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90_HB3500ham001
LRB9009687RCmbam01
1 AMENDMENT TO HOUSE BILL 3500
2 AMENDMENT NO. . Amend House Bill 3500 by replacing
3 the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Sections 3-6-3, 3-6-3.1, and 5-4-1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Sections 3-6-3, 3-6-3.1, and 5-4-1 as follows:
10 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
11 Sec. 3-6-3. Rules and Regulations for Early Release.
12 (a)(1) The Department of Corrections shall
13 prescribe rules and regulations for the early release on
14 account of good conduct of persons committed to the
15 Department which shall be subject to review by the
16 Prisoner Review Board.
17 (2) The rules and regulations on early release
18 shall provide, with respect to offenses committed on or
19 after the effective date of this amendatory Act of 1998,
20 the following:
21 (i) that a prisoner who is serving a term of
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1 imprisonment for first degree murder shall receive
2 no good conduct credit and shall serve the entire
3 sentence imposed by the court;
4 (ii) that a prisoner serving a sentence for
5 attempt to commit first degree murder, solicitation
6 of murder, solicitation of murder for hire,
7 intentional homicide of an unborn child, predatory
8 criminal sexual assault of a child, aggravated
9 criminal sexual assault, criminal sexual assault,
10 aggravated kidnapping, aggravated battery with a
11 firearm, heinous battery, aggravated battery of a
12 senior citizen, or aggravated battery of a child
13 shall receive no more than 4.5 days of good conduct
14 credit for each month of his or her sentence of
15 imprisonment; and
16 (iii) that a prisoner serving a sentence for
17 home invasion, armed robbery, aggravated vehicular
18 hijacking, aggravated discharge of a firearm, or
19 armed violence with a category I weapon or category
20 II weapon, when the court has made and entered a
21 finding, pursuant to subsection (c-1) of Section
22 5-4-1 of this Code, that the conduct leading to
23 conviction for the enumerated offense resulted in
24 great bodily harm to a victim, shall receive no more
25 than 4.5 days of good conduct credit for each month
26 of his or her sentence of imprisonment.
27 (2.1) For all offenses, other than those enumerated
28 in subdivision (a)(2) committed on or after the effective
29 date of this amendatory Act of 1998, the rules and
30 regulations shall provide that a prisoner who is serving
31 a term of imprisonment shall receive one day of good
32 conduct credit for each day of his or her sentence of
33 imprisonment or recommitment under Section 3-3-9. Each
34 day of good conduct credit shall reduce by one day the
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1 prisoner's period of imprisonment or recommitment under
2 Section 3-3-9.
3 (2.2) A prisoner serving a term of natural life
4 imprisonment or a prisoner who has been sentenced to
5 death shall receive no good conduct credit.
6 (3) The rules and regulations shall also provide
7 that the Director may award up to 180 days additional
8 good conduct credit for meritorious service in specific
9 instances as the Director deems proper; except that no
10 more than 90 days of good conduct credit for meritorious
11 service shall be awarded to any prisoner who is serving a
12 sentence for conviction of first degree murder, reckless
13 homicide while under the influence of alcohol or any
14 other drug, aggravated kidnapping, kidnapping, predatory
15 criminal sexual assault of a child, aggravated criminal
16 sexual assault, criminal sexual assault, deviate sexual
17 assault, aggravated criminal sexual abuse, aggravated
18 indecent liberties with a child, indecent liberties with
19 a child, child pornography, heinous battery, aggravated
20 battery of a spouse, aggravated battery of a spouse with
21 a firearm, stalking, aggravated stalking, aggravated
22 battery of a child, endangering the life or health of a
23 child, cruelty to a child, or narcotic racketeering.
24 Notwithstanding the foregoing, good conduct credit for
25 meritorious service shall not be awarded on a sentence of
26 imprisonment imposed for conviction of one of the
27 offenses enumerated in subdivision (a)(2) when the
28 offense is committed on or after the effective date of
29 this amendatory Act of 1998.
