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[ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB3500eng 720 ILCS 5/33F-2 from Ch. 38, par. 33F-2 Amends the Criminal Code of 1961. Makes a stylistic change in Section defining the offense of unlawful use of body armor. LRB9009687RCks HB3500 Engrossed LRB9009687RCks 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 HB3500 Engrossed -2- LRB9009687RCks 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 HB3500 Engrossed -3- LRB9009687RCks 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 HB3500 Engrossed -4- LRB9009687RCks 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 HB3500 Engrossed -5- LRB9009687RCks 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 HB3500 Engrossed -6- LRB9009687RCks 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 HB3500 Engrossed -7- LRB9009687RCks 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 shall31prescribe rules and regulations for the early release on32account of good conduct of persons committed to the33Department which shall be subject to review by the34Prisoner Review Board.HB3500 Engrossed -8- LRB9009687RCks 1(2) The rules and regulations on early release2shall provide, with respect to offenses committed on or3after the effective date of this amendatory Act of 1995,4the following:5(i) that a prisoner who is serving a term of6imprisonment for first degree murder shall receive7no good conduct credit and shall serve the entire8sentence imposed by the court;9(ii) that a prisoner serving a sentence for10attempt to commit first degree murder, solicitation11of murder, solicitation of murder for hire,12intentional homicide of an unborn child, predatory13criminal sexual assault of a child, aggravated14criminal sexual assault, criminal sexual assault,15aggravated kidnapping, aggravated battery with a16firearm, heinous battery, aggravated battery of a17senior citizen, or aggravated battery of a child18shall receive no more than 4.5 days of good conduct19credit for each month of his or her sentence of20imprisonment; and21(iii) that a prisoner serving a sentence for22home invasion, armed robbery, aggravated vehicular23hijacking, aggravated discharge of a firearm, or24armed violence with a category I weapon or category25II weapon, when the court has made and entered a26finding, pursuant to subsection (c-1) of Section275-4-1 of this Code, that the conduct leading to28conviction for the enumerated offense resulted in29great bodily harm to a victim, shall receive no more30than 4.5 days of good conduct credit for each month31of his or her sentence of imprisonment.32(2.1) For all offenses, other than those enumerated33in subdivision (a)(2) committed on or after the effective34date of this amendatory Act of 1995, the rules andHB3500 Engrossed -9- LRB9009687RCks 1regulations shall provide that a prisoner who is serving2a term of imprisonment shall receive one day of good3conduct credit for each day of his or her sentence of4imprisonment or recommitment under Section 3-3-9. Each5day of good conduct credit shall reduce by one day the6prisoner's period of imprisonment or recommitment under7Section 3-3-9.8(2.2) A prisoner serving a term of natural life9imprisonment or a prisoner who has been sentenced to10death shall receive no good conduct credit.11(3) The rules and regulations shall also provide12that the Director may award up to 180 days additional13good conduct credit for meritorious service in specific14instances as the Director deems proper; except that no15more than 90 days of good conduct credit for meritorious16service shall be awarded to any prisoner who is serving a17sentence for conviction of first degree murder, reckless18homicide while under the influence of alcohol or any19other drug, aggravated kidnapping, kidnapping, predatory20criminal sexual assault of a child, aggravated criminal21sexual assault, criminal sexual assault, deviate sexual22assault, aggravated criminal sexual abuse, aggravated23indecent liberties with a child, indecent liberties with24a child, child pornography, heinous battery, aggravated25battery of a spouse, aggravated battery of a spouse with26a firearm, stalking, aggravated stalking, aggravated27battery of a child, endangering the life or health of a28child, cruelty to a child, or narcotic racketeering.29Notwithstanding the foregoing, good conduct credit for30meritorious service shall not be awarded on a sentence of31imprisonment imposed for conviction of one of the32offenses enumerated in subdivision (a)(2) when the33offense is committed on or after the effective date of34this amendatory Act of 1995.HB3500 Engrossed -10- LRB9009687RCks 1(4) The rules and regulations shall also provide2that the good conduct credit accumulated and retained3under paragraph (2.1) of subsection (a) of this Section4by any inmate during specific periods of time in which5such inmate is engaged full-time in substance abuse6programs, correctional industry assignments, or7educational programs provided by the Department under8this paragraph (4) and satisfactorily completes the9assigned program as determined by the standards of the10Department, shall be multiplied by a factor of 1.25 for11program participation before the effective date of this12amendatory Act of 1993 and 1.50 for program participation13on or after that date. However, no inmate shall be14eligible for the additional good conduct credit under15this paragraph (4) while assigned to a boot camp, mental16health unit, or electronic detention, or if convicted of17an offense enumerated in paragraph (a)(2) of this Section18that is committed on or after the effective date of this19amendatory Act of 1995, or first degree murder, a Class X20felony, criminal sexual assault, felony criminal sexual21abuse, aggravated criminal sexual abuse, aggravated22battery with a firearm, or any predecessor or successor23offenses with the same or substantially the same24elements, or any inchoate offenses relating to the25foregoing offenses. No inmate shall be eligible for the26additional good conduct credit under this paragraph (4)27who (i) has previously received increased good conduct28credit under this paragraph (4) and has subsequently been29convicted of a felony, or (ii) has previously served more30than one prior sentence of imprisonment for a felony in31an adult correctional facility.32Educational, vocational, substance abuse and33correctional industry programs under which good conduct34credit may be increased under this paragraph (4) shall beHB3500 Engrossed -11- LRB9009687RCks 1evaluated by the Department on the basis of documented2standards. The Department shall report the results of3these evaluations to the Governor and the General4Assembly by September 30th of each year. The reports5shall include data relating to the recidivism rate among6program participants.7Availability of these programs shall be subject to8the limits of fiscal resources appropriated by the9General Assembly for these purposes. Eligible inmates10who are denied immediate admission shall be placed on a11waiting list under criteria established by the12Department. The inability of any inmate to become engaged13in any such programs by reason of insufficient program14resources or for any other reason established under the15rules and regulations of the Department shall not be16deemed a cause of action under which the Department or17any employee or agent of the Department shall be liable18for damages to the inmate.19(5) Whenever the Department is to release any20inmate earlier than it otherwise would because of a grant21of good conduct credit for meritorious service given at22any time during the term, the Department shall give23reasonable advance notice of the impending release to the24State's Attorney of the county where the prosecution of25the inmate took place.26(b) Whenever a person is or has been committed under27several convictions, with separate sentences, the sentences28shall be construed under Section 5-8-4 in granting and29forfeiting of good time.30(c) The Department shall prescribe rules and regulations31for revoking good conduct credit, or suspending or reducing32the rate of accumulation of good conduct credit for specific33rule violations, during imprisonment. These rules and34regulations shall provide that no inmate may be penalizedHB3500 Engrossed -12- LRB9009687RCks 1more than one year of good conduct credit for any one2infraction.3When the Department seeks to revoke, suspend or reduce4the rate of accumulation of any good conduct credits for an5alleged infraction of its rules, it shall bring charges6therefor against the prisoner sought to be so deprived of7good conduct credits before the Prisoner Review Board as8provided in subparagraph (a)(4) of Section 3-3-2 of this9Code, if the amount of credit at issue exceeds 30 days or10when during any 12 month period, the cumulative amount of11credit revoked exceeds 30 days except where the infraction is12committed or discovered within 60 days of scheduled release.13In those cases, the Department of Corrections may revoke up14to 30 days of good conduct credit. The Board may subsequently15approve the revocation of additional good conduct credit, if16the Department seeks to revoke good conduct credit in excess17of 30 days. However, the Board shall not be empowered to18review the Department's decision with respect to the loss of1930 days of good conduct credit within any calendar year for20any prisoner or to increase any penalty beyond the length21requested by the Department.22The Director of the Department of Corrections, in23appropriate cases, may