State of Illinois
90th General Assembly
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90_HB2024

      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
      person   convicted   of   felony   criminal   sexual   abuse,
      exploitation  of  a  child,  or  child  pornography shall not
      receive more than 4.5 days of good conduct  credit  for  each
      month of his or her sentence of imprisonment.
                                                     LRB9004863RCks
                                               LRB9004863RCks
 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
                            -2-                LRB9004863RCks
 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             (2.1)  For all offenses, other than those enumerated
14        in subdivision (a)(2) committed on or after the effective
15        date  of this amendatory Act of 1995 and other than those
16        enumerated in subdivision (a)(2.3) committed on or  after
17        the  effective  date  of this amendatory Act of 1997, the
18        rules and regulations shall provide that a  prisoner  who
19        is  serving  a term of imprisonment shall receive one day
20        of good conduct  credit  for  each  day  of  his  or  her
21        sentence  of  imprisonment  or recommitment under Section
22        3-3-9. Each  day of good conduct credit shall  reduce  by
23        one   day   the  prisoner's  period  of  imprisonment  or
24        recommitment under Section 3-3-9.
25             (2.2)  A prisoner serving a  term  of  natural  life
26        imprisonment  or  a  prisoner  who  has been sentenced to
27        death shall receive no good conduct credit.
28             (2.3)  The rules and regulations  on  early  release
29        shall  provide,  with respect to offenses committed on or
30        after the effective date of this amendatory Act of  1997,
31        that  a  prisoner  who  is  serving a sentence for felony
32        criminal sexual abuse, child pornography, or exploitation
33        of a child shall receive no more than 4.5  days  of  good
34        conduct  credit  for each month of his or her sentence of
                            -3-                LRB9004863RCks
 1        imprisonment.
 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 one  of  the  offenses
26        enumerated  in  subdivision  (a)(2.3) when the offense is
27        committed  on  or  after  the  effective  date  of   this
28        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
                            -4-                LRB9004863RCks
 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 subdivision paragraph (a)(2) of
12        this Section that is committed on or after the  effective
13        date  of  this amendatory Act of 1995, or if convicted of
14        an offense enumerated in  subdivision  (a)(2.3)  of  this
15        Section  that is committed on or after the effective date
16        of this amendatory Act of 1997, or first degree murder, a
17        Class X felony, criminal sexual assault, felony  criminal
18        sexual   abuse,   aggravated   criminal   sexual   abuse,
19        aggravated  battery with a firearm, or any predecessor or
20        successor offenses with the  same  or  substantially  the
21        same  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
                            -5-                LRB9004863RCks
 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
                            -6-                LRB9004863RCks
 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
                            -7-                LRB9004863RCks
 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
                            -8-                LRB9004863RCks
 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
                            -9-                LRB9004863RCks
 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.
                            -10-               LRB9004863RCks
 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:
                            -11-               LRB9004863RCks
 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 subdivision paragraph (a)(2) of  Section  3-6-3
22    committed  on  or after the effective date of this amendatory
23    Act of 1995 and other than when the sentence is  imposed  for
24    one  of  the  offenses  enumerated in subdivision (a)(2.3) of
25    Section 3-6-3 committed on or after  the  effective  date  of
26    this  amendatory  Act  of  1997, the judge's statement, to be
27    given after  pronouncing  the  sentence,  shall  include  the
28    following:
29        "The purpose of this statement is to inform the public of
30    the  actual  period of time this defendant is likely to spend
31    in prison as a result of this sentence.  The actual period of
32    prison time served is determined by the statutes of  Illinois
33    as  applied  to  this  sentence by the Illinois Department of
34    Corrections and the Illinois Prisoner Review Board.  In  this
                            -12-               LRB9004863RCks
 1    case,  assuming the defendant receives all of his or her good
 2    conduct credit, the period of estimated actual custody is ...
 3    years and ... months, less up  to  90  days  additional  good
 4    conduct  credit  for  meritorious service.  If the defendant,
 5    because of his or her own misconduct  or  failure  to  comply
 6    with  the  institutional  regulations, does not receive those
 7    credits, the actual time served in  prison  will  be  longer.