30 (4) The rules and regulations shall also provide
31 that the good conduct credit accumulated and retained
32 under paragraph (2.1) of subsection (a) of this Section
33 by any inmate during specific periods of time in which
34 such inmate is engaged full-time in substance abuse
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1 programs, correctional industry assignments, or
2 educational programs provided by the Department under
3 this paragraph (4) and satisfactorily completes the
4 assigned program as determined by the standards of the
5 Department, shall be multiplied by a factor of 1.25 for
6 program participation before August 11, 1993 and 1.50 for
7 program participation on or after that date. However, no
8 inmate shall be eligible for the additional good conduct
9 credit under this paragraph (4) while assigned to a boot
10 camp, mental health unit, or electronic detention, or if
11 convicted of an offense enumerated in paragraph (a)(2) of
12 this Section that is committed on or after the effective
13 date of this amendatory Act of 1998, or first degree
14 murder, a Class X felony, criminal sexual assault, felony
15 criminal sexual abuse, aggravated criminal sexual abuse,
16 aggravated battery with a firearm, or any predecessor or
17 successor offenses with the same or substantially the
18 same elements, or any inchoate offenses relating to the
19 foregoing offenses. No inmate shall be eligible for the
20 additional good conduct credit under this paragraph (4)
21 who (i) has previously received increased good conduct
22 credit under this paragraph (4) and has subsequently been
23 convicted of a felony, or (ii) has previously served more
24 than one prior sentence of imprisonment for a felony in
25 an adult correctional facility.
26 Educational, vocational, substance abuse and
27 correctional industry programs under which good conduct
28 credit may be increased under this paragraph (4) shall be
29 evaluated by the Department on the basis of documented
30 standards. The Department shall report the results of
31 these evaluations to the Governor and the General
32 Assembly by September 30th of each year. The reports
33 shall include data relating to the recidivism rate among
34 program participants.
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1 Availability of these programs shall be subject to
2 the limits of fiscal resources appropriated by the
3 General Assembly for these purposes. Eligible inmates
4 who are denied immediate admission shall be placed on a
5 waiting list under criteria established by the
6 Department. The inability of any inmate to become engaged
7 in any such programs by reason of insufficient program
8 resources or for any other reason established under the
9 rules and regulations of the Department shall not be
10 deemed a cause of action under which the Department or
11 any employee or agent of the Department shall be liable
12 for damages to the inmate.
13 (5) Whenever the Department is to release any
14 inmate earlier than it otherwise would because of a grant
15 of good conduct credit for meritorious service given at
16 any time during the term, the Department shall give
17 reasonable advance notice of the impending release to the
18 State's Attorney of the county where the prosecution of
19 the inmate took place.
20 (b) Whenever a person is or has been committed under
21 several convictions, with separate sentences, the sentences
22 shall be construed under Section 5-8-4 in granting and
23 forfeiting of good time.
24 (c) The Department shall prescribe rules and regulations
25 for revoking good conduct credit, or suspending or reducing
26 the rate of accumulation of good conduct credit for specific
27 rule violations, during imprisonment. These rules and
28 regulations shall provide that no inmate may be penalized
29 more than one year of good conduct credit for any one
30 infraction.
31 When the Department seeks to revoke, suspend or reduce
32 the rate of accumulation of any good conduct credits for an
33 alleged infraction of its rules, it shall bring charges
34 therefor against the prisoner sought to be so deprived of
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1 good conduct credits before the Prisoner Review Board as
2 provided in subparagraph (a)(4) of Section 3-3-2 of this
3 Code, if the amount of credit at issue exceeds 30 days or
4 when during any 12 month period, the cumulative amount of
5 credit revoked exceeds 30 days except where the infraction is
6 committed or discovered within 60 days of scheduled release.
7 In those cases, the Department of Corrections may revoke up
8 to 30 days of good conduct credit. The Board may subsequently
9 approve the revocation of additional good conduct credit, if
10 the Department seeks to revoke good conduct credit in excess
11 of 30 days. However, the Board shall not be empowered to
12 review the Department's decision with respect to the loss of
13 30 days of good conduct credit within any calendar year for
14 any prisoner or to increase any penalty beyond the length
15 requested by the Department.
16 The Director of the Department of Corrections, in
17 appropriate cases, may restore up to 30 days good conduct
18 credits which have been revoked, suspended or reduced. Any
19 restoration of good conduct credits in excess of 30 days
20 shall be subject to review by the Prisoner Review Board.
21 However, the Board may not restore good conduct credit in
22 excess of the amount requested by the Director.
