[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3312
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-3.1
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Reenacts the
Truth-In-Sentencing provisions from P.A. 89-404 as amended by
subsequent Public Acts that were declared unconstitutional by
the DuPage County Circuit Court. Extends the reporting
deadline by the Truth-In-Sentencing Commission to report
recommended legislation to the Governor and General Assembly
from March 1, 1997 to March 1, 1999. Effective immediately.
LRB9009007RCks
LRB9009007RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3, 3-6-3.1, 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
6 by changing Sections 3-6-3, 3-6-3.1, 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
10 prescribe rules and regulations for the early release on
11 account of good conduct of persons committed to the
12 Department which shall be subject to review by the
13 Prisoner Review Board.
14 (2) The rules and regulations on early release
15 shall provide, with respect to offenses committed on or
16 after the effective date of this amendatory Act of 1998,
17 the following:
18 (i) that a prisoner who is serving a term of
19 imprisonment for first degree murder shall receive
20 no good conduct credit and shall serve the entire
21 sentence imposed by the court;
22 (ii) that a prisoner serving a sentence for
23 attempt to commit first degree murder, solicitation
24 of murder, solicitation of murder for hire,
25 intentional homicide of an unborn child, predatory
26 criminal sexual assault of a child, aggravated
27 criminal sexual assault, criminal sexual assault,
28 aggravated kidnapping, aggravated battery with a
29 firearm, heinous battery, aggravated battery of a
30 senior citizen, or aggravated battery of a child
31 shall receive no more than 4.5 days of good conduct
-2- LRB9009007RCks
1 credit for each month of his or her sentence of
2 imprisonment; and
3 (iii) that a prisoner serving a sentence for
4 home invasion, armed robbery, aggravated vehicular
5 hijacking, aggravated discharge of a firearm, or
6 armed violence with a category I weapon or category
7 II weapon, when the court has made and entered a
8 finding, pursuant to subsection (c-1) of Section
9 5-4-1 of this Code, that the conduct leading to
10 conviction for the enumerated offense resulted in
11 great bodily harm to a victim, shall receive no more
12 than 4.5 days of good conduct credit for each month
13 of his or her sentence of imprisonment.
14 (2.1) For all offenses, other than those enumerated
15 in subdivision (a)(2) committed on or after the effective
16 date of this amendatory Act of 1998, the rules and
17 regulations shall provide that a prisoner who is serving
18 a term of imprisonment shall receive one day of good
19 conduct credit for each day of his or her sentence of
20 imprisonment or recommitment under Section 3-3-9. Each
21 day of good conduct credit shall reduce by one day the
22 prisoner's period of imprisonment or recommitment under
23 Section 3-3-9.
24 (2.2) A prisoner serving a term of natural life
25 imprisonment or a prisoner who has been sentenced to
26 death shall receive no good conduct credit.
27 (3) The rules and regulations shall also provide
28 that the Director may award up to 180 days additional
29 good conduct credit for meritorious service in specific
30 instances as the Director deems proper; except that no
31 more than 90 days of good conduct credit for meritorious
32 service shall be awarded to any prisoner who is serving a
33 sentence for conviction of first degree murder, reckless
34 homicide while under the influence of alcohol or any
-3- LRB9009007RCks
1 other drug, aggravated kidnapping, kidnapping, predatory
2 criminal sexual assault of a child, aggravated criminal
3 sexual assault, criminal sexual assault, deviate sexual
4 assault, aggravated criminal sexual abuse, aggravated
5 indecent liberties with a child, indecent liberties with
6 a child, child pornography, heinous battery, aggravated
7 battery of a spouse, aggravated battery of a spouse with
8 a firearm, stalking, aggravated stalking, aggravated
9 battery of a child, endangering the life or health of a
10 child, cruelty to a child, or narcotic racketeering.
11 Notwithstanding the foregoing, good conduct credit for
12 meritorious service shall not be awarded on a sentence of
13 imprisonment imposed for conviction of one of the
14 offenses enumerated in subdivision (a)(2) when the
15 offense is committed on or after the effective date of
16 this amendatory Act of 1998.
17 (4) The rules and regulations shall also provide
18 that the good conduct credit accumulated and retained
19 under paragraph (2.1) of subsection (a) of this Section
20 by any inmate during specific periods of time in which
21 such inmate is engaged full-time in substance abuse
22 programs, correctional industry assignments, or
23 educational programs provided by the Department under
24 this paragraph (4) and satisfactorily completes the
25 assigned program as determined by the standards of the
26 Department, shall be multiplied by a factor of 1.25 for
27 program participation before August 11, 1993 and 1.50 for
28 program participation on or after that date. However, no
29 inmate shall be eligible for the additional good conduct
30 credit under this paragraph (4) while assigned to a boot
31 camp, mental health unit, or electronic detention, or if
32 convicted of an offense enumerated in paragraph (a)(2) of
33 this Section that is committed on or after the effective
34 date of this amendatory Act of 1998, or first degree
-4- LRB9009007RCks
1 murder, a Class X felony, criminal sexual assault, felony
2 criminal sexual abuse, aggravated criminal sexual abuse,
3 aggravated battery with a firearm, or any predecessor or
4 successor offenses with the same or substantially the
5 same elements, or any inchoate offenses relating to the
6 foregoing offenses. No inmate shall be eligible for the
7 additional good conduct credit under this paragraph (4)
8 who (i) has previously received increased good conduct
9 credit under this paragraph (4) and has subsequently been
10 convicted of a felony, or (ii) has previously served more
11 than one prior sentence of imprisonment for a felony in
12 an adult correctional facility.