restore up to 30 days good conduct24credits which have been revoked, suspended or reduced. Any25restoration of good conduct credits in excess of 30 days26shall be subject to review by the Prisoner Review Board.27However, the Board may not restore good conduct credit in28excess of the amount requested by the Director.29Nothing contained in this Section shall prohibit the30Prisoner Review Board from ordering, pursuant to Section313-3-9(a)(3)(i)(B), that a prisoner serve up to one year of32the sentence imposed by the court that was not served due to33the accumulation of good conduct credit.34(d) If a lawsuit is filed by a prisoner in an IllinoisHB3500 Engrossed -13- LRB9009687RCks 1or federal court against the State, the Department of2Corrections, or the Prisoner Review Board, or against any of3their officers or employees, and the court makes a specific4finding that a pleading, motion, or other paper filed by the5prisoner is frivolous, the Department of Corrections shall6conduct a hearing to revoke up to 180 days of good conduct7credit by bringing charges against the prisoner sought to be8deprived of the good conduct credits before the Prisoner9Review Board as provided in subparagraph (a)(8) of Section103-3-2 of this Code. If the prisoner has not accumulated 18011days of good conduct credit at the time of the finding, then12the Prisoner Review Board may revoke all good conduct credit13accumulated by the prisoner.14For purposes of this subsection (d):15(1) "Frivolous" means that a pleading, motion, or16other filing which purports to be a legal document filed17by a prisoner in his or her lawsuit meets any or all of18the following criteria:19(A) it lacks an arguable basis either in law20or in fact;21(B) it is being presented for any improper22purpose, such as to harass or to cause unnecessary23delay or needless increase in the cost of24litigation;25(C) the claims, defenses, and other legal26contentions therein are not warranted by existing27law or by a nonfrivolous argument for the extension,28modification, or reversal of existing law or the29establishment of new law;30(D) the allegations and other factual31contentions do not have evidentiary support or, if32specifically so identified, are not likely to have33evidentiary support after a reasonable opportunity34for further investigation or discovery; orHB3500 Engrossed -14- LRB9009687RCks 1(E) the denials of factual contentions are not2warranted on the evidence, or if specifically so3identified, are not reasonably based on a lack of4information or belief.5(2) "Lawsuit" means a petition for post conviction6relief under Article 122 of the Code of Criminal7Procedure of 1963, a motion pursuant to Section 116-3 of8the Code of Criminal Procedure of 1963, a habeas corpus9action under Article X of the Code of Civil Procedure or10under federal law (28 U.S.C. 2254), a petition for claim11under the Court of Claims Act or an action under the12federal 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 HB3500 Engrossed -15- LRB9009687RCks 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 HB3500 Engrossed -16- LRB9009687RCks 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 finds28that violent crime continues to be a severe problem in29Illinois. Criminals sentenced to prison for violating the30laws of Illinois are often released after serving a fraction31of their sentence under Illinois' early release statute. The32early release of criminals from prison after they are33sentenced to longer terms in court misleads the public as34well as victims of crime. Many of these criminals return toHB3500 Engrossed -17- LRB9009687RCks 1a life of crime immediately upon their early release from2prison, committing violent acts including murder and rape.3Public safety, as well as the integrity of the justice4system, demands that criminals serve the sentences handed5down by the courts, and that a Truth-in-Sentencing Commission6be established to effectuate this goal.7(b) Truth-in-Sentencing Commission. There is created8the Illinois Truth-in-Sentencing Commission, to consist of 139members as follows:10(1) Three members appointed by the Governor, one of11whom shall be a member of the faculty of an accredited12Illinois law school;13(2) The Attorney General or his or her designee;14(3) One member appointed by the President of the15Senate;16(4) One member appointed by the Minority Leader of17the Senate;18(5) One member appointed by the Speaker of the19House of Representatives;20(6) One member appointed by the Minority Leader of21the House of Representatives;22(7) The Director of the Illinois Department of23Corrections or his or her designee;24(8) The State's Attorney of Cook County or his or25her designee;26(9) The Executive Director of the Illinois Criminal27Justice Information Authority or his or