State of Illinois
90th General Assembly
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[ Engrossed ][ House Amendment 001 ]

90_HB3158

      720 ILCS 5/9-1            from Ch. 38, par. 9-1
      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
      730 ILCS 5/5-8-1          from Ch. 38, par. 1005-8-1
          Amends the Criminal Code of 1961.  Provides that it is an
      aggravating factor for first degree murder  that  the  murder
      was  committed  as  a  result  of  certain streetgang related
      criminal activity.  Amends the Unified Code  of  Corrections.
      Provides  that  a  prisoner serving a sentence for a forcible
      felony when the court has made and entered a finding that the
      conduct leading to the conviction of the forcible felony  was
      streetgang  related  criminal  activity shall receive no more
      than 4.5 days of good conduct credit for each month of his or
      her sentence of imprisonment.  Provides that the penalty  for
      certain  first degree murders that were the result of certain
      streetgang related criminal activity, if  the  death  penalty
      was  not  imposed, is a term of imprisonment of not less than
      30 years and not more than 80 years.
                                                     LRB9010780RCks
                                               LRB9010780RCks
 1        AN ACT in relation to streetgangs, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 9-1 as follows:
 6        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
 7        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
 8    Exceptions - Separate Hearings - Proof - Findings - Appellate
 9    procedures - Reversals.
10        (a)  A person who  kills  an  individual  without  lawful
11    justification  commits  first degree murder if, in performing
12    the acts which cause the death:
13             (1)  he either intends to kill or  do  great  bodily
14        harm  to  that  individual or another, or knows that such
15        acts will cause death to that individual or another; or
16             (2)  he  knows  that  such  acts  create  a   strong
17        probability  of  death  or  great  bodily  harm  to  that
18        individual or another; or
19             (3)  he  is  attempting  or  committing  a  forcible
20        felony other than second degree murder.
21        (b)  Aggravating Factors.  A defendant who at the time of
22    the  commission  of the offense has attained the age of 18 or
23    more and who has been found guilty of first degree murder may
24    be sentenced to death if:
25             (1)  the murdered individual was a peace officer  or
26        fireman  killed  in the course of performing his official
27        duties,  to  prevent  the  performance  of  his  official
28        duties, or in retaliation  for  performing  his  official
29        duties,  and the defendant knew or should have known that
30        the murdered individual was a peace officer  or  fireman;
31        or
                            -2-                LRB9010780RCks
 1             (2)  the  murdered  individual was an employee of an
 2        institution or facility of the Department of Corrections,
 3        or any similar local correctional agency, killed  in  the
 4        course  of performing his official duties, to prevent the
 5        performance of his official duties, or in retaliation for
 6        performing  his  official   duties,   or   the   murdered
 7        individual  was an inmate at such institution or facility
 8        and was killed on the grounds thereof,  or  the  murdered
 9        individual  was  otherwise present in such institution or
10        facility with the knowledge and  approval  of  the  chief
11        administrative officer thereof; or
12             (3)  the  defendant  has been convicted of murdering
13        two or more individuals  under  subsection  (a)  of  this
14        Section  or  under any law of the United States or of any
15        state which is substantially similar to subsection (a) of
16        this Section regardless  of whether the  deaths  occurred
17        as  the  result  of the same act or of several related or
18        unrelated acts so long as the deaths were the  result  of
19        either  an  intent  to  kill  more  than one person or of
20        separate acts which the defendant knew would cause  death
21        or  create  a strong probability of death or great bodily
22        harm to the murdered individual or another; or
23             (4)  the murdered individual was killed as a  result
24        of  the  hijacking  of  an  airplane, train, ship, bus or
25        other public conveyance; or
26             (5)  the defendant committed the murder pursuant  to
27        a contract, agreement or understanding by which he was to
28        receive   money  or  anything  of  value  in  return  for
29        committing the murder or procured another to  commit  the
30        murder for money or anything of value; or
31             (6)  the  murdered  individual  was  killed  in  the
32        course of another felony if:
33                  (a)  the murdered individual:
34                       (i)  was actually killed by the defendant,
                            -3-                LRB9010780RCks
 1                  or
 2                       (ii)  received      physical      injuries
 3                  personally    inflicted    by   the   defendant
 4                  substantially contemporaneously  with  physical
 5                  injuries  caused  by  one  or  more persons for
 6                  whose  conduct   the   defendant   is   legally
 7                  accountable under Section 5-2 of this Code, and
 8                  the  physical  injuries inflicted by either the
 9                  defendant or the other person  or  persons  for
10                  whose  conduct he is legally accountable caused
11                  the death of the murdered individual; and
12                  (b)  in performing the acts  which  caused  the
13             death  of  the murdered individual or which resulted
14             in physical injuries  personally  inflicted  by  the
15             defendant  on  the  murdered  individual  under  the
16             circumstances  of  subdivision  (ii) of subparagraph
17             (a) of paragraph  (6)  of  subsection  (b)  of  this
18             Section, the defendant acted with the intent to kill
19             the  murdered  individual or with the knowledge that
20             his acts created a strong probability  of  death  or
21             great  bodily  harm  to  the  murdered individual or
22             another; and
23                  (c)  the other felony was one of the following:
24             armed robbery, armed  violence,  robbery,  predatory
25             criminal  sexual  assault  of  a  child,  aggravated
26             criminal   sexual  assault,  aggravated  kidnapping,
27             aggravated vehicular hijacking, forcible  detention,
28             arson,   aggravated   arson,   aggravated  stalking,
29             burglary,  residential  burglary,   home   invasion,
30             calculated  criminal  drug  conspiracy as defined in
31             Section 405 of the  Illinois  Controlled  Substances
32             Act,  streetgang criminal drug conspiracy as defined
33             in  Section  405.2  of   the   Illinois   Controlled
34             Substances  Act, or the attempt to commit any of the
                            -4-                LRB9010780RCks
 1             felonies listed in this subsection (c); or
 2             (7)  the murdered individual was under 12  years  of
 3        age  and  the death resulted from exceptionally brutal or
 4        heinous behavior indicative of wanton cruelty; or
 5             (8)  the defendant committed the murder with  intent
 6        to prevent the murdered individual from testifying in any
 7        criminal prosecution or giving material assistance to the
 8        State in any investigation or prosecution, either against
 9        the  defendant or another; or the defendant committed the
10        murder because the murdered individual was a  witness  in
11        any  prosecution or gave material assistance to the State
12        in any investigation or prosecution, either  against  the
13        defendant or another; or
14             (9)  the  defendant,  while  committing  an  offense
15        punishable  under Sections 401, 401.1, 401.2, 405, 405.2,