 8    The  defendant  may  also  receive an additional one-half day
 9    good  conduct  credit  for  each  day  of  participation   in
10    vocational,   industry,   substance  abuse,  and  educational
11    programs as provided for by Illinois statute."
12        When the sentence is imposed  for  one  of  the  offenses
13    enumerated  in subdivision paragraph (a)(2) of Section 3-6-3,
14    other than first degree murder, and the offense was committed
15    on or after the effective date  of  this  amendatory  Act  of
16    1995, or when the sentence is imposed for one of the offenses
17    enumerated  in  subdivision (a)(2.3) of Section 3-6-3 and the
18    offense was committed on or after the effective date of  this
19    amendatory  Act  of  1997, the judge's statement, to be given
20    after pronouncing the sentence, shall include the following:
21        "The purpose of this statement is to inform the public of
22    the actual period of time this defendant is likely  to  spend
23    in prison as a result of this sentence.  The actual period of
24    prison  time served is determined by the statutes of Illinois
25    as applied to this sentence by  the  Illinois  Department  of
26    Corrections  and the Illinois Prisoner Review Board.  In this
27    case, the defendant is entitled to no more than 4 1/2 days of
28    good conduct credit for each month of his or her sentence  of
29    imprisonment.   Therefore, this defendant will serve at least
30    85% of his or her sentence.  Assuming the defendant  receives
31    4  1/2 days credit for each month of his or her sentence, the
32    period of estimated actual  custody  is  ...  years  and  ...
33    months.   If  the  defendant,  because  of  his  or  her  own
34    misconduct  or  failure  to  comply  with  the  institutional
                            -13-               LRB9004863RCks
 1    regulations receives lesser credit, the actual time served in
 2    prison will be longer."
 3        When  a  sentence  of  imprisonment  is imposed for first
 4    degree murder and the offense was committed on or  after  the
 5    effective  date  of  this amendatory Act of 1995, the judge's
 6    statement, to be given after pronouncing the sentence,  shall
 7    include the following:
 8        "The purpose of this statement is to inform the public of
 9    the  actual  period of time this defendant is likely to spend
10    in prison as a result of this sentence.  The actual period of
11    prison time served is determined by the statutes of  Illinois
12    as  applied  to  this  sentence by the Illinois Department of
13    Corrections and the Illinois Prisoner Review Board.  In  this
14    case,  the  defendant is not entitled to good conduct credit.
15    Therefore, this defendant will  serve  100%  of  his  or  her
16    sentence."
17        (d)  When the defendant is committed to the Department of
18    Corrections,  the  State's Attorney shall and counsel for the
19    defendant may file a statement with the clerk of the court to
20    be transmitted to the department, agency  or  institution  to
21    which  the defendant is committed to furnish such department,
22    agency or institution with the facts and circumstances of the
23    offense for which the person was committed together with  all
24    other factual information accessible to them in regard to the
25    person  prior  to  his  commitment  relative  to  his habits,
26    associates, disposition and reputation and  any  other  facts
27    and  circumstances  which  may aid such department, agency or
28    institution during its custody of  such  person.   The  clerk
29    shall  within  10  days  after  receiving any such statements
30    transmit a copy to such department, agency or institution and
31    a copy to the other party, provided, however, that this shall
32    not be cause  for  delay  in  conveying  the  person  to  the
33    department,  agency  or  institution  to  which  he  has been
34    committed.
                            -14-               LRB9004863RCks
 1        (e)  The  clerk  of  the  court  shall  transmit  to  the
 2    department, agency or  institution,  if  any,  to  which  the
 3    defendant is committed, the following:
 4             (1)  the sentence imposed;
 5             (2)  any  statement  by  the  court of the basis for
 6        imposing the sentence;
 7             (3)  any presentence reports;
 8             (4)  the number of days, if any, which the defendant
 9        has been in custody and  for  which  he  is  entitled  to
10        credit  against  the sentence, which information shall be
11        provided to the clerk by the sheriff;
12             (4.1)  any finding of great bodily harm made by  the
13        court with respect to an offense enumerated in subsection
14        (c-1);
15             (5)  all  statements  filed  under subsection (d) of
16        this Section;
17             (6)  any  medical  or  mental  health   records   or
18        summaries of the defendant;
19             (7)  the   municipality  where  the  arrest  of  the
20        offender or the commission of the offense  has  occurred,
21        where  such  municipality  has  a population of more than
22        25,000 persons;
23             (8)  all statements made and evidence offered  under
24        paragraph (7) of subsection (a) of this Section; and
25             (9)  all  additional matters which the court directs
26        the clerk to transmit.