13 Educational, vocational, substance abuse and
14 correctional industry programs under which good conduct
15 credit may be increased under this paragraph (4) shall be
16 evaluated by the Department on the basis of documented
17 standards. The Department shall report the results of
18 these evaluations to the Governor and the General
19 Assembly by September 30th of each year. The reports
20 shall include data relating to the recidivism rate among
21 program participants.
22 Availability of these programs shall be subject to
23 the limits of fiscal resources appropriated by the
24 General Assembly for these purposes. Eligible inmates
25 who are denied immediate admission shall be placed on a
26 waiting list under criteria established by the
27 Department. The inability of any inmate to become engaged
28 in any such programs by reason of insufficient program
29 resources or for any other reason established under the
30 rules and regulations of the Department shall not be
31 deemed a cause of action under which the Department or
32 any employee or agent of the Department shall be liable
33 for damages to the inmate.
34 (5) Whenever the Department is to release any
-5- LRB9009007RCks
1 inmate earlier than it otherwise would because of a grant
2 of good conduct credit for meritorious service given at
3 any time during the term, the Department shall give
4 reasonable advance notice of the impending release to the
5 State's Attorney of the county where the prosecution of
6 the inmate took place.
7 (b) Whenever a person is or has been committed under
8 several convictions, with separate sentences, the sentences
9 shall be construed under Section 5-8-4 in granting and
10 forfeiting of good time.
11 (c) The Department shall prescribe rules and regulations
12 for revoking good conduct credit, or suspending or reducing
13 the rate of accumulation of good conduct credit for specific
14 rule violations, during imprisonment. These rules and
15 regulations shall provide that no inmate may be penalized
16 more than one year of good conduct credit for any one
17 infraction.
18 When the Department seeks to revoke, suspend or reduce
19 the rate of accumulation of any good conduct credits for an
20 alleged infraction of its rules, it shall bring charges
21 therefor against the prisoner sought to be so deprived of
22 good conduct credits before the Prisoner Review Board as
23 provided in subparagraph (a)(4) of Section 3-3-2 of this
24 Code, if the amount of credit at issue exceeds 30 days or
25 when during any 12 month period, the cumulative amount of
26 credit revoked exceeds 30 days except where the infraction is
27 committed or discovered within 60 days of scheduled release.
28 In those cases, the Department of Corrections may revoke up
29 to 30 days of good conduct credit. The Board may subsequently
30 approve the revocation of additional good conduct credit, if
31 the Department seeks to revoke good conduct credit in excess
32 of 30 days. However, the Board shall not be empowered to
33 review the Department's decision with respect to the loss of
34 30 days of good conduct credit within any calendar year for
-6- LRB9009007RCks
1 any prisoner or to increase any penalty beyond the length
2 requested by the Department.
3 The Director of the Department of Corrections, in
4 appropriate cases, may restore up to 30 days good conduct
5 credits which have been revoked, suspended or reduced. Any
6 restoration of good conduct credits in excess of 30 days
7 shall be subject to review by the Prisoner Review Board.
8 However, the Board may not restore good conduct credit in
9 excess of the amount requested by the Director.
10 Nothing contained in this Section shall prohibit the
11 Prisoner Review Board from ordering, pursuant to Section
12 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
13 the sentence imposed by the court that was not served due to
14 the accumulation of good conduct credit.
15 (d) If a lawsuit is filed by a prisoner in an Illinois
16 or federal court against the State, the Department of
17 Corrections, or the Prisoner Review Board, or against any of
18 their officers or employees, and the court makes a specific
19 finding that a pleading, motion, or other paper filed by the
20 prisoner is frivolous, the Department of Corrections shall
21 conduct a hearing to revoke up to 180 days of good conduct
22 credit by bringing charges against the prisoner sought to be
23 deprived of the good conduct credits before the Prisoner
24 Review Board as provided in subparagraph (a)(8) of Section
25 3-3-2 of this Code. If the prisoner has not accumulated 180
26 days of good conduct credit at the time of the finding, then
27 the Prisoner Review Board may revoke all good conduct credit
28 accumulated by the prisoner.
29 For purposes of this subsection (d):
30 (1) "Frivolous" means that a pleading, motion, or
31 other filing which purports to be a legal document filed
32 by a prisoner in his or her lawsuit meets any or all of
33 the following criteria:
34 (A) it lacks an arguable basis either in law
-7- LRB9009007RCks
1 or in fact;
2 (B) it is being presented for any improper
3 purpose, such as to harass or to cause unnecessary
4 delay or needless increase in the cost of
5 litigation;
6 (C) the claims, defenses, and other legal
7 contentions therein are not warranted by existing
8 law or by a nonfrivolous argument for the extension,
9 modification, or reversal of existing law or the
10 establishment of new law;
11 (D) the allegations and other factual
12 contentions do not have evidentiary support or, if
13 specifically so identified, are not likely to have
14 evidentiary support after a reasonable opportunity
15 for further investigation or discovery; or
16 (E) the denials of factual contentions are not
17 warranted on the evidence, or if specifically so
18 identified, are not reasonably based on a lack of
19 information or belief.