16        407 or 407.1 or subsection (b)  of  Section  404  of  the
17        Illinois Controlled Substances Act, or while engaged in a
18        conspiracy   or  solicitation  to  commit  such  offense,
19        intentionally  killed   an   individual   or   counseled,
20        commanded,  induced,  procured  or caused the intentional
21        killing of the murdered individual; or
22             (10)  the   defendant   was   incarcerated   in   an
23        institution or facility of the Department of  Corrections
24        at  the  time  of  the  murder,  and  while committing an
25        offense punishable as a felony  under  Illinois  law,  or
26        while  engaged  in a conspiracy or solicitation to commit
27        such  offense,  intentionally  killed  an  individual  or
28        counseled, commanded, induced,  procured  or  caused  the
29        intentional killing of the murdered individual; or
30             (11)  the murder was committed in a cold, calculated
31        and  premeditated manner pursuant to a preconceived plan,
32        scheme or design to take a human life by unlawful  means,
33        and  the  conduct  of  the defendant created a reasonable
34        expectation that the death of a human being would  result
                            -5-                LRB9010780RCks
 1        therefrom; or
 2             (12)  the   murdered  individual  was  an  emergency
 3        medical  technician  -   ambulance,   emergency   medical
 4        technician - intermediate, emergency medical technician -
 5        paramedic,  ambulance driver, or other medical assistance
 6        or first aid personnel, employed  by  a  municipality  or
 7        other   governmental   unit,  killed  in  the  course  of
 8        performing  his   official   duties,   to   prevent   the
 9        performance of his official duties, or in retaliation for
10        performing his official duties, and the defendant knew or
11        should  have  known  that  the murdered individual was an
12        emergency  medical  technician  -  ambulance,   emergency
13        medical  technician  -  intermediate,  emergency  medical
14        technician   -  paramedic,  ambulance  driver,  or  other
15        medical assistance or first aid personnel; or
16             (13)  the defendant was a  principal  administrator,
17        organizer,  or  leader  of  a  calculated  criminal  drug
18        conspiracy  consisting  of  a  hierarchical  position  of
19        authority  superior  to  that of all other members of the
20        conspiracy,  and  the  defendant  counseled,   commanded,
21        induced,  procured,  or caused the intentional killing of
22        the murdered person; or
23             (14)  the murder was intentional  and  involved  the
24        infliction  of  torture.  For the purpose of this Section
25        torture means the infliction of or subjection to  extreme
26        physical  pain,  motivated  by  an  intent to increase or
27        prolong the pain, suffering or agony of the victim; or
28             (15)  the murder was committed as a  result  of  the
29        intentional  discharge of a firearm by the defendant from
30        a motor vehicle and the victim was not present within the
31        motor vehicle; or
32             (16)  the murdered individual was 60 years of age or
33        older and the death resulted from exceptionally brutal or
34        heinous behavior indicative of wanton cruelty; or
                            -6-                LRB9010780RCks
 1             (17)  the murdered individual was a disabled  person
 2        and  the  defendant  knew  or  should have known that the
 3        murdered individual was disabled.  For purposes  of  this
 4        paragraph  (17),  "disabled  person"  means  a person who
 5        suffers from a permanent physical  or  mental  impairment
 6        resulting from disease, an injury, a functional disorder,
 7        or   a  congenital  condition  that  renders  the  person
 8        incapable of adequately providing  for  his  or  her  own
 9        health or personal care; or .
10             (18)  the  murder  was  committed  as  a  result  of
11        streetgang related criminal activity with the intent:
12                  (A)  to  increase  the gang's size, membership,
13             prestige, dominance, or control in any  geographical
14             area, or
15                  (B)  to  exact  revenge  or retribution for any
16             gang or member of the gang, or
17                  (C)  to  obstruct  justice  or  intimidate   or
18             eliminate any witness against the gang or any member
19             of the gang, or
20                  (D)  to   directly   or  indirectly  cause  any
21             benefit,  aggrandizement,  gain,  profit,  or  other
22             advantage  to  or  for  the  gang,  its  reputation,
23             influence, or membership.
24        For the purpose of this Section, "streetgang"  or  "gang"
25    has  the meaning ascribed to it by Section 10 of the Illinois
26    Streetgang Terrorism Omnibus Prevention Act.
27        (c)  Consideration  of   factors   in   Aggravation   and
28    Mitigation.
29        The  court  shall consider, or shall instruct the jury to
30    consider any aggravating and any mitigating factors which are
31    relevant to the imposition of the death penalty.  Aggravating
32    factors may include but need not be limited to those  factors
33    set  forth  in subsection (b). Mitigating factors may include
34    but need not be limited to the following:
                            -7-                LRB9010780RCks
 1             (1)  the defendant has  no  significant  history  of
 2        prior criminal activity;
 3             (2)  the  murder  was  committed while the defendant
 4        was under the influence of extreme  mental  or  emotional
 5        disturbance, although not such as to constitute a defense
 6        to prosecution;
 7             (3)  the  murdered  individual  was a participant in
 8        the defendant's homicidal conduct  or  consented  to  the
 9        homicidal act;
10             (4)  the  defendant  acted  under  the compulsion of
11        threat or menace of the imminent infliction of  death  or
12        great bodily harm;
13             (5)  the defendant was not personally present during
14        commission of the act or acts causing death.
15        (d)  Separate sentencing hearing.
16        Where  requested  by the State, the court shall conduct a
17    separate sentencing proceeding to determine the existence  of
18    factors  set  forth  in  subsection  (b)  and to consider any
19    aggravating or mitigating factors as indicated in  subsection
20    (c).  The proceeding shall be conducted:
21             (1)  before the jury that determined the defendant's
22        guilt; or
23             (2)  before a jury impanelled for the purpose of the
24        proceeding if:
25                  A.  the  defendant was convicted upon a plea of
26             guilty; or
27                  B.  the defendant was convicted after  a  trial
28             before the court sitting without a jury; or
29                  C.  the  court  for good cause shown discharges
30             the jury that determined the defendant's guilt; or
31             (3)  before the court alone if the defendant  waives
32        a jury for the separate proceeding.
33        (e)  Evidence and Argument.
34        During  the proceeding any information relevant to any of
                            -8-                LRB9010780RCks
 1    the factors set forth in subsection (b) may be  presented  by
 2    either  the  State or the defendant under the rules governing
 3    the  admission  of  evidence   at   criminal   trials.    Any
 4    information relevant to any additional aggravating factors or
 5    any  mitigating  factors  indicated  in subsection (c) may be
 6    presented  by  the  State  or  defendant  regardless  of  its
 7    admissibility under the  rules  governing  the  admission  of
 8    evidence  at  criminal  trials.  The  State and the defendant
 9    shall be given fair  opportunity  to  rebut  any  information
10    received at the hearing.
11        (f)  Proof.
12        The  burden of proof of establishing the existence of any
13    of the factors set forth in subsection (b) is  on  the  State
14    and  shall  not  be  satisfied  unless  established  beyond a
15    reasonable doubt.