her designee;28(10) The President of the Illinois State's29Attorneys Association; and30(11) The President of the Illinois Association of31Chiefs of Police.32All appointments shall be filed with the Secretary of33State by the appointing authority.34(c) Duties of the Commission. This Commission shall:HB3500 Engrossed -18- LRB9009687RCks 1(1) develop and monitor legislation facilitating2the implementation of Truth-in-Sentencing laws which3require criminals to serve at least 85% of their4court-imposed sentences, using any information and5recommendations available regarding those laws;6(2) review the funding provisions of the Violent7Crime Control Act of 1994, and any subsequent federal8legislation of a comparable nature, to comment in9appropriate federal rulemaking and legislative processes10on State law enforcement, correctional, and fiscal11concerns, and, upon the finalization of federal12requirements, to determine what is required to obtain13maximum federal funding to assist the State in14implementing Truth-in-Sentencing laws; and15(3) study the possibility of changing sentences in16order to more accurately reflect the actual time spent in17prison, while preserving the system's ability to punish18criminals justly and equitably.19(d) Organization. The Commission shall elect a Chair20and Vice-Chair from among its members at its first meeting.21The members of the Commission shall serve without22compensation but shall be reimbursed for reasonable expenses23incurred in the course of performing their duties.24(e) Intergovernmental cooperation. The Illinois25Criminal Justice Information Authority shall assist the26Commission with any and all research and drafting necessary27to fulfill its duties. The Illinois Department of28Corrections shall give any reasonable assistance to the29Commission, including making available all pertinent30statistical information at the Department's disposal.31(f) The Commission shall present a full report and a32draft of appropriate Truth-in-Sentencing legislation to the33Governor and the General Assembly no later than March 1,341997.HB3500 Engrossed -19- LRB9009687RCks 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; HB3500 Engrossed -20- LRB9009687RCks 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, HB3500 Engrossed -21- LRB9009687RCks 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 HB3500 Engrossed -22- LRB9009687RCks 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." HB3500 Engrossed -23- LRB9009687RCks 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. HB3500 Engrossed -24- LRB9009687RCks 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); HB3500 Engrossed -25- LRB9009687RCks 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 under14hearing procedures otherwise specified, after a determination15of guilt, a hearing shall be held to impose the sentence.16However, prior to the imposition of sentence on an individual17being sentenced for an offense based upon a charge for a18violation of Section 11-501 of the Illinois Vehicle Code or a19similar provision of a local ordinance, the individual must20undergo a professional evaluation to determine if an alcohol21or other drug abuse problem exists and the extent of such a22problem. Programs conducting these evaluations shall be23licensed by the Department of Human Services. However, if24the individual is not a resident of Illinois, the court may,25in its discretion, accept an evaluation from a program in the26state of such individual's residence. The court may in its27sentencing order approve an eligible defendant for placement28in a Department of Corrections impact incarceration program29as provided in Section 5-8-1.1. At the hearing the court30shall:31(1) consider the evidence, if any, received upon32the trial;33(2) consider any presentence reports;34(3) consider the financial impact of incarcerationHB3500 Engrossed -26- LRB9009687RCks 1based on the financial impact statement filed with the2clerk of the court by the Department of Corrections;3(4) consider evidence and information offered by4the parties in aggravation and mitigation;5(5) hear arguments as to sentencing alternatives;6(6) afford the defendant the opportunity to make a7statement in his own behalf;8(7) afford the victim of a violent crime or a9violation of Section 11-501 of the Illinois Vehicle Code,10or a similar provision of a local ordinance, committed by11the defendant the opportunity to make a statement12concerning the impact on the victim and to offer evidence13in aggravation or mitigation; provided that the statement14and evidence offered in aggravation or mitigation must15first be prepared in writing in conjunction with the16State's Attorney before it may be presented orally at the17hearing. Any sworn testimony offered by the victim is18subject