20 (2) "Lawsuit" means a petition for post conviction
21 relief under Article 122 of the Code of Criminal
22 Procedure of 1963, a motion pursuant to Section 116-3 of
23 the Code of Criminal Procedure of 1963, a habeas corpus
24 action under Article X of the Code of Civil Procedure or
25 under federal law (28 U.S.C. 2254), a petition for claim
26 under the Court of Claims Act or an action under the
27 federal Civil Rights Act (42 U.S.C. 1983).
28 (e) Nothing in this amendatory Act of 1998 affects the
29 validity of Public Act 89-404.
30 (a)(1) The Department of Corrections shall
31 prescribe rules and regulations for the early release on
32 account of good conduct of persons committed to the
33 Department which shall be subject to review by the
34 Prisoner Review Board.
-8- LRB9009007RCks
1 (2) The rules and regulations on early release
2 shall provide, with respect to offenses committed on or
3 after the effective date of this amendatory Act of 1995,
4 the following:
5 (i) that a prisoner who is serving a term of
6 imprisonment for first degree murder shall receive
7 no good conduct credit and shall serve the entire
8 sentence imposed by the court;
9 (ii) that a prisoner serving a sentence for
10 attempt to commit first degree murder, solicitation
11 of murder, solicitation of murder for hire,
12 intentional homicide of an unborn child, predatory
13 criminal sexual assault of a child, aggravated
14 criminal sexual assault, criminal sexual assault,
15 aggravated kidnapping, aggravated battery with a
16 firearm, heinous battery, aggravated battery of a
17 senior citizen, or aggravated battery of a child
18 shall receive no more than 4.5 days of good conduct
19 credit for each month of his or her sentence of
20 imprisonment; and
21 (iii) that a prisoner serving a sentence for
22 home invasion, armed robbery, aggravated vehicular
23 hijacking, aggravated discharge of a firearm, or
24 armed violence with a category I weapon or category
25 II weapon, when the court has made and entered a
26 finding, pursuant to subsection (c-1) of Section
27 5-4-1 of this Code, that the conduct leading to
28 conviction for the enumerated offense resulted in
29 great bodily harm to a victim, shall receive no more
30 than 4.5 days of good conduct credit for each month
31 of his or her sentence of imprisonment.
32 (2.1) For all offenses, other than those enumerated
33 in subdivision (a)(2) committed on or after the effective
34 date of this amendatory Act of 1995, the rules and
-9- LRB9009007RCks
1 regulations shall provide that a prisoner who is serving
2 a term of imprisonment shall receive one day of good
3 conduct credit for each day of his or her sentence of
4 imprisonment or recommitment under Section 3-3-9. Each
5 day of good conduct credit shall reduce by one day the
6 prisoner's period of imprisonment or recommitment under
7 Section 3-3-9.
8 (2.2) A prisoner serving a term of natural life
9 imprisonment or a prisoner who has been sentenced to
10 death shall receive no good conduct credit.
11 (3) The rules and regulations shall also provide
12 that the Director may award up to 180 days additional
13 good conduct credit for meritorious service in specific
14 instances as the Director deems proper; except that no
15 more than 90 days of good conduct credit for meritorious
16 service shall be awarded to any prisoner who is serving a
17 sentence for conviction of first degree murder, reckless
18 homicide while under the influence of alcohol or any
19 other drug, aggravated kidnapping, kidnapping, predatory
20 criminal sexual assault of a child, aggravated criminal
21 sexual assault, criminal sexual assault, deviate sexual
22 assault, aggravated criminal sexual abuse, aggravated
23 indecent liberties with a child, indecent liberties with
24 a child, child pornography, heinous battery, aggravated
25 battery of a spouse, aggravated battery of a spouse with
26 a firearm, stalking, aggravated stalking, aggravated
27 battery of a child, endangering the life or health of a
28 child, cruelty to a child, or narcotic racketeering.
29 Notwithstanding the foregoing, good conduct credit for
30 meritorious service shall not be awarded on a sentence of
31 imprisonment imposed for conviction of one of the
32 offenses enumerated in subdivision (a)(2) when the
33 offense is committed on or after the effective date of
34 this amendatory Act of 1995.
-10- LRB9009007RCks
1 (4) The rules and regulations shall also provide
2 that the good conduct credit accumulated and retained
3 under paragraph (2.1) of subsection (a) of this Section
4 by any inmate during specific periods of time in which
5 such inmate is engaged full-time in substance abuse
6 programs, correctional industry assignments, or
7 educational programs provided by the Department under
8 this paragraph (4) and satisfactorily completes the
9 assigned program as determined by the standards of the
10 Department, shall be multiplied by a factor of 1.25 for
11 program participation before the effective date of this
12 amendatory Act of 1993 and 1.50 for program participation
13 on or after that date. However, no inmate shall be
14 eligible for the additional good conduct credit under
15 this paragraph (4) while assigned to a boot camp, mental
16 health unit, or electronic detention, or if convicted of
17 an offense enumerated in paragraph (a)(2) of this Section
18 that is committed on or after the effective date of this
19 amendatory Act of 1995, or first degree murder, a Class X
20 felony, criminal sexual assault, felony criminal sexual
21 abuse, aggravated criminal sexual abuse, aggravated
22 battery with a firearm, or any predecessor or successor
23 offenses with the same or substantially the same
24 elements, or any inchoate offenses relating to the
25 foregoing offenses. No inmate shall be eligible for the
26 additional good conduct credit under this paragraph (4)
27 who (i) has previously received increased good conduct
28 credit under this paragraph (4) and has subsequently been
29 convicted of a felony, or (ii) has previously served more
30 than one prior sentence of imprisonment for a felony in
31 an adult correctional facility.