27    (Source: P.A. 89-404, eff. 8-20-95.)
28        (Text of Section after amendment by P.A. 89-507)
29        Sec. 5-4-1.  Sentencing Hearing.
30        (a)  Except  when  the  death  penalty  is  sought  under
31    hearing procedures otherwise specified, after a determination
32    of guilt, a hearing shall be held  to  impose  the  sentence.
33    However, prior to the imposition of sentence on an individual
34    being  sentenced  for  an  offense  based upon a charge for a
                            -15-               LRB9004863RCks
 1    violation of Section 11-501 of the Illinois Vehicle Code or a
 2    similar provision of a local ordinance, the  individual  must
 3    undergo  a professional evaluation to determine if an alcohol
 4    or other drug abuse problem exists and the extent of  such  a
 5    problem.   Programs  conducting  these  evaluations  shall be
 6    licensed by the Department of Human  Services.   However,  if
 7    the  individual is not a resident of Illinois, the court may,
 8    in its discretion, accept an evaluation from a program in the
 9    state of such individual's residence. The court  may  in  its
10    sentencing  order approve an eligible defendant for placement
11    in a Department of Corrections impact  incarceration  program
12    as  provided  in  Section  5-8-1.1.  At the hearing the court
13    shall:
14             (1)  consider the evidence, if  any,  received  upon
15        the trial;
16             (2)  consider any presentence reports;
17             (3)  consider  the financial impact of incarceration
18        based on the financial impact statement  filed  with  the
19        clerk of the court by the Department of Corrections;
20             (4)  consider  evidence  and  information offered by
21        the parties in aggravation and mitigation;
22             (5)  hear arguments as to sentencing alternatives;
23             (6)  afford the defendant the opportunity to make  a
24        statement in his own behalf;
25             (7)  afford  the  victim  of  a  violent  crime or a
26        violation of Section 11-501 of the Illinois Vehicle Code,
27        or a similar provision of a local ordinance, committed by
28        the  defendant  the  opportunity  to  make  a   statement
29        concerning the impact on the victim and to offer evidence
30        in aggravation or mitigation; provided that the statement
31        and  evidence  offered  in aggravation or mitigation must
32        first be prepared in  writing  in  conjunction  with  the
33        State's Attorney before it may be presented orally at the
34        hearing.  Any  sworn  testimony  offered by the victim is
                            -16-               LRB9004863RCks
 1        subject to the defendant's right  to  cross-examine.  All
 2        statements  and evidence offered under this paragraph (7)
 3        shall become part of the record of the court; and
 4             (8)  in  cases  of  reckless  homicide  afford   the
 5        victim's  spouse,  guardians,  parents or other immediate
 6        family members an opportunity to make oral statements.
 7        (b)  All sentences shall be imposed by  the  judge  based
 8    upon  his  independent  assessment  of the elements specified
 9    above and  any  agreement  as  to  sentence  reached  by  the
10    parties.   The  judge  who presided at the trial or the judge
11    who accepted the plea of guilty  shall  impose  the  sentence
12    unless  he  is  no  longer  sitting as a judge in that court.
13    Where the judge does not impose sentence at the same time  on
14    all  defendants  who  are  convicted  as  a  result  of being
15    involved in the same offense, the defendant  or  the  State's
16    attorney  may  advise the sentencing court of the disposition
17    of any other defendants who have been sentenced.
18        (c)  In imposing a sentence for a violent crime or for an
19    offense of operating  or  being  in  physical  control  of  a
20    vehicle  while under the influence of alcohol, any other drug
21    or any combination thereof, or a similar provision of a local
22    ordinance, when such offense resulted in the personal  injury
23    to  someone  other  than the defendant, the trial judge shall
24    specify on the record the particular  evidence,  information,
25    factors  in  mitigation and aggravation or other reasons that
26    led to his sentencing determination. The full verbatim record
27    of the sentencing hearing shall be filed with  the  clerk  of
28    the court and shall be a public record.