23 Nothing contained in this Section shall prohibit the
24 Prisoner Review Board from ordering, pursuant to Section
25 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
26 the sentence imposed by the court that was not served due to
27 the accumulation of good conduct credit.
28 (d) If a lawsuit is filed by a prisoner in an Illinois
29 or federal court against the State, the Department of
30 Corrections, or the Prisoner Review Board, or against any of
31 their officers or employees, and the court makes a specific
32 finding that a pleading, motion, or other paper filed by the
33 prisoner is frivolous, the Department of Corrections shall
34 conduct a hearing to revoke up to 180 days of good conduct
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1 credit by bringing charges against the prisoner sought to be
2 deprived of the good conduct credits before the Prisoner
3 Review Board as provided in subparagraph (a)(8) of Section
4 3-3-2 of this Code. If the prisoner has not accumulated 180
5 days of good conduct credit at the time of the finding, then
6 the Prisoner Review Board may revoke all good conduct credit
7 accumulated by the prisoner.
8 For purposes of this subsection (d):
9 (1) "Frivolous" means that a pleading, motion, or
10 other filing which purports to be a legal document filed
11 by a prisoner in his or her lawsuit meets any or all of
12 the following criteria:
13 (A) it lacks an arguable basis either in law
14 or in fact;
15 (B) it is being presented for any improper
16 purpose, such as to harass or to cause unnecessary
17 delay or needless increase in the cost of
18 litigation;
19 (C) the claims, defenses, and other legal
20 contentions therein are not warranted by existing
21 law or by a nonfrivolous argument for the extension,
22 modification, or reversal of existing law or the
23 establishment of new law;
24 (D) the allegations and other factual
25 contentions do not have evidentiary support or, if
26 specifically so identified, are not likely to have
27 evidentiary support after a reasonable opportunity
28 for further investigation or discovery; or
29 (E) the denials of factual contentions are not
30 warranted on the evidence, or if specifically so
31 identified, are not reasonably based on a lack of
32 information or belief.
33 (2) "Lawsuit" means a petition for post conviction
34 relief under Article 122 of the Code of Criminal
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1 Procedure of 1963, a motion pursuant to Section 116-3 of
2 the Code of Criminal Procedure of 1963, a habeas corpus
3 action under Article X of the Code of Civil Procedure or
4 under federal law (28 U.S.C. 2254), a petition for claim
5 under the Court of Claims Act or an action under the
6 federal Civil Rights Act (42 U.S.C. 1983).
7 (e) Nothing in this amendatory Act of 1998 affects the
8 validity of Public Act 89-404.
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 1995,
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
32 credit for each month of his or her sentence of
33 imprisonment; and
34 (iii) that a prisoner serving a sentence for
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1 home invasion, armed robbery, aggravated vehicular
2 hijacking, aggravated discharge of a firearm, or
3 armed violence with a category I weapon or category
4 II weapon, when the court has made and entered a
5 finding, pursuant to subsection (c-1) of Section
6 5-4-1 of this Code, that the conduct leading to
7 conviction for the enumerated offense resulted in
8 great bodily harm to a victim, shall receive no more
9 than 4.5 days of good conduct credit for each month
10 of his or her sentence of imprisonment.
11 (2.1) For all offenses, other than those enumerated
12 in subdivision (a)(2) committed on or after the effective
13 date of this amendatory Act of 1995, the rules and
14 regulations shall provide that a prisoner who is serving
15 a term of imprisonment shall receive one day of good
16 conduct credit for each day of his or her sentence of
17 imprisonment or recommitment under Section 3-3-9. Each
18 day of good conduct credit shall reduce by one day the
19 prisoner's period of imprisonment or recommitment under
20 Section 3-3-9.
21 (2.2) A prisoner serving a term of natural life
22 imprisonment or a prisoner who has been sentenced to
23 death shall receive no good conduct credit.