16        (g)  Procedure - Jury.
17        If at the separate sentencing proceeding the  jury  finds
18    that  none of the factors set forth in subsection (b) exists,
19    the  court  shall  sentence  the  defendant  to  a  term   of
20    imprisonment   under   Chapter  V  of  the  Unified  Code  of
21    Corrections.  If there is a unanimous  finding  by  the  jury
22    that  one  or more of the factors set forth in subsection (b)
23    exist, the jury shall  consider  aggravating  and  mitigating
24    factors  as  instructed  by  the  court  and  shall determine
25    whether the sentence of death shall be imposed.  If the  jury
26    determines  unanimously  that there are no mitigating factors
27    sufficient to preclude the imposition of the death  sentence,
28    the court shall sentence the defendant to death.
29        Unless  the  jury  unanimously  finds  that  there are no
30    mitigating factors sufficient to preclude the  imposition  of
31    the  death sentence the court shall sentence the defendant to
32    a term of imprisonment under Chapter V of the Unified Code of
33    Corrections.
34        (h)  Procedure - No Jury.
                            -9-                LRB9010780RCks
 1        In a proceeding before the  court  alone,  if  the  court
 2    finds  that  none  of  the  factors  found  in subsection (b)
 3    exists, the court shall sentence the defendant to a  term  of
 4    imprisonment   under  Chapter  V  of   the  Unified  Code  of
 5    Corrections.
 6        If the Court determines that one or more of  the  factors
 7    set  forth in subsection (b) exists, the Court shall consider
 8    any  aggravating  and  mitigating  factors  as  indicated  in
 9    subsection (c).  If the Court determines that  there  are  no
10    mitigating  factors  sufficient to preclude the imposition of
11    the death sentence, the Court shall sentence the defendant to
12    death.
13        Unless the court  finds  that  there  are  no  mitigating
14    factors sufficient to preclude the imposition of the sentence
15    of death, the court shall sentence the defendant to a term of
16    imprisonment   under   Chapter  V  of  the  Unified  Code  of
17    Corrections.
18        (i)  Appellate Procedure.
19        The conviction and sentence of death shall be subject  to
20    automatic  review by the Supreme Court.  Such review shall be
21    in accordance with rules promulgated by the Supreme Court.
22        (j)  Disposition of reversed death sentence.
23        In the event that the death penalty in this Act  is  held
24    to  be  unconstitutional  by  the Supreme Court of the United
25    States or of the State of Illinois, any person  convicted  of
26    first degree murder shall be sentenced by the court to a term
27    of  imprisonment  under  Chapter  V  of  the  Unified Code of
28    Corrections.
29        In the event that any  death  sentence  pursuant  to  the
30    sentencing   provisions   of   this   Section   is   declared
31    unconstitutional by the Supreme Court of the United States or
32    of  the State of Illinois, the court having jurisdiction over
33    a person  previously  sentenced  to  death  shall  cause  the
34    defendant to be brought before the court, and the court shall
                            -10-               LRB9010780RCks
 1    sentence the  defendant  to  a  term  of  imprisonment  under
 2    Chapter V of the Unified Code of Corrections.
 3    (Source: P.A.  89-235,  eff.  8-4-95;  89-428, eff. 12-13-95;
 4    89-462, eff. 5-29-96;  89-498,  eff.  6-27-96;  90-213,  eff.
 5    1-1-98.)
 6        Section  10.   The Unified Code of Corrections is amended
 7    by changing Sections 3-6-3, 5-4-1, and 5-8-1 as follows:
 8        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 9        Sec. 3-6-3.  Rules and Regulations for Early Release.
10        (a)(1)  The Department  of  Corrections  shall  prescribe
11        rules and regulations for the early release on account of
12        good conduct of persons committed to the Department which
13        shall be subject to review by the Prisoner Review Board.
14             (2)  The  rules  and  regulations  on  early release
15        shall provide, with respect  to  offenses  enumerated  in
16        subdivisions  (a) (2), (i), ii, and (iii) committed on or
17        after the effective date of this amendatory Act  of  1995
18        and  with  respect  to offenses enumerated in subdivision
19        (a) (2) (iv) committed on or after the effective date  of
20        this amendatory Act of 1998, the following:
21                  (i)  that  a  prisoner who is serving a term of
22             imprisonment for first degree murder  shall  receive
23             no  good  conduct  credit and shall serve the entire
24             sentence imposed by the court;
25                  (ii)  that a prisoner serving  a  sentence  for
26             attempt  to commit first degree murder, solicitation
27             of  murder,  solicitation  of   murder   for   hire,
28             intentional  homicide  of an unborn child, predatory
29             criminal  sexual  assault  of  a  child,  aggravated
30             criminal sexual assault,  criminal  sexual  assault,
31             aggravated  kidnapping,   aggravated  battery with a
32             firearm, heinous battery, aggravated  battery  of  a
                            -11-               LRB9010780RCks
 1             senior  citizen,  or  aggravated  battery of a child
 2             shall receive no more than 4.5 days of good  conduct
 3             credit  for  each  month  of  his or her sentence of
 4             imprisonment; and
 5                  (iii)  that a prisoner serving a  sentence  for
 6             home  invasion,  armed robbery, aggravated vehicular
 7             hijacking, aggravated discharge  of  a  firearm,  or
 8             armed  violence with a category I weapon or category
 9             II weapon, when the court has  made  and  entered  a
10             finding,  pursuant  to  subsection  (c-1) of Section
11             5-4-1 of this Code,  that  the  conduct  leading  to
12             conviction  for  the  enumerated offense resulted in
13             great bodily harm to a victim, shall receive no more
14             than 4.5 days of good conduct credit for each  month
15             of his or her sentence of imprisonment; and .
16                  (iv)  that  a prisoner serving a sentence for a
17             forcible felony when the court has made and  entered
18             a  finding  under  subdivision  (c-1)(2)  of Section
19             5-4-1 of this Code that the conduct leading  to  the
20             conviction  of  the  forcible  felony was streetgang
21             related criminal activity shall receive no more than
22             4.5 days of good conduct credit for  each  month  of
23             his or her sentence of imprisonment.
24        For  purposes  of  this  Section,  "streetgang"  has  the
25    meaning  ascribed  to  it  in  Section  10  of  the  Illinois
26    Streetgang Terrorism Omnibus Prevention Act.
27             (2.1)  For all offenses, other than those enumerated
28        in subdivision (a)(2) committed on or after the effective
29        date  of  this  amendatory  Act  of  1995,  the rules and
30        regulations shall provide that a prisoner who is  serving
31        a  term  of  imprisonment  shall  receive one day of good
32        conduct credit for each day of his  or  her  sentence  of
33        imprisonment  or  recommitment  under Section 3-3-9. Each
34        day of good conduct credit shall reduce by  one  day  the
                            -12-               LRB9010780RCks
 1        prisoner's  period  of imprisonment or recommitment under
 2        Section 3-3-9.
 3             (2.2)  A prisoner serving a  term  of  natural  life
 4        imprisonment  or  a  prisoner  who  has been sentenced to
 5        death shall receive no good conduct credit.