32 Educational, vocational, substance abuse and
33 correctional industry programs under which good conduct
34 credit may be increased under this paragraph (4) shall be
-11- LRB9009007RCks
1 evaluated by the Department on the basis of documented
2 standards. The Department shall report the results of
3 these evaluations to the Governor and the General
4 Assembly by September 30th of each year. The reports
5 shall include data relating to the recidivism rate among
6 program participants.
7 Availability of these programs shall be subject to
8 the limits of fiscal resources appropriated by the
9 General Assembly for these purposes. Eligible inmates
10 who are denied immediate admission shall be placed on a
11 waiting list under criteria established by the
12 Department. The inability of any inmate to become engaged
13 in any such programs by reason of insufficient program
14 resources or for any other reason established under the
15 rules and regulations of the Department shall not be
16 deemed a cause of action under which the Department or
17 any employee or agent of the Department shall be liable
18 for damages to the inmate.
19 (5) Whenever the Department is to release any
20 inmate earlier than it otherwise would because of a grant
21 of good conduct credit for meritorious service given at
22 any time during the term, the Department shall give
23 reasonable advance notice of the impending release to the
24 State's Attorney of the county where the prosecution of
25 the inmate took place.
26 (b) Whenever a person is or has been committed under
27 several convictions, with separate sentences, the sentences
28 shall be construed under Section 5-8-4 in granting and
29 forfeiting of good time.
30 (c) The Department shall prescribe rules and regulations
31 for revoking good conduct credit, or suspending or reducing
32 the rate of accumulation of good conduct credit for specific
33 rule violations, during imprisonment. These rules and
34 regulations shall provide that no inmate may be penalized
-12- LRB9009007RCks
1 more than one year of good conduct credit for any one
2 infraction.
3 When the Department seeks to revoke, suspend or reduce
4 the rate of accumulation of any good conduct credits for an
5 alleged infraction of its rules, it shall bring charges
6 therefor against the prisoner sought to be so deprived of
7 good conduct credits before the Prisoner Review Board as
8 provided in subparagraph (a)(4) of Section 3-3-2 of this
9 Code, if the amount of credit at issue exceeds 30 days or
10 when during any 12 month period, the cumulative amount of
11 credit revoked exceeds 30 days except where the infraction is
12 committed or discovered within 60 days of scheduled release.
13 In those cases, the Department of Corrections may revoke up
14 to 30 days of good conduct credit. The Board may subsequently
15 approve the revocation of additional good conduct credit, if
16 the Department seeks to revoke good conduct credit in excess
17 of 30 days. However, the Board shall not be empowered to
18 review the Department's decision with respect to the loss of
19 30 days of good conduct credit within any calendar year for
20 any prisoner or to increase any penalty beyond the length
21 requested by the Department.
22 The Director of the Department of Corrections, in
23 appropriate cases, may restore up to 30 days good conduct
24 credits which have been revoked, suspended or reduced. Any
25 restoration of good conduct credits in excess of 30 days
26 shall be subject to review by the Prisoner Review Board.
27 However, the Board may not restore good conduct credit in
28 excess of the amount requested by the Director.
29 Nothing contained in this Section shall prohibit the
30 Prisoner Review Board from ordering, pursuant to Section
31 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
32 the sentence imposed by the court that was not served due to
33 the accumulation of good conduct credit.
34 (d) If a lawsuit is filed by a prisoner in an Illinois
-13- LRB9009007RCks
1 or federal court against the State, the Department of
2 Corrections, or the Prisoner Review Board, or against any of
3 their officers or employees, and the court makes a specific
4 finding that a pleading, motion, or other paper filed by the
5 prisoner is frivolous, the Department of Corrections shall
6 conduct a hearing to revoke up to 180 days of good conduct
7 credit by bringing charges against the prisoner sought to be
8 deprived of the good conduct credits before the Prisoner
9 Review Board as provided in subparagraph (a)(8) of Section
10 3-3-2 of this Code. If the prisoner has not accumulated 180
11 days of good conduct credit at the time of the finding, then
12 the Prisoner Review Board may revoke all good conduct credit
13 accumulated by the prisoner.
14 For purposes of this subsection (d):
15 (1) "Frivolous" means that a pleading, motion, or
16 other filing which purports to be a legal document filed
17 by a prisoner in his or her lawsuit meets any or all of
18 the following criteria:
19 (A) it lacks an arguable basis either in law
20 or in fact;
21 (B) it is being presented for any improper
22 purpose, such as to harass or to cause unnecessary
23 delay or needless increase in the cost of
24 litigation;
25 (C) the claims, defenses, and other legal
26 contentions therein are not warranted by existing
27 law or by a nonfrivolous argument for the extension,
28 modification, or reversal of existing law or the
29 establishment of new law;
30 (D) the allegations and other factual
31 contentions do not have evidentiary support or, if
32 specifically so identified, are not likely to have
33 evidentiary support after a reasonable opportunity
34 for further investigation or discovery; or
-14- LRB9009007RCks
1 (E) the denials of factual contentions are not
2 warranted on the evidence, or if specifically so
3 identified, are not reasonably based on a lack of
4 information or belief.