24 (3) The rules and regulations shall also provide
25 that the Director may award up to 180 days additional
26 good conduct credit for meritorious service in specific
27 instances as the Director deems proper; except that no
28 more than 90 days of good conduct credit for meritorious
29 service shall be awarded to any prisoner who is serving a
30 sentence for conviction of first degree murder, reckless
31 homicide while under the influence of alcohol or any
32 other drug, aggravated kidnapping, kidnapping, predatory
33 criminal sexual assault of a child, aggravated criminal
34 sexual assault, criminal sexual assault, deviate sexual
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1 assault, aggravated criminal sexual abuse, aggravated
2 indecent liberties with a child, indecent liberties with
3 a child, child pornography, heinous battery, aggravated
4 battery of a spouse, aggravated battery of a spouse with
5 a firearm, stalking, aggravated stalking, aggravated
6 battery of a child, endangering the life or health of a
7 child, cruelty to a child, or narcotic racketeering.
8 Notwithstanding the foregoing, good conduct credit for
9 meritorious service shall not be awarded on a sentence of
10 imprisonment imposed for conviction of one of the
11 offenses enumerated in subdivision (a)(2) when the
12 offense is committed on or after the effective date of
13 this amendatory Act of 1995.
14 (4) The rules and regulations shall also provide
15 that the good conduct credit accumulated and retained
16 under paragraph (2.1) of subsection (a) of this Section
17 by any inmate during specific periods of time in which
18 such inmate is engaged full-time in substance abuse
19 programs, correctional industry assignments, or
20 educational programs provided by the Department under
21 this paragraph (4) and satisfactorily completes the
22 assigned program as determined by the standards of the
23 Department, shall be multiplied by a factor of 1.25 for
24 program participation before the effective date of this
25 amendatory Act of 1993 and 1.50 for program participation
26 on or after that date. However, no inmate shall be
27 eligible for the additional good conduct credit under
28 this paragraph (4) while assigned to a boot camp, mental
29 health unit, or electronic detention, or if convicted of
30 an offense enumerated in paragraph (a)(2) of this Section
31 that is committed on or after the effective date of this
32 amendatory Act of 1995, or first degree murder, a Class X
33 felony, criminal sexual assault, felony criminal sexual
34 abuse, aggravated criminal sexual abuse, aggravated
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1 battery with a firearm, or any predecessor or successor
2 offenses with the same or substantially the same
3 elements, or any inchoate offenses relating to the
4 foregoing offenses. No inmate shall be eligible for the
5 additional good conduct credit under this paragraph (4)
6 who (i) has previously received increased good conduct
7 credit under this paragraph (4) and has subsequently been
8 convicted of a felony, or (ii) has previously served more
9 than one prior sentence of imprisonment for a felony in
10 an adult correctional facility.
11 Educational, vocational, substance abuse and
12 correctional industry programs under which good conduct
13 credit may be increased under this paragraph (4) shall be
14 evaluated by the Department on the basis of documented
15 standards. The Department shall report the results of
16 these evaluations to the Governor and the General
17 Assembly by September 30th of each year. The reports
18 shall include data relating to the recidivism rate among
19 program participants.
20 Availability of these programs shall be subject to
21 the limits of fiscal resources appropriated by the
22 General Assembly for these purposes. Eligible inmates
23 who are denied immediate admission shall be placed on a
24 waiting list under criteria established by the
25 Department. The inability of any inmate to become engaged
26 in any such programs by reason of insufficient program
27 resources or for any other reason established under the
28 rules and regulations of the Department shall not be
29 deemed a cause of action under which the Department or
30 any employee or agent of the Department shall be liable
31 for damages to the inmate.
32 (5) Whenever the Department is to release any
33 inmate earlier than it otherwise would because of a grant
34 of good conduct credit for meritorious service given at
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1 any time during the term, the Department shall give
2 reasonable advance notice of the impending release to the
3 State's Attorney of the county where the prosecution of
4 the inmate took place.
5 (b) Whenever a person is or has been committed under
6 several convictions, with separate sentences, the sentences
7 shall be construed under Section 5-8-4 in granting and
8 forfeiting of good time.
9 (c) The Department shall prescribe rules and regulations
10 for revoking good conduct credit, or suspending or reducing
11 the rate of accumulation of good conduct credit for specific
12 rule violations, during imprisonment. These rules and
13 regulations shall provide that no inmate may be penalized
14 more than one year of good conduct credit for any one
15 infraction.