29        (c-1)  In   imposing   a  sentence  for  the  offense  of
30    aggravated  kidnapping  for  ransom,  home  invasion,   armed
31    robbery, aggravated vehicular hijacking, aggravated discharge
32    of  a  firearm, or armed violence with a category I weapon or
33    category II weapon, the trial judge shall make a  finding  as
34    to  whether the conduct leading to conviction for the offense
                            -17-               LRB9004863RCks
 1    resulted in great bodily harm to a victim,  and  shall  enter
 2    that finding and the basis for that finding in the record.
 3        (c-2)  If  the  defendant  is  sentenced to prison, other
 4    than when a  sentence  of  natural  life  imprisonment  or  a
 5    sentence  of  death  is  imposed, at the time the sentence is
 6    imposed the judge shall state on the record in open court the
 7    approximate period  of  time  the  defendant  will  serve  in
 8    custody  according  to  the  then current statutory rules and
 9    regulations for early release  found  in  Section  3-6-3  and
10    other  related  provisions  of  this Code.  This statement is
11    intended solely to inform the public, has no legal effect  on
12    the  defendant's  actual release, and may not be relied on by
13    the defendant on appeal.
14        The judge's statement, to be given after pronouncing  the
15    sentence,  other than when the sentence is imposed for one of
16    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
17    shall include the following:
18        "The purpose of this statement is to inform the public of
19    the actual period of time this defendant is likely  to  spend
20    in prison as a result of this sentence.  The actual period of
21    prison  time served is determined by the statutes of Illinois
22    as applied to this sentence by  the  Illinois  Department  of
23    Corrections  and the Illinois Prisoner Review Board.  In this
24    case, assuming the defendant receives all of his or her  good
25    conduct credit, the period of estimated actual custody is ...
26    years  and  ...  months,  less up to 180 days additional good
27    conduct credit for meritorious service.   If  the  defendant,
28    because  of  his  or  her own misconduct or failure to comply
29    with the institutional regulations, does  not  receive  those
30    credits,  the  actual  time  served in prison will be longer.
31    The defendant may also receive  an  additional  one-half  day
32    good   conduct  credit  for  each  day  of  participation  in
33    vocational,  industry,  substance  abuse,   and   educational
34    programs as provided for by Illinois statute."
                            -18-               LRB9004863RCks
 1        When  the  sentence  is  imposed  for one of the offenses
 2    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
 3    when  the  sentence  is  imposed  for  one  of  the  offenses
 4    enumerated  in  subdivision paragraph (a)(2) of Section 3-6-3
 5    committed on or after the effective date of  this  amendatory
 6    Act  of  1995 and other than when the sentence is imposed for
 7    one of the offenses enumerated  in  subdivision  (a)(2.3)  of
 8    Section  3-6-3  committed  on  or after the effective date of
 9    this amendatory Act of 1997, the  judge's  statement,  to  be
10    given  after  pronouncing  the  sentence,  shall  include the
11    following:
12        "The purpose of this statement is to inform the public of
13    the actual period of time this defendant is likely  to  spend
14    in prison as a result of this sentence.  The actual period of
15    prison  time served is determined by the statutes of Illinois
16    as applied to this sentence by  the  Illinois  Department  of
17    Corrections  and the Illinois Prisoner Review Board.  In this
18    case, assuming the defendant receives all of his or her  good
19    conduct credit, the period of estimated actual custody is ...
20    years  and  ...  months,  less  up to 90 days additional good
21    conduct credit for meritorious service.   If  the  defendant,
22    because  of  his  or  her own misconduct or failure to comply
23    with the institutional regulations, does  not  receive  those
24    credits,  the  actual  time  served in prison will be longer.
25    The defendant may also receive  an  additional  one-half  day
26    good   conduct  credit  for  each  day  of  participation  in
27    vocational,  industry,  substance  abuse,   and   educational
28    programs as provided for by Illinois statute."
