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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 subdivisionparagraph(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 subdivisionparagraph(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 subdivisionparagraph(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 subdivisionparagraph(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.