16 When the Department seeks to revoke, suspend or reduce
17 the rate of accumulation of any good conduct credits for an
18 alleged infraction of its rules, it shall bring charges
19 therefor against the prisoner sought to be so deprived of
20 good conduct credits before the Prisoner Review Board as
21 provided in subparagraph (a)(4) of Section 3-3-2 of this
22 Code, if the amount of credit at issue exceeds 30 days or
23 when during any 12 month period, the cumulative amount of
24 credit revoked exceeds 30 days except where the infraction is
25 committed or discovered within 60 days of scheduled release.
26 In those cases, the Department of Corrections may revoke up
27 to 30 days of good conduct credit. The Board may subsequently
28 approve the revocation of additional good conduct credit, if
29 the Department seeks to revoke good conduct credit in excess
30 of 30 days. However, the Board shall not be empowered to
31 review the Department's decision with respect to the loss of
32 30 days of good conduct credit within any calendar year for
33 any prisoner or to increase any penalty beyond the length
34 requested by the Department.
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1 The Director of the Department of Corrections, in
2 appropriate cases, may restore up to 30 days good conduct
3 credits which have been revoked, suspended or reduced. Any
4 restoration of good conduct credits in excess of 30 days
5 shall be subject to review by the Prisoner Review Board.
6 However, the Board may not restore good conduct credit in
7 excess of the amount requested by the Director.
8 Nothing contained in this Section shall prohibit the
9 Prisoner Review Board from ordering, pursuant to Section
10 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
11 the sentence imposed by the court that was not served due to
12 the accumulation of good conduct credit.
13 (d) If a lawsuit is filed by a prisoner in an Illinois
14 or federal court against the State, the Department of
15 Corrections, or the Prisoner Review Board, or against any of
16 their officers or employees, and the court makes a specific
17 finding that a pleading, motion, or other paper filed by the
18 prisoner is frivolous, the Department of Corrections shall
19 conduct a hearing to revoke up to 180 days of good conduct
20 credit by bringing charges against the prisoner sought to be
21 deprived of the good conduct credits before the Prisoner
22 Review Board as provided in subparagraph (a)(8) of Section
23 3-3-2 of this Code. If the prisoner has not accumulated 180
24 days of good conduct credit at the time of the finding, then
25 the Prisoner Review Board may revoke all good conduct credit
26 accumulated by the prisoner.
27 For purposes of this subsection (d):
28 (1) "Frivolous" means that a pleading, motion, or
29 other filing which purports to be a legal document filed
30 by a prisoner in his or her lawsuit meets any or all of
31 the following criteria:
32 (A) it lacks an arguable basis either in law
33 or in fact;
34 (B) it is being presented for any improper
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1 purpose, such as to harass or to cause unnecessary
2 delay or needless increase in the cost of
3 litigation;
4 (C) the claims, defenses, and other legal
5 contentions therein are not warranted by existing
6 law or by a nonfrivolous argument for the extension,
7 modification, or reversal of existing law or the
8 establishment of new law;
9 (D) the allegations and other factual
10 contentions do not have evidentiary support or, if
11 specifically so identified, are not likely to have
12 evidentiary support after a reasonable opportunity
13 for further investigation or discovery; or
14 (E) the denials of factual contentions are not
15 warranted on the evidence, or if specifically so
16 identified, are not reasonably based on a lack of
17 information or belief.
18 (2) "Lawsuit" means a petition for post conviction
19 relief under Article 122 of the Code of Criminal
20 Procedure of 1963, a motion pursuant to Section 116-3 of
21 the Code of Criminal Procedure of 1963, a habeas corpus
22 action under Article X of the Code of Civil Procedure or
23 under federal law (28 U.S.C. 2254), a petition for claim
24 under the Court of Claims Act or an action under the
25 federal Civil Rights Act (42 U.S.C. 1983).
26 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
27 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
28 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
29 (730 ILCS 5/3-6-3.1)
30 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
31 (a) Legislative findings. The General Assembly finds
32 that violent crime continues to be a severe problem in
33 Illinois. Criminals sentenced to prison for violating the
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1 laws of Illinois are often released after serving a fraction
2 of their sentence under Illinois' early release statute. The
3 early release of criminals from prison after they are
4 sentenced to longer terms in court misleads the public as
5 well as victims of crime. Many of these criminals return to
6 a life of crime immediately upon their early release from
7 prison, committing violent acts including murder and rape.