29        When  the  sentence  is  imposed  for one of the offenses
30    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
31    first  degree  murder,  and  the  offense was committed on or
32    after the effective date of this amendatory Act of  1995  and
33    when  the  sentence  is  imposed  for  one  of  the  offenses
34    enumerated  in  subdivision (a)(2.3) of Section 3-6-3 and the
                            -19-               LRB9004863RCks
 1    offense was committed on or after the effective date of  this
 2    amendatory  Act  of  1997, the judge's statement, to be given
 3    after pronouncing the sentence, shall include the following:
 4        "The purpose of this statement is to inform the public of
 5    the actual period of time this defendant is likely  to  spend
 6    in prison as a result of this sentence.  The actual period of
 7    prison  time served is determined by the statutes of Illinois
 8    as applied to this sentence by  the  Illinois  Department  of
 9    Corrections  and the Illinois Prisoner Review Board.  In this
10    case, the defendant is entitled to no more than 4 1/2 days of
11    good conduct credit for each month of his or her sentence  of
12    imprisonment.   Therefore, this defendant will serve at least
13    85% of his or her sentence.  Assuming the defendant  receives
14    4  1/2 days credit for each month of his or her sentence, the
15    period of estimated actual  custody  is  ...  years  and  ...
16    months.   If  the  defendant,  because  of  his  or  her  own
17    misconduct  or  failure  to  comply  with  the  institutional
18    regulations receives lesser credit, the actual time served in
19    prison will be longer."
20        When  a  sentence  of  imprisonment  is imposed for first
21    degree murder and the offense was committed on or  after  the
22    effective  date  of  this amendatory Act of 1995, the judge's
23    statement, to be given after pronouncing the sentence,  shall
24    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,  the  defendant is not entitled to good conduct credit.
32    Therefore, this defendant will  serve  100%  of  his  or  her
33    sentence."
34        (d)  When the defendant is committed to the Department of
                            -20-               LRB9004863RCks
 1    Corrections,  the  State's Attorney shall and counsel for the
 2    defendant may file a statement with the clerk of the court to
 3    be transmitted to the department, agency  or  institution  to
 4    which  the defendant is committed to furnish such department,
 5    agency or institution with the facts and circumstances of the
 6    offense for which the person was committed together with  all
 7    other factual information accessible to them in regard to the
 8    person  prior  to  his  commitment  relative  to  his habits,
 9    associates, disposition and reputation and  any  other  facts
10    and  circumstances  which  may aid such department, agency or
11    institution during its custody of  such  person.   The  clerk
12    shall  within  10  days  after  receiving any such statements
13    transmit a copy to such department, agency or institution and
14    a copy to the other party, provided, however, that this shall
15    not be cause  for  delay  in  conveying  the  person  to  the
16    department,  agency  or  institution  to  which  he  has been
17    committed.
18        (e)  The  clerk  of  the  court  shall  transmit  to  the
19    department, agency or  institution,  if  any,  to  which  the
20    defendant is committed, the following:
21             (1)  the sentence imposed;
22             (2)  any  statement  by  the  court of the basis for
23        imposing the sentence;
24             (3)  any presentence reports;
25             (4)  the number of days, if any, which the defendant
26        has been in custody and  for  which  he  is  entitled  to
27        credit  against  the sentence, which information shall be
28        provided to the clerk by the sheriff;
29             (4.1)  any finding of great bodily harm made by  the
30        court with respect to an offense enumerated in subsection
31        (c-1);
32             (5)  all  statements  filed  under subsection (d) of
33        this Section;
34             (6)  any  medical  or  mental  health   records   or
                            -21-               LRB9004863RCks
 1        summaries of the defendant;
 2             (7)  the   municipality  where  the  arrest  of  the
 3        offender or the commission of the offense  has  occurred,
 4        where  such  municipality  has  a population of more than
 5        25,000 persons;
 6             (8)  all statements made and evidence offered  under
 7        paragraph (7) of subsection (a) of this Section; and
 8             (9)  all  additional matters which the court directs
 9        the clerk to transmit.
10    (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
11        Section 95.  No acceleration or delay.   Where  this  Act
12    makes changes in a statute that is represented in this Act by
13    text  that  is not yet or no longer in effect (for example, a
14    Section represented by multiple versions), the  use  of  that
15    text  does  not  accelerate or delay the taking effect of (i)
16    the changes made by this Act or (ii) provisions derived  from
17    any other Public Act.

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