5 (2) "Lawsuit" means a petition for post conviction
6 relief under Article 122 of the Code of Criminal
7 Procedure of 1963, a motion pursuant to Section 116-3 of
8 the Code of Criminal Procedure of 1963, a habeas corpus
9 action under Article X of the Code of Civil Procedure or
10 under federal law (28 U.S.C. 2254), a petition for claim
11 under the Court of Claims Act or an action under the
12 federal Civil Rights Act (42 U.S.C. 1983).
13 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
14 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
15 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
16 (730 ILCS 5/3-6-3.1)
17 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
18 (a) Legislative findings. The General Assembly finds
19 that violent crime continues to be a severe problem in
20 Illinois. Criminals sentenced to prison for violating the
21 laws of Illinois are often released after serving a fraction
22 of their sentence under Illinois' early release statute. The
23 early release of criminals from prison after they are
24 sentenced to longer terms in court misleads the public as
25 well as victims of crime. Many of these criminals return to
26 a life of crime immediately upon their early release from
27 prison, committing violent acts including murder and rape.
28 Public safety, as well as the integrity of the justice
29 system, demands that criminals serve the sentences handed
30 down by the courts, and that a Truth-in-Sentencing Commission
31 be established to effectuate this goal.
32 (b) Truth-in-Sentencing Commission. There is created
33 the Illinois Truth-in-Sentencing Commission, to consist of 13
-15- LRB9009007RCks
1 members as follows:
2 (1) Three members appointed by the Governor, one of
3 whom shall be a member of the faculty of an accredited
4 Illinois law school;
5 (2) The Attorney General or his or her designee;
6 (3) One member appointed by the President of the
7 Senate;
8 (4) One member appointed by the Minority Leader of
9 the Senate;
10 (5) One member appointed by the Speaker of the
11 House of Representatives;
12 (6) One member appointed by the Minority Leader of
13 the House of Representatives;
14 (7) The Director of the Illinois Department of
15 Corrections or his or her designee;
16 (8) The State's Attorney of Cook County or his or
17 her designee;
18 (9) The Executive Director of the Illinois Criminal
19 Justice Information Authority or his or her designee;
20 (10) The President of the Illinois State's
21 Attorneys Association; and
22 (11) The President of the Illinois Association of
23 Chiefs of Police.
24 All appointments shall be filed with the Secretary of
25 State by the appointing authority.
26 (c) Duties of the Commission. This Commission shall:
27 (1) develop and monitor legislation facilitating
28 the implementation of Truth-in-Sentencing laws which
29 require criminals to serve at least 85% of their
30 court-imposed sentences, using any information and
31 recommendations available regarding those laws;
32 (2) review the funding provisions of the Violent
33 Crime Control Act of 1994, and any subsequent federal
34 legislation of a comparable nature, to comment in
-16- LRB9009007RCks
1 appropriate federal rulemaking and legislative processes
2 on State law enforcement, correctional, and fiscal
3 concerns, and, upon the finalization of federal
4 requirements, to determine what is required to obtain
5 maximum federal funding to assist the State in
6 implementing Truth-in-Sentencing laws; and
7 (3) study the possibility of changing sentences in
8 order to more accurately reflect the actual time spent in
9 prison, while preserving the system's ability to punish
10 criminals justly and equitably.
11 (d) Organization. The Commission shall elect a Chair
12 and Vice-Chair from among its members at its first meeting.
13 The members of the Commission shall serve without
14 compensation but shall be reimbursed for reasonable expenses
15 incurred in the course of performing their duties.
16 (e) Intergovernmental cooperation. The Illinois
17 Criminal Justice Information Authority shall assist the
18 Commission with any and all research and drafting necessary
19 to fulfill its duties. The Illinois Department of
20 Corrections shall give any reasonable assistance to the
21 Commission, including making available all pertinent
22 statistical information at the Department's disposal.
23 (f) The Commission shall present a full report and a
24 draft of appropriate Truth-in-Sentencing legislation to the
25 Governor and the General Assembly no later than March 1,
26 1999.
27 (a) Legislative findings. The General Assembly finds
28 that violent crime continues to be a severe problem in
29 Illinois. Criminals sentenced to prison for violating the
30 laws of Illinois are often released after serving a fraction
31 of their sentence under Illinois' early release statute. The
32 early release of criminals from prison after they are
33 sentenced to longer terms in court misleads the public as
34 well as victims of crime. Many of these criminals return to
-17- LRB9009007RCks
1 a life of crime immediately upon their early release from
2 prison, committing violent acts including murder and rape.
3 Public safety, as well as the integrity of the justice
4 system, demands that criminals serve the sentences handed
5 down by the courts, and that a Truth-in-Sentencing Commission
6 be established to effectuate this goal.