 6             (3)  The rules and regulations  shall  also  provide
 7        that  the  Director  may  award up to 180 days additional
 8        good conduct credit for meritorious service  in  specific
 9        instances  as  the  Director deems proper; except that no
10        more than 90 days of good conduct credit for  meritorious
11        service shall be awarded to any prisoner who is serving a
12        sentence  for conviction of first degree murder, reckless
13        homicide while under the  influence  of  alcohol  or  any
14        other  drug, aggravated kidnapping, kidnapping, predatory
15        criminal sexual assault of a child,  aggravated  criminal
16        sexual  assault,  criminal sexual assault, deviate sexual
17        assault, aggravated  criminal  sexual  abuse,  aggravated
18        indecent  liberties with a child, indecent liberties with
19        a child, child pornography, heinous  battery,  aggravated
20        battery  of a spouse, aggravated battery of a spouse with
21        a  firearm,  stalking,  aggravated  stalking,  aggravated
22        battery of a child, endangering the life or health  of  a
23        child,  cruelty  to  a  child,  or narcotic racketeering.
24        Notwithstanding the foregoing, good  conduct  credit  for
25        meritorious service shall not be awarded on a sentence of
26        imprisonment   imposed  for  conviction  of  one  of  the
27        offenses  enumerated  in  subdivision  (a)(2)  when   the
28        offense  is  committed  on or after the effective date of
29        this amendatory Act of 1995.
30             (4)  The rules and regulations  shall  also  provide
31        that  the  good  conduct  credit accumulated and retained
32        under paragraph (2.1) of subsection (a) of  this  Section
33        by  any  inmate  during specific periods of time in which
34        such inmate  is  engaged  full-time  in  substance  abuse
                            -13-               LRB9010780RCks
 1        programs,    correctional    industry   assignments,   or
 2        educational programs provided  by  the  Department  under
 3        this  paragraph  (4)  and  satisfactorily  completes  the
 4        assigned  program  as  determined by the standards of the
 5        Department, shall be multiplied by a factor of  1.25  for
 6        program  participation  before the effective date of this
 7        amendatory Act of 1993 and 1.50 for program participation
 8        on or after that date.    However,  no  inmate  shall  be
 9        eligible  for  the  additional  good conduct credit under
10        this paragraph (4) while assigned to a boot camp,  mental
11        health  unit, or electronic detention, or if convicted of
12        an offense enumerated in paragraph (a)(2) of this Section
13        that is committed on or after the effective date of  this
14        amendatory Act of 1995, or first degree murder, a Class X
15        felony,  criminal  sexual assault, felony criminal sexual
16        abuse,  aggravated  criminal  sexual  abuse,   aggravated
17        battery  with  a firearm, or any predecessor or successor
18        offenses  with  the  same  or  substantially   the   same
19        elements,  or  any  inchoate  offenses  relating  to  the
20        foregoing  offenses.  No inmate shall be eligible for the
21        additional good conduct credit under this  paragraph  (4)
22        who  (i)  has  previously received increased good conduct
23        credit under this paragraph (4) and has subsequently been
24        convicted of a felony, or (ii) has previously served more
25        than one prior sentence of imprisonment for a  felony  in
26        an adult correctional facility.
27             Educational,   vocational,   substance   abuse   and
28        correctional  industry  programs under which good conduct
29        credit may be increased under this paragraph (4) shall be
30        evaluated by the Department on the  basis  of  documented
31        standards.   The  Department  shall report the results of
32        these  evaluations  to  the  Governor  and  the   General
33        Assembly  by  September  30th  of each year.  The reports
34        shall include data relating to the recidivism rate  among
                            -14-               LRB9010780RCks
 1        program participants.
 2             Availability  of  these programs shall be subject to
 3        the  limits  of  fiscal  resources  appropriated  by  the
 4        General Assembly for these  purposes.   Eligible  inmates
 5        who  are  denied immediate admission shall be placed on a
 6        waiting  list   under   criteria   established   by   the
 7        Department. The inability of any inmate to become engaged
 8        in  any  such  programs by reason of insufficient program
 9        resources or for any other reason established  under  the
10        rules  and  regulations  of  the  Department shall not be
11        deemed a cause of action under which  the  Department  or
12        any  employee  or agent of the Department shall be liable
13        for damages to the inmate.
14             (5)  Whenever  the  Department  is  to  release  any
15        inmate earlier than it otherwise would because of a grant
16        of good conduct credit for meritorious service  given  at
17        any  time  during  the  term,  the  Department shall give
18        reasonable advance notice of the impending release to the
19        State's Attorney of the county where the  prosecution  of
20        the inmate took place.
21        (b)  Whenever  a  person  is  or has been committed under
22    several convictions, with separate sentences,  the  sentences
23    shall  be  construed  under  Section  5-8-4  in  granting and
24    forfeiting of good time.
25        (c)  The Department shall prescribe rules and regulations
26    for revoking good conduct credit, or suspending  or  reducing
27    the  rate of accumulation of good conduct credit for specific
28    rule  violations,  during  imprisonment.   These  rules   and
29    regulations  shall  provide  that  no inmate may be penalized
30    more than one  year  of  good  conduct  credit  for  any  one
31    infraction.
32        When  the  Department  seeks to revoke, suspend or reduce
33    the rate of accumulation of any good conduct credits  for  an
34    alleged  infraction  of  its  rules,  it  shall bring charges
                            -15-               LRB9010780RCks
 1    therefor against the prisoner sought to  be  so  deprived  of
 2    good  conduct  credits  before  the  Prisoner Review Board as
 3    provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
 4    Code,  if  the  amount  of credit at issue exceeds 30 days or
 5    when during any 12 month period,  the  cumulative  amount  of
 6    credit revoked exceeds 30 days except where the infraction is
 7    committed  or discovered within 60 days of scheduled release.
 8    In those cases, the Department of Corrections may  revoke  up
 9    to 30 days of good conduct credit. The Board may subsequently
10    approve  the revocation of additional good conduct credit, if
11    the Department seeks to revoke good conduct credit in  excess
12    of  30  days.   However,  the Board shall not be empowered to
13    review the Department's decision with respect to the loss  of
14    30  days  of good conduct credit within any calendar year for
15    any prisoner or to increase any  penalty  beyond  the  length
16    requested by the Department.