to the defendant's right to cross-examine. All19statements and evidence offered under this paragraph (7)20shall become part of the record of the court; and21(8) in cases of reckless homicide afford the22victim's spouse, guardians, parents or other immediate23family members an opportunity to make oral statements.24(b) All sentences shall be imposed by the judge based25upon his independent assessment of the elements specified26above and any agreement as to sentence reached by the27parties. The judge who presided at the trial or the judge28who accepted the plea of guilty shall impose the sentence29unless he is no longer sitting as a judge in that court.30Where the judge does not impose sentence at the same time on31all defendants who are convicted as a result of being32involved in the same offense, the defendant or the State's33attorney may advise the sentencing court of the disposition34of any other defendants who have been sentenced.HB3500 Engrossed -27- LRB9009687RCks 1(c) In imposing a sentence for a violent crime or for an2offense of operating or being in physical control of a3vehicle while under the influence of alcohol, any other drug4or any combination thereof, or a similar provision of a local5ordinance, when such offense resulted in the personal injury6to someone other than the defendant, the trial judge shall7specify on the record the particular evidence, information,8factors in mitigation and aggravation or other reasons that9led to his sentencing determination. The full verbatim record10of the sentencing hearing shall be filed with the clerk of11the court and shall be a public record.12(c-1) In imposing a sentence for the offense of13aggravated kidnapping for ransom, home invasion, armed14robbery, aggravated vehicular hijacking, aggravated discharge15of a firearm, or armed violence with a category I weapon or16category II weapon, the trial judge shall make a finding as17to whether the conduct leading to conviction for the offense18resulted in great bodily harm to a victim, and shall enter19that finding and the basis for that finding in the record.20(c-2) If the defendant is sentenced to prison, other21than when a sentence of natural life imprisonment or a22sentence of death is imposed, at the time the sentence is23imposed the judge shall state on the record in open court the24approximate period of time the defendant will serve in25custody according to the then current statutory rules and26regulations for early release found in Section 3-6-3 and27other related provisions of this Code. This statement is28intended solely to inform the public, has no legal effect on29the defendant's actual release, and may not be relied on by30the defendant on appeal.31The judge's statement, to be given after pronouncing the32sentence, other than when the sentence is imposed for one of33the offenses enumerated in paragraph (a)(3) of Section 3-6-3,34shall include the following:HB3500 Engrossed -28- LRB9009687RCks 1"The purpose of this statement is to inform the public of2the actual period of time this defendant is likely to spend3in prison as a result of this sentence. The actual period of4prison time served is determined by the statutes of Illinois5as applied to this sentence by the Illinois Department of6Corrections and the Illinois Prisoner Review Board. In this7case, assuming the defendant receives all of his or her good8conduct credit, the period of estimated actual custody is ...9years and ... months, less up to 180 days additional good10conduct credit for meritorious service. If the defendant,11because of his or her own misconduct or failure to comply12with the institutional regulations, does not receive those13credits, the actual time served in prison will be longer.14The defendant may also receive an additional one-half day15good conduct credit for each day of participation in16vocational, industry, substance abuse, and educational17programs as provided for by Illinois statute."18When the sentence is imposed for one of the offenses19enumerated in paragraph (a)(3) of Section 3-6-3, other than20when the sentence is imposed for one of the offenses21enumerated in paragraph (a)(2) of Section 3-6-3 committed on22or after the effective date of this amendatory Act of 1995,23the judge's statement, to be given after pronouncing the24sentence, shall include the following:25"The purpose of this statement is to inform the public of26the actual period of time this defendant is likely to spend27in prison as a result of this sentence. The actual period of28prison time served is determined by the statutes of Illinois29as applied to this sentence by the Illinois Department of30Corrections and the Illinois Prisoner Review Board. In this31case, assuming the defendant receives all of his or her good32conduct credit, the period of