7 (b) Truth-in-Sentencing Commission. There is created
8 the Illinois Truth-in-Sentencing Commission, to consist of 13
9 members as follows:
10 (1) Three members appointed by the Governor, one of
11 whom shall be a member of the faculty of an accredited
12 Illinois law school;
13 (2) The Attorney General or his or her designee;
14 (3) One member appointed by the President of the
15 Senate;
16 (4) One member appointed by the Minority Leader of
17 the Senate;
18 (5) One member appointed by the Speaker of the
19 House of Representatives;
20 (6) One member appointed by the Minority Leader of
21 the House of Representatives;
22 (7) The Director of the Illinois Department of
23 Corrections or his or her designee;
24 (8) The State's Attorney of Cook County or his or
25 her designee;
26 (9) The Executive Director of the Illinois Criminal
27 Justice Information Authority or his or her designee;
28 (10) The President of the Illinois State's
29 Attorneys Association; and
30 (11) The President of the Illinois Association of
31 Chiefs of Police.
32 All appointments shall be filed with the Secretary of
33 State by the appointing authority.
34 (c) Duties of the Commission. This Commission shall:
-18- LRB9009007RCks
1 (1) develop and monitor legislation facilitating
2 the implementation of Truth-in-Sentencing laws which
3 require criminals to serve at least 85% of their
4 court-imposed sentences, using any information and
5 recommendations available regarding those laws;
6 (2) review the funding provisions of the Violent
7 Crime Control Act of 1994, and any subsequent federal
8 legislation of a comparable nature, to comment in
9 appropriate federal rulemaking and legislative processes
10 on State law enforcement, correctional, and fiscal
11 concerns, and, upon the finalization of federal
12 requirements, to determine what is required to obtain
13 maximum federal funding to assist the State in
14 implementing Truth-in-Sentencing laws; and
15 (3) study the possibility of changing sentences in
16 order to more accurately reflect the actual time spent in
17 prison, while preserving the system's ability to punish
18 criminals justly and equitably.
19 (d) Organization. The Commission shall elect a Chair
20 and Vice-Chair from among its members at its first meeting.
21 The members of the Commission shall serve without
22 compensation but shall be reimbursed for reasonable expenses
23 incurred in the course of performing their duties.
24 (e) Intergovernmental cooperation. The Illinois
25 Criminal Justice Information Authority shall assist the
26 Commission with any and all research and drafting necessary
27 to fulfill its duties. The Illinois Department of
28 Corrections shall give any reasonable assistance to the
29 Commission, including making available all pertinent
30 statistical information at the Department's disposal.
31 (f) The Commission shall present a full report and a
32 draft of appropriate Truth-in-Sentencing legislation to the
33 Governor and the General Assembly no later than March 1,
34 1997.
-19- LRB9009007RCks
1 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
2 89-689, eff. 12-31-96.)
3 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
4 Sec. 5-4-1. Sentencing Hearing.
5 (a) Except when the death penalty is sought under
6 hearing procedures otherwise specified, after a determination
7 of guilt, a hearing shall be held to impose the sentence.
8 However, prior to the imposition of sentence on an individual
9 being sentenced for an offense based upon a charge for a
10 violation of Section 11-501 of the Illinois Vehicle Code or a
11 similar provision of a local ordinance, the individual must
12 undergo a professional evaluation to determine if an alcohol
13 or other drug abuse problem exists and the extent of such a
14 problem. Programs conducting these evaluations shall be
15 licensed by the Department of Human Services. However, if
16 the individual is not a resident of Illinois, the court may,
17 in its discretion, accept an evaluation from a program in the
18 state of such individual's residence. The court may in its
19 sentencing order approve an eligible defendant for placement
20 in a Department of Corrections impact incarceration program
21 as provided in Section 5-8-1.1. At the hearing the court
22 shall:
23 (1) consider the evidence, if any, received upon
24 the trial;
25 (2) consider any presentence reports;
26 (3) consider the financial impact of incarceration
27 based on the financial impact statement filed with the
28 clerk of the court by the Department of Corrections;
29 (4) consider evidence and information offered by
30 the parties in aggravation and mitigation;
31 (5) hear arguments as to sentencing alternatives;
32 (6) afford the defendant the opportunity to make a
33 statement in his own behalf;
-20- LRB9009007RCks
1 (7) afford the victim of a violent crime or a
2 violation of Section 11-501 of the Illinois Vehicle Code,
3 or a similar provision of a local ordinance, committed by
4 the defendant the opportunity to make a statement
5 concerning the impact on the victim and to offer evidence
6 in aggravation or mitigation; provided that the statement
7 and evidence offered in aggravation or mitigation must
8 first be prepared in writing in conjunction with the
9 State's Attorney before it may be presented orally at the
10 hearing. Any sworn testimony offered by the victim is
11 subject to the defendant's right to cross-examine. All
12 statements and evidence offered under this paragraph (7)
13 shall become part of the record of the court; and
14 (8) in cases of reckless homicide afford the
15 victim's spouse, guardians, parents or other immediate
16 family members an opportunity to make oral statements.
17 (b) All sentences shall be imposed by the judge based
18 upon his independent assessment of the elements specified
19 above and any agreement as to sentence reached by the
20 parties. The judge who presided at the trial or the judge
21 who accepted the plea of guilty shall impose the sentence
22 unless he is no longer sitting as a judge in that court.
23 Where the judge does not impose sentence at the same time on
24 all defendants who are convicted as a result of being
25 involved in the same offense, the defendant or the State's
26 attorney may advise the sentencing court of the disposition
27 of any other defendants who have been sentenced.