17        The   Director  of  the  Department  of  Corrections,  in
18    appropriate cases, may restore up to  30  days  good  conduct
19    credits  which  have  been revoked, suspended or reduced. Any
20    restoration of good conduct credits  in  excess  of  30  days
21    shall  be  subject  to  review  by the Prisoner Review Board.
22    However, the Board may not restore  good  conduct  credit  in
23    excess of the amount requested by the Director.
24        Nothing  contained  in  this  Section  shall prohibit the
25    Prisoner Review Board  from  ordering,  pursuant  to  Section
26    3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
27    the sentence imposed by the court that was not served due  to
28    the accumulation of good conduct credit.
29        (d)  If  a  lawsuit is filed by a prisoner in an Illinois
30    or  federal  court  against  the  State,  the  Department  of
31    Corrections, or the Prisoner Review Board, or against any  of
32    their  officers  or employees, and the court makes a specific
33    finding that a pleading, motion, or other paper filed by  the
34    prisoner  is  frivolous,  the Department of Corrections shall
                            -16-               LRB9010780RCks
 1    conduct a hearing to revoke up to 180 days  of  good  conduct
 2    credit  by bringing charges against the prisoner sought to be
 3    deprived of the good  conduct  credits  before  the  Prisoner
 4    Review  Board  as  provided in subparagraph (a)(8) of Section
 5    3-3-2 of this Code. If the prisoner has not  accumulated  180
 6    days  of good conduct credit at the time of the finding, then
 7    the Prisoner Review Board may revoke all good conduct  credit
 8    accumulated by the prisoner.
 9        For purposes of this subsection (d):
10             (1)  "Frivolous"  means  that a pleading, motion, or
11        other filing which purports to be a legal document  filed
12        by  a  prisoner in his or her lawsuit meets any or all of
13        the following criteria:
14                  (A)  it lacks an arguable basis either  in  law
15             or in fact;
16                  (B)  it  is  being  presented  for any improper
17             purpose, such as to harass or to  cause  unnecessary
18             delay   or   needless   increase   in  the  cost  of
19             litigation;
20                  (C)  the  claims,  defenses,  and  other  legal
21             contentions therein are not  warranted  by  existing
22             law or by a nonfrivolous argument for the extension,
23             modification,  or  reversal  of  existing law or the
24             establishment of new law;
25                  (D)  the   allegations   and   other    factual
26             contentions  do  not have evidentiary support or, if
27             specifically so identified, are not likely  to  have
28             evidentiary  support  after a reasonable opportunity
29             for further investigation or discovery; or
30                  (E)  the denials of factual contentions are not
31             warranted on the evidence,  or  if  specifically  so
32             identified,  are  not  reasonably based on a lack of
33             information or belief.
34             (2)  "Lawsuit" means a petition for post  conviction
                            -17-               LRB9010780RCks
 1        relief   under  Article  122  of  the  Code  of  Criminal
 2        Procedure of 1963, a motion pursuant to Section 116-3  of
 3        the  Code  of Criminal Procedure of 1963, a habeas corpus
 4        action under Article X of the Code of Civil Procedure  or
 5        under  federal law (28 U.S.C. 2254), a petition for claim
 6        under the Court of Claims Act  or  an  action  under  the
 7        federal Civil Rights Act (42 U.S.C. 1983).
 8    (Source:  P.A.  89-404,  eff. 8-20-95; 89-428, eff. 12-13-95;
 9    89-462, eff.  5-29-96;  89-656,  eff.  1-1-97;  90-141,  eff.
10    1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
11        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
12        Sec. 5-4-1.  Sentencing Hearing.
13        (a)  Except  when  the  death  penalty  is  sought  under
14    hearing procedures otherwise specified, after a determination
15    of  guilt,  a  hearing  shall be held to impose the sentence.
16    However, prior to the imposition of sentence on an individual
17    being sentenced for an offense based  upon  a  charge  for  a
18    violation of Section 11-501 of the Illinois Vehicle Code or a
19    similar  provision  of a local ordinance, the individual must
20    undergo a professional evaluation to determine if an  alcohol
21    or  other  drug abuse problem exists and the extent of such a
22    problem.  Programs  conducting  these  evaluations  shall  be
23    licensed  by  the  Department of Human Services.  However, if
24    the individual is not a resident of Illinois, the court  may,
25    in its discretion, accept an evaluation from a program in the
26    state  of  such  individual's residence. The court may in its
27    sentencing order approve an eligible defendant for  placement
28    in  a  Department of Corrections impact incarceration program
29    as provided in Section 5-8-1.1.  At  the  hearing  the  court
30    shall:
31             (1)  consider  the  evidence,  if any, received upon
32        the trial;
33             (2)  consider any presentence reports;
                            -18-               LRB9010780RCks
 1             (3)  consider the financial impact of  incarceration
 2        based  on  the  financial impact statement filed with the
 3        clerk of the court by the Department of Corrections;
 4             (4)  consider evidence and  information  offered  by
 5        the parties in aggravation and mitigation;
 6             (5)  hear arguments as to sentencing alternatives;
 7             (6)  afford  the defendant the opportunity to make a
 8        statement in his own behalf;
 9             (7)  afford the victim  of  a  violent  crime  or  a
10        violation of Section 11-501 of the Illinois Vehicle Code,
11        or a similar provision of a local ordinance, committed by
12        the   defendant  the  opportunity  to  make  a  statement
13        concerning the impact on the victim and to offer evidence
14        in aggravation or mitigation; provided that the statement
15        and evidence offered in aggravation  or  mitigation  must
16        first  be  prepared  in  writing  in conjunction with the
17        State's Attorney before it may be presented orally at the
18        hearing. Any sworn testimony offered  by  the  victim  is
19        subject  to  the  defendant's right to cross-examine. All
20        statements and evidence offered under this paragraph  (7)
21        shall become part of the record of the court; and
22             (8)  in   cases  of  reckless  homicide  afford  the
23        victim's spouse, guardians, parents  or  other  immediate
24        family members an opportunity to make oral statements.
25        (b)  All  sentences  shall  be imposed by the judge based
26    upon his independent assessment  of  the  elements  specified
27    above  and  any  agreement  as  to  sentence  reached  by the
28    parties.  The judge who presided at the trial  or  the  judge
29    who  accepted  the  plea  of guilty shall impose the sentence
30    unless he is no longer sitting as  a  judge  in  that  court.
31    Where  the judge does not impose sentence at the same time on
32    all defendants  who  are  convicted  as  a  result  of  being
33    involved  in  the  same offense, the defendant or the State's
34    attorney may advise the sentencing court of  the  disposition
                            -19-               LRB9010780RCks
 1    of any other defendants who have been sentenced.