estimated actual custody is ...33years and ... months, less up to 90 days additional good34conduct credit for meritorious service. If the defendant,HB3500 Engrossed -29- LRB9009687RCks 1because of his or her own misconduct or failure to comply2with the institutional regulations, does not receive those3credits, the actual time served in prison will be longer.4The defendant may also receive an additional one-half day5good conduct credit for each day of participation in6vocational, industry, substance abuse, and educational7programs as provided for by Illinois statute."8When the sentence is imposed for one of the offenses9enumerated in paragraph (a)(2) of Section 3-6-3, other than10first degree murder, and the offense was committed on or11after the effective date of this amendatory Act of 1995, the12judge's statement, to be given after pronouncing the13sentence, shall include the following:14"The purpose of this statement is to inform the public of15the actual period of time this defendant is likely to spend16in prison as a result of this sentence. The actual period of17prison time served is determined by the statutes of Illinois18as applied to this sentence by the Illinois Department of19Corrections and the Illinois Prisoner Review Board. In this20case, the defendant is entitled to no more than 4 1/2 days of21good conduct credit for each month of his or her sentence of22imprisonment. Therefore, this defendant will serve at least2385% of his or her sentence. Assuming the defendant receives244 1/2 days credit for each month of his or her sentence, the25period of estimated actual custody is ... years and ...26months. If the defendant, because of his or her own27misconduct or failure to comply with the institutional28regulations receives lesser credit, the actual time served in29prison will be longer."30When a sentence of imprisonment is imposed for first31degree murder and the offense was committed on or after the32effective date of this amendatory Act of 1995, the judge's33statement, to be given after pronouncing the sentence, shall34include the following:HB3500 Engrossed -30- LRB9009687RCks 1"The purpose of this statement is to inform the public of2the actual period of time this defendant is likely to spend3in prison as a result of this sentence. The actual period of4prison time served is determined by the statutes of Illinois5as applied to this sentence by the Illinois Department of6Corrections and the Illinois Prisoner Review Board. In this7case, the defendant is not entitled to good conduct credit.8Therefore, this defendant will serve 100% of his or her9sentence."10(d) When the defendant is committed to the Department of11Corrections, the State's Attorney shall and counsel for the12defendant may file a statement with the clerk of the court to13be transmitted to the department, agency or institution to14which the defendant is committed to furnish such department,15agency or institution with the facts and circumstances of the16offense for which the person was committed together with all17other factual information accessible to them in regard to the18person prior to his commitment relative to his habits,19associates, disposition and reputation and any other facts20and circumstances which may aid such department, agency or21institution during its custody of such person. The clerk22shall within 10 days after receiving any such statements23transmit a copy to such department, agency or institution and24a copy to the other party, provided, however, that this shall25not be cause for delay in conveying the person to the26department, agency or institution to which he has been27committed.28(e) The clerk of the court shall transmit to the29department, agency or institution, if any, to which the30defendant is committed, the following:31(1) the sentence imposed;32(2) any statement by the court of the basis for33imposing the sentence;34(3) any presentence reports;HB3500 Engrossed -31- LRB9009687RCks 1(4) the number of days, if any, which the defendant2has been in custody and for which he is entitled to3credit against the sentence, which information shall be4provided to the clerk by the sheriff;5(4.1) any finding of great bodily harm made by the6court with respect to an offense enumerated in subsection7(c-1);8(5) all statements filed under subsection (d) of9this Section;10(6) any medical or mental health records or11summaries of the defendant;12(7) the municipality where the arrest of the13offender or the commission of the offense has occurred,14where such municipality has a population of more than1525,000 persons;16(8) all statements made and evidence offered under17paragraph (7) of subsection (a) of this Section; and18(9) all additional matters which the court directs19the 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.