28 (c) In imposing a sentence for a violent crime or for an
29 offense of operating or being in physical control of a
30 vehicle while under the influence of alcohol, any other drug
31 or any combination thereof, or a similar provision of a local
32 ordinance, when such offense resulted in the personal injury
33 to someone other than the defendant, the trial judge shall
34 specify on the record the particular evidence, information,
-21- LRB9009007RCks
1 factors in mitigation and aggravation or other reasons that
2 led to his sentencing determination. The full verbatim record
3 of the sentencing hearing shall be filed with the clerk of
4 the court and shall be a public record.
5 (c-1) In imposing a sentence for the offense of
6 aggravated kidnapping for ransom, home invasion, armed
7 robbery, aggravated vehicular hijacking, aggravated discharge
8 of a firearm, or armed violence with a category I weapon or
9 category II weapon, the trial judge shall make a finding as
10 to whether the conduct leading to conviction for the offense
11 resulted in great bodily harm to a victim, and shall enter
12 that finding and the basis for that finding in the record.
13 (c-2) If the defendant is sentenced to prison, other
14 than when a sentence of natural life imprisonment or a
15 sentence of death is imposed, at the time the sentence is
16 imposed the judge shall state on the record in open court the
17 approximate period of time the defendant will serve in
18 custody according to the then current statutory rules and
19 regulations for early release found in Section 3-6-3 and
20 other related provisions of this Code. This statement is
21 intended solely to inform the public, has no legal effect on
22 the defendant's actual release, and may not be relied on by
23 the defendant on appeal.
24 The judge's statement, to be given after pronouncing the
25 sentence, other than when the sentence is imposed for one of
26 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
27 shall include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, assuming the defendant receives all of his or her good
-22- LRB9009007RCks
1 conduct credit, the period of estimated actual custody is ...
2 years and ... months, less up to 180 days additional good
3 conduct credit for meritorious service. If the defendant,
4 because of his or her own misconduct or failure to comply
5 with the institutional regulations, does not receive those
6 credits, the actual time served in prison will be longer.
7 The defendant may also receive an additional one-half day
8 good conduct credit for each day of participation in
9 vocational, industry, substance abuse, and educational
10 programs as provided for by Illinois statute."
11 When the sentence is imposed for one of the offenses
12 enumerated in paragraph (a)(3) of Section 3-6-3, other than
13 when the sentence is imposed for one of the offenses
14 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
15 or after the effective date of this amendatory Act of 1998,
16 the judge's statement, to be given after pronouncing the
17 sentence, 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 90 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."
-23- LRB9009007RCks
1 When the sentence is imposed for one of the offenses
2 enumerated in paragraph (a)(2) of Section 3-6-3, other than
3 first degree murder, and the offense was committed on or
4 after the effective date of this amendatory Act of 1998, the
5 judge's statement, to be given after pronouncing the
6 sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, the defendant is entitled to no more than 4 1/2 days of
14 good conduct credit for each month of his or her sentence of
15 imprisonment. Therefore, this defendant will serve at least
16 85% of his or her sentence. Assuming the defendant receives
17 4 1/2 days credit for each month of his or her sentence, the
18 period of estimated actual custody is ... years and ...
19 months. If the defendant, because of his or her own
20 misconduct or failure to comply with the institutional
21 regulations receives lesser credit, the actual time served in
22 prison will be longer."
23 When a sentence of imprisonment is imposed for first
24 degree murder and the offense was committed on or after the
25 effective date of this amendatory Act of 1998, the judge's
26 statement, to be given after pronouncing the sentence, shall
27 include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, the defendant is not entitled to good conduct credit.
-24- LRB9009007RCks
1 Therefore, this defendant will serve 100% of his or her
2 sentence."
3 (d) When the defendant is committed to the Department of
4 Corrections, the State's Attorney shall and counsel for the
5 defendant may file a statement with the clerk of the court to
6 be transmitted to the department, agency or institution to
7 which the defendant is committed to furnish such department,
8 agency or institution with the facts and circumstances of the
9 offense for which the person was committed together with all
10 other factual information accessible to them in regard to the
11 person prior to his commitment relative to his habits,
12 associates, disposition and reputation and any other facts
13 and circumstances which may aid such department, agency or
14 institution during its custody of such person. The clerk
15 shall within 10 days after receiving any such statements
16 transmit a copy to such department, agency or institution and
17 a copy to the other party, provided, however, that this shall
18 not be cause for delay in conveying the person to the
19 department, agency or institution to which he has been
20 committed.
21 (e) The clerk of the court shall transmit to the
22 department, agency or institution, if any, to which the
23 defendant is committed, the following:
24 (1) the sentence imposed;
25 (2) any statement by the court of the basis for
26 imposing the sentence;
27 (3) any presentence reports;
28 (4) the number of days, if any, which the defendant
29 has been in custody and for which he is entitled to
30 credit against the sentence, which information shall be
31 provided to the clerk by the sheriff;
32 (4.1) any finding of great bodily harm made by the
33 court with respect to an offense enumerated in subsection
34 (c-1);
-25- LRB9009007RCks
1 (5) all statements filed under subsection (d) of
2 this Section;
3 (6) any medical or mental health records or
4 summaries of the defendant;
5 (7) the municipality where the arrest of the
6 offender or the commission of the offense has occurred,
7 where such municipality has a population of more than
8 25,000 persons;
9 (8) all statements made and evidence offered under
10 paragraph (7) of subsection (a) of this Section; and
11 (9) all additional matters which the court directs
12 the clerk to transmit.
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;
34 (3) consider the financial impact of incarceration
-26- LRB9009007RCks
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.