 2        (c)  In imposing a sentence for a violent crime or for an
 3    offense  of  operating  or  being  in  physical  control of a
 4    vehicle while under the influence of alcohol, any other  drug
 5    or any combination thereof, or a similar provision of a local
 6    ordinance,  when such offense resulted in the personal injury
 7    to someone other than the defendant, the  trial  judge  shall
 8    specify  on  the record the particular evidence, information,
 9    factors in mitigation and aggravation or other  reasons  that
10    led to his sentencing determination. The full verbatim record
11    of  the  sentencing  hearing shall be filed with the clerk of
12    the court and shall be a public record.
13        (c-1) 1.  In imposing  a  sentence  for  the  offense  of
14        aggravated  kidnapping  for  ransom, home invasion, armed
15        robbery,  aggravated  vehicular   hijacking,   aggravated
16        discharge of a firearm, or armed violence with a category
17        I  weapon  or  category  II weapon, the trial judge shall
18        make a finding as  to  whether  the  conduct  leading  to
19        conviction  for the offense resulted in great bodily harm
20        to a victim, and shall enter that finding and  the  basis
21        for that finding in the record.
22             2.  In  imposing  a  sentence for a forcible felony,
23        the trial judge shall make a finding as  to  whether  the
24        conduct  leading to the conviction of the forcible felony
25        was streetgang related criminal activity with the  intent
26        (i)  to  increase  the gang's size, membership, prestige,
27        dominance, or control in any geographical area,  or  (ii)
28        to exact revenge or retribution for any gang or member of
29        the  gang,  or (iii) to obstruct justice or intimidate or
30        eliminate any witness against the gang or member  of  the
31        gang,  or  (iv)  to  directly  or  indirectly  cause  any
32        benefit,  aggrandizement, gain, profit or other advantage
33        to  or  for  the  gang,  its  reputation,  influence   or
34        membership.
                            -20-               LRB9010780RCks
 1        For  the  purpose of this Section, "streetgang" or "gang"
 2    has the meaning ascribed to it in Section 10 of the  Illinois
 3    Streetgang Terrorism Omnibus Prevention Act.
 4        (c-2)  If  the  defendant  is  sentenced to prison, other
 5    than when a  sentence  of  natural  life  imprisonment  or  a
 6    sentence  of  death  is  imposed, at the time the sentence is
 7    imposed the judge shall state on the record in open court the
 8    approximate period  of  time  the  defendant  will  serve  in
 9    custody  according  to  the  then current statutory rules and
10    regulations for early release  found  in  Section  3-6-3  and
11    other  related  provisions  of  this Code.  This statement is
12    intended solely to inform the public, has no legal effect  on
13    the  defendant's  actual release, and may not be relied on by
14    the defendant on appeal.
15        The judge's statement, to be given after pronouncing  the
16    sentence,  other than when the sentence is imposed for one of
17    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
18    shall include the following:
19        "The purpose of this statement is to inform the public of
20    the actual period of time this defendant is likely  to  spend
21    in prison as a result of this sentence.  The actual period of
22    prison  time served is determined by the statutes of Illinois
23    as applied to this sentence by  the  Illinois  Department  of
24    Corrections  and the Illinois Prisoner Review Board.  In this
25    case, assuming the defendant receives all of his or her  good
26    conduct credit, the period of estimated actual custody is ...
27    years  and  ...  months,  less up to 180 days additional good
28    conduct credit for meritorious service.   If  the  defendant,
29    because  of  his  or  her own misconduct or failure to comply
30    with the institutional regulations, does  not  receive  those
31    credits,  the  actual  time  served in prison will be longer.
32    The defendant may also receive  an  additional  one-half  day
33    good   conduct  credit  for  each  day  of  participation  in
34    vocational,  industry,  substance  abuse,   and   educational
                            -21-               LRB9010780RCks
 1    programs as provided for by Illinois statute."
 2        When  the  sentence  is  imposed  for one of the offenses
 3    enumerated in paragraph (a)(3) of Section 3-6-3,  other  than
 4    when  the  sentence  is  imposed  for  one  of  the  offenses
 5    enumerated  in paragraph (a)(2) of Section 3-6-3 committed on
 6    or after the effective date of this amendatory Act  of  1995,
 7    the  judge's  statement,  to  be  given after pronouncing the
 8    sentence, shall include the following:
 9        "The purpose of this statement is to inform the public of
10    the actual period of time this defendant is likely  to  spend
11    in prison as a result of this sentence.  The actual period of
12    prison  time served is determined by the statutes of Illinois
13    as applied to this sentence by  the  Illinois  Department  of
14    Corrections  and the Illinois Prisoner Review Board.  In this
15    case, assuming the defendant receives all of his or her  good
16    conduct credit, the period of estimated actual custody is ...
17    years  and  ...  months,  less  up to 90 days additional good
18    conduct credit for meritorious service.   If  the  defendant,
19    because  of  his  or  her own misconduct or failure to comply
20    with the institutional regulations, does  not  receive  those
21    credits,  the  actual  time  served in prison will be longer.
22    The defendant may also receive  an  additional  one-half  day
23    good   conduct  credit  for  each  day  of  participation  in
24    vocational,  industry,  substance  abuse,   and   educational
25    programs as provided for by Illinois statute."
26        When  the  sentence  is  imposed  for one of the offenses
27    enumerated in paragraph (a)(2) of Section 3-6-3,  other  than
28    first  degree  murder,  and  the  offense was committed on or
29    after the effective date of this amendatory Act of 1995,  the
30    judge's   statement,   to  be  given  after  pronouncing  the
31    sentence, shall include the following:
32        "The purpose of this statement is to inform the public of
33    the actual period of time this defendant is likely  to  spend
34    in prison as a result of this sentence.  The actual period of
                            -22-               LRB9010780RCks
 1    prison  time served is determined by the statutes of Illinois
 2    as applied to this sentence by  the  Illinois  Department  of
 3    Corrections  and the Illinois Prisoner Review Board.  In this
 4    case, the defendant is entitled to no more than 4 1/2 days of
 5    good conduct credit for each month of his or her sentence  of
 6    imprisonment.   Therefore, this defendant will serve at least
 7    85% of his or her sentence.  Assuming the defendant  receives
 8    4  1/2 days credit for each month of his or her sentence, the
 9    period of estimated actual  custody  is  ...  years  and  ...
10    months.   If  the  defendant,  because  of  his  or  her  own
11    misconduct  or  failure  to  comply  with  the  institutional
12    regulations receives lesser credit, the actual time served in
13    prison will be longer."
14        When  a  sentence  of  imprisonment  is imposed for first
15    degree murder and the offense was committed on or  after  the
16    effective  date  of  this amendatory Act of 1995, the judge's
17    statement, to be given after pronouncing the sentence,  shall
18    include the following:
19        "The purpose of this statement is to inform the public of
20    the  actual  period of time this defendant is likely to spend
21    in prison as a result of this sentence.  The actual period of
22    prison time served is determined by the statutes of  Illinois
23    as  applied  to  this  sentence by the Illinois Department of
24    Corrections and the Illinois Prisoner Review Board.  In  this
25    case,  the  defendant is not entitled to good conduct credit.
