person prior to his commitment relative to his habits,
7 associates, disposition and reputation and any other facts
8 and circumstances which may aid such department, agency or
9 institution during its custody of such person. The clerk
10 shall within 10 days after receiving any such statements
11 transmit a copy to such department, agency or institution and
12 a copy to the other party, provided, however, that this shall
13 not be cause for delay in conveying the person to the
14 department, agency or institution to which he has been
15 committed.
16 (e) The clerk of the court shall transmit to the
17 department, agency or institution, if any, to which the
18 defendant is committed, the following:
19 (1) the sentence imposed;
20 (2) any statement by the court of the basis for
21 imposing the sentence;
22 (3) any presentence reports;
23 (4) the number of days, if any, which the defendant
24 has been in custody and for which he is entitled to
25 credit against the sentence, which information shall be
26 provided to the clerk by the sheriff;
27 (4.1) any finding of great bodily harm made by the
28 court with respect to an offense enumerated in subsection
29 (c-1);
30 (5) all statements filed under subsection (d) of
31 this Section;
32 (6) any medical or mental health records or
33 summaries of the defendant;
34 (7) the municipality where the arrest of the
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1 offender or the commission of the offense has occurred,
2 where such municipality has a population of more than
3 25,000 persons;
4 (8) all statements made and evidence offered under
5 paragraph (7) of subsection (a) of this Section; and
6 (9) all additional matters which the court directs
7 the clerk to transmit.
8 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.