-27- LRB9009007RCks
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:
-28- LRB9009007RCks
1 "The purpose of this statement is to inform the public of
2 the actual period of time this defendant is likely to spend
3 in prison as a result of this sentence. The actual period of
4 prison time served is determined by the statutes of Illinois
5 as applied to this sentence by the Illinois Department of
6 Corrections and the Illinois Prisoner Review Board. In this
7 case, assuming the defendant receives all of his or her good
8 conduct credit, the period of estimated actual custody is ...
9 years and ... months, less up to 180 days additional good
10 conduct credit for meritorious service. If the defendant,
11 because of his or her own misconduct or failure to comply
12 with the institutional regulations, does not receive those
13 credits, the actual time served in prison will be longer.
14 The defendant may also receive an additional one-half day
15 good conduct credit for each day of participation in
16 vocational, industry, substance abuse, and educational
17 programs as provided for by Illinois statute."
18 When the sentence is imposed for one of the offenses
19 enumerated in paragraph (a)(3) of Section 3-6-3, other than
20 when the sentence is imposed for one of the offenses
21 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
22 or after the effective date of this amendatory Act of 1995,
23 the judge's statement, to be given after pronouncing the
24 sentence, shall 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, assuming the defendant receives all of his or her good
32 conduct credit, the period of estimated actual custody is ...
33 years and ... months, less up to 90 days additional good
34 conduct credit for meritorious service. If the defendant,
-29- LRB9009007RCks
1 because of his or her own misconduct or failure to comply
2 with the institutional regulations, does not receive those
3 credits, the actual time served in prison will be longer.
4 The defendant may also receive an additional one-half day
5 good conduct credit for each day of participation in
6 vocational, industry, substance abuse, and educational
7 programs as provided for by Illinois statute."
8 When the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3, other than
10 first degree murder, and the offense was committed on or
11 after the effective date of this amendatory Act of 1995, the
12 judge's statement, to be given after pronouncing the
13 sentence, shall include the following:
14 "The purpose of this statement is to inform the public of
15 the actual period of time this defendant is likely to spend
16 in prison as a result of this sentence. The actual period of
17 prison time served is determined by the statutes of Illinois
18 as applied to this sentence by the Illinois Department of
19 Corrections and the Illinois Prisoner Review Board. In this
20 case, the defendant is entitled to no more than 4 1/2 days of
21 good conduct credit for each month of his or her sentence of
22 imprisonment. Therefore, this defendant will serve at least
23 85% of his or her sentence. Assuming the defendant receives
24 4 1/2 days credit for each month of his or her sentence, the
25 period of estimated actual custody is ... years and ...
26 months. If the defendant, because of his or her own
27 misconduct or failure to comply with the institutional
28 regulations receives lesser credit, the actual time served in
29 prison will be longer."
30 When a sentence of imprisonment is imposed for first
31 degree murder and the offense was committed on or after the
32 effective date of this amendatory Act of 1995, the judge's
33 statement, to be given after pronouncing the sentence, shall
34 include the following:
-30- LRB9009007RCks
1 "The purpose of this statement is to inform the public of
2 the actual period of time this defendant is likely to spend
3 in prison as a result of this sentence. The actual period of
4 prison time served is determined by the statutes of Illinois
5 as applied to this sentence by the Illinois Department of
6 Corrections and the Illinois Prisoner Review Board. In this
7 case, the defendant is not entitled to good conduct credit.
8 Therefore, this defendant will serve 100% of his or her
9 sentence."
10 (d) When the defendant is committed to the Department of
11 Corrections, the State's Attorney shall and counsel for the
12 defendant may file a statement with the clerk of the court to
13 be transmitted to the department, agency or institution to
14 which the defendant is committed to furnish such department,
15 agency or institution with the facts and circumstances of the
16 offense for which the person was committed together with all
17 other factual information accessible to them in regard to the
18 person prior to his commitment relative to his habits,
19 associates, disposition and reputation and any other facts
20 and circumstances which may aid such department, agency or
21 institution during its custody of such person. The clerk
22 shall within 10 days after receiving any such statements
23 transmit a copy to such department, agency or institution and
24 a copy to the other party, provided, however, that this shall
25 not be cause for delay in conveying the person to the
26 department, agency or institution to which he has been
27 committed.
28 (e) The clerk of the court shall transmit to the
29 department, agency or institution, if any, to which the
30 defendant is committed, the following:
31 (1) the sentence imposed;
32 (2) any statement by the court of the basis for
33 imposing the sentence;
34 (3) any presentence reports;
-31- LRB9009007RCks
1 (4) the number of days, if any, which the defendant
2 has been in custody and for which he is entitled to
3 credit against the sentence, which information shall be
4 provided to the clerk by the sheriff;
5 (4.1) any finding of great bodily harm made by the
6 court with respect to an offense enumerated in subsection
7 (c-1);
8 (5) all statements filed under subsection (d) of
9 this Section;
10 (6) any medical or mental health records or
11 summaries of the defendant;
12 (7) the municipality where the arrest of the
13 offender or the commission of the offense has occurred,
14 where such municipality has a population of more than
15 25,000 persons;
16 (8) all statements made and evidence offered under
17 paragraph (7) of subsection (a) of this Section; and
18 (9) all additional matters which the court directs
19 the clerk to transmit.
20 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.