26    Therefore, this defendant will  serve  100%  of  his  or  her
27    sentence."
28        (d)  When the defendant is committed to the Department of
29    Corrections,  the  State's Attorney shall and counsel for the
30    defendant may file a statement with the clerk of the court to
31    be transmitted to the department, agency  or  institution  to
32    which  the defendant is committed to furnish such department,
33    agency or institution with the facts and circumstances of the
34    offense for which the person was committed together with  all
                            -23-               LRB9010780RCks
 1    other factual information accessible to them in regard to the
 2    person  prior  to  his  commitment  relative  to  his habits,
 3    associates, disposition and reputation and  any  other  facts
 4    and  circumstances  which  may aid such department, agency or
 5    institution during its custody of  such  person.   The  clerk
 6    shall  within  10  days  after  receiving any such statements
 7    transmit a copy to such department, agency or institution and
 8    a copy to the other party, provided, however, that this shall
 9    not be cause  for  delay  in  conveying  the  person  to  the
10    department,  agency  or  institution  to  which  he  has been
11    committed.
12        (e)  The  clerk  of  the  court  shall  transmit  to  the
13    department, agency or  institution,  if  any,  to  which  the
14    defendant is committed, the following:
15             (1)  the sentence imposed;
16             (2)  any  statement  by  the  court of the basis for
17        imposing the sentence;
18             (3)  any presentence reports;
19             (4)  the number of days, if any, which the defendant
20        has been in custody and  for  which  he  is  entitled  to
21        credit  against  the sentence, which information shall be
22        provided to the clerk by the sheriff;
23             (4.1)  any finding of great bodily harm made by  the
24        court with respect to an offense enumerated in subsection
25        (c-1);
26             (5)  all  statements  filed  under subsection (d) of
27        this Section;
28             (6)  any  medical  or  mental  health   records   or
29        summaries of the defendant;
30             (7)  the   municipality  where  the  arrest  of  the
31        offender or the commission of the offense  has  occurred,
32        where  such  municipality  has  a population of more than
33        25,000 persons;
34             (8)  all statements made and evidence offered  under
                            -24-               LRB9010780RCks
 1        paragraph (7) of subsection (a) of this Section; and
 2             (9)  all  additional matters which the court directs
 3        the clerk to transmit.
 4    (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
 5        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
 6        Sec. 5-8-1. Sentence of Imprisonment for Felony.
 7        (a)  Except as otherwise provided in the statute defining
 8    the offense, a sentence of imprisonment for a felony shall be
 9    a determinate sentence set by the court under  this  Section,
10    according to the following limitations:
11             (1)  for first degree murder,
12                  (a)  a term shall be not less than 20 years and
13             not more than 60 years, or
14                  (a-5)  if  the  court  finds  that  the conduct
15             leading  to  the  murder  was   streetgang   related
16             criminal  activity  with  the intent (i) to increase
17             the gang's size, membership, prestige, dominance, or
18             control in any geographical area, or (ii)  to  exact
19             revenge or retribution for any gang or member of the
20             gang,  or (iii) to obstruct justice or intimidate or
21             eliminate any witness against the gang or any member
22             of the gang, or (iv) to directly or indirectly cause
23             any benefit, aggrandizement, gain, profit  or  other
24             advantage  to  or  for  the  gang,  its  reputation,
25             influence  or  membership,  the court shall sentence
26             the defendant to a term of not less than 30 and  not
27             more than 80 years.
28        For  the  purpose of this Section, "streetgang" or "gang"
29    has the meaning ascribed to it by Section 10 of the  Illinois
30    Streetgang Terrorism Omnibus Prevention Act.
31                  (b)  if  the  court  finds  that the murder was
32             accompanied  by  exceptionally  brutal  or   heinous
33             behavior  indicative of wanton cruelty or, except as
                            -25-               LRB9010780RCks
 1             set forth in subsection (a)(1)(c) of  this  Section,
 2             that  any  of  the  aggravating  factors  listed  in
 3             subsection  (b)  of Section 9-1 of the Criminal Code
 4             of 1961 are present,  the  court  may  sentence  the
 5             defendant to a term of natural life imprisonment, or
 6                  (c)  the  court shall sentence the defendant to
 7             a term of natural life imprisonment when  the  death
 8             penalty is not imposed if the defendant,
 9                       (i)  has   previously  been  convicted  of
10                  first degree murder under any state or  federal
11                  law, or
12                       (ii)  is  a person who, at the time of the
13                  commission of the murder, had attained the  age
14                  of  17 or more and is found guilty of murdering
15                  an  individual  under  12  years  of  age;  or,
16                  irrespective of the defendant's age at the time
17                  of the commission  of  the  offense,  is  found
18                  guilty of murdering more than one victim, or
19                       (iii)  is  found  guilty  of  murdering  a
20                  peace officer or fireman when the peace officer
21                  or   fireman   was  killed  in  the  course  of
22                  performing his official duties, or  to  prevent
23                  the  peace  officer  or fireman from performing
24                  his official duties, or in retaliation for  the
25                  peace   officer   or   fireman  performing  his
26                  official duties,  and  the  defendant  knew  or
27                  should  have known that the murdered individual
28                  was a peace officer or fireman, or
29                       (iv)  is  found  guilty  of  murdering  an
30                  employee of an institution or facility  of  the
31                  Department of Corrections, or any similar local
32                  correctional  agency,  when  the  employee  was
33                  killed in the course of performing his official
34                  duties,   or   to  prevent  the  employee  from
                            -26-               LRB9010780RCks
 1                  performing   his   official   duties,   or   in
 2                  retaliation for  the  employee  performing  his
 3                  official duties, or
 4                       (v)  is   found  guilty  of  murdering  an
 5                  emergency  medical  technician   -   ambulance,
 6                  emergency  medical  technician  - intermediate,
 7                  emergency  medical  technician   -   paramedic,
 8                  ambulance driver or other medical assistance or
 9                  first   aid   person   while   employed   by  a
10                  municipality or other  governmental  unit  when
11                  the   person   was  killed  in  the  course  of
12                  performing official duties or  to  prevent  the
13                  person  from  performing  official duties or in
14                  retaliation for performing official duties  and
15                  the  defendant  knew  or should have known that
16                  the  murdered  individual  was   an   emergency
17                  medical   technician   -  ambulance,  emergency
18                  medical technician  -  intermediate,  emergency
19                  medical   technician   -  paramedic,  ambulance
20                  driver, or other medical assistant or first aid
21                  personnel, or
22                       (vi)  is a person who, at the time of  the
23                  commission  of the murder, had not attained the
24                  age of 17, and is found guilty of  murdering  a
25                  person  under 12 years of age and the murder is
26                  committed  during  the  course  of   aggravated
27                  criminal   sexual   assault,   criminal  sexual
28                  assault, or aggravated kidnaping.
29                  For purposes of clause (v), "emergency  medical
30             technician    -   ambulance",   "emergency   medical
31             technician  -  intermediate",   "emergency   medical
32             technician  - paramedic", have the meanings ascribed
33             to them in  the  Emergency  Medical  Services  (EMS)
34             Systems Act.
                            -27-               LRB9010780RCks
 1             (1.5)  for second degree murder, a term shall be not
 2        less than 4 years and not more than 20 years;
 3             (2)  for a person adjudged a habitual criminal under
 4        Article 33B of the Criminal Code of 1961, as amended, the
 5        sentence shall be a term of natural life imprisonment;
 6             (2.5)  for    a    person    convicted   under   the
 7        circumstances described in paragraph  (3)  of  subsection
 8        (b)  of Section 12-13, paragraph (2) of subsection (d) of
 9        Section 12-14, or paragraph  (2)  of  subsection  (b)  of
10        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
11        sentence shall be a term of natural life imprisonment;
12             (3)  except  as  otherwise  provided  in the statute
13        defining the offense, for a Class X felony, the  sentence
14        shall  be  not  less  than  6  years and not more than 30
15        years;
16             (4)  for a Class 1 felony, other than second  degree
17        murder,  the  sentence shall be not less than 4 years and
18        not more than 15 years;
19             (5)  for a Class 2 felony, the sentence shall be not
20        less than 3 years and not more than 7 years;
21             (6)  for a Class 3 felony, the sentence shall be not
22        less than 2 years and not more than 5 years;
23             (7)  for a Class 4 felony, the sentence shall be not
24        less than 1 year and not more than 3 years.
25        (b)  The sentencing judge in each felony conviction shall
26    set forth his reasons for imposing the particular sentence he
27    enters in the case, as provided  in  Section  5-4-1  of  this
28    Code.    Those   reasons   may   include  any  mitigating  or
29    aggravating factors specified in this Code, or  the  lack  of
30    any  such circumstances, as well as any other such factors as
31    the judge shall set forth on the record that  are  consistent
32    with  the  purposes  and  principles of sentencing set out in
33    this Code.
34        (c)  A motion to reduce a sentence may be  made,  or  the
                            -28-               LRB9010780RCks
 1    court  may  reduce  a sentence without motion, within 30 days
 2    after the sentence is imposed.  A  defendant's  challenge  to
 3    the  correctness  of  a  sentence  or  to  any  aspect of the
 4    sentencing hearing shall be made by a  written  motion  filed
 5    within   30   days  following  the  imposition  of  sentence.
 6    However, the court may not increase a  sentence  once  it  is
 7    imposed.
 8        If  a  motion filed pursuant to this subsection is timely
 9    filed within 30 days  after  the  sentence  is  imposed,  the
10    proponent  of  the  motion  shall  exercise  due diligence in
11    seeking a determination on the motion  and  the  court  shall
12    thereafter decide such motion within a reasonable time.
13        If  a  motion filed pursuant to this subsection is timely
14    filed within 30 days after the sentence is imposed, then  for
15    purposes  of perfecting an appeal, a final judgment shall not
16    be considered to have been entered until the motion to reduce
17    a sentence has been decided by order  entered  by  the  trial
18    court.
19        A  motion  filed pursuant to this subsection shall not be
20    considered to have been timely filed unless it is filed  with
21    the  circuit court clerk within 30 days after the sentence is
22    imposed together with a notice of  motion,  which  notice  of
23    motion shall set the motion on the court's calendar on a date
24    certain within a reasonable time after the date of filing.
25        (d)  Except  where  a  term  of  natural life is imposed,
26    every sentence shall include as though written therein a term
27    in addition to the term of imprisonment. For those  sentenced
28    under  the law in effect prior to February 1, 1978, such term
29    shall be identified as a parole term.  For those sentenced on
30    or after February 1, 1978, such term shall be identified as a
31    mandatory  supervised  release  term.   Subject  to   earlier
32    termination  under  Section  3-3-8,  the  parole or mandatory
33    supervised release term shall be as follows:
34             (1)  for first degree murder or a Class X felony,  3
                            -29-               LRB9010780RCks
 1        years;
 2             (2)  for  a  Class  1  felony or a Class 2 felony, 2
 3        years;
 4             (3)  for a Class 3 felony or a  Class  4  felony,  1
 5        year.
 6        (e)  A   defendant  who  has  a  previous  and  unexpired
 7    sentence of imprisonment imposed by another state or  by  any
 8    district  court  of the United States and who, after sentence
 9    for a crime in Illinois, must return to serve  the  unexpired
10    prior  sentence  may  have his sentence by the Illinois court
11    ordered to be concurrent with the prior sentence in the other
12    state. The court may  order  that  any  time  served  on  the
13    unexpired  portion  of the sentence in the other state, prior
14    to his return to Illinois, shall be credited on his  Illinois
15    sentence.  The  other state shall be furnished with a copy of
16    the order imposing sentence which shall  provide  that,  when
17    the offender is released from confinement of the other state,
18    whether by parole or by termination of sentence, the offender
19    shall  be transferred by the Sheriff of the committing county
20    to the Illinois Department of Corrections.  The  court  shall
21    cause  the  Department  of Corrections to be notified of such
22    sentence at the time of commitment and to  be  provided  with
23    copies of all records regarding the sentence.
24        (f)  A   defendant  who  has  a  previous  and  unexpired
25    sentence of imprisonment imposed by an Illinois circuit court
26    for a crime in this State and who is  subsequently  sentenced
27    to a term of imprisonment by another state or by any district
28    court  of  the  United  States  and  who has served a term of
29    imprisonment imposed by the other state or district court  of
30    the  United  States,  and must  return to serve the unexpired
31    prior sentence imposed by  the  Illinois  Circuit  Court  may
32    apply  to  the  court  which  imposed  sentence  to  have his
33    sentence reduced.
34        The circuit court may order that any time served  on  the
                            -30-               LRB9010780RCks
 1    sentence  imposed by the other state or district court of the
 2    United States be credited  on  his  Illinois  sentence.  Such
 3    application   for    reduction   of  a  sentence  under  this
 4    subsection (f)  shall  be  made  within  30  days  after  the
 5    defendant  has  completed  the  sentence imposed by the other
 6    state or district court of the United States.
 7    (Source: P.A. 89-203, eff. 7-21-95;  89-428,  eff.  12-13-95;
 8    89-462, eff. 5-29-96; 90-396, eff. 1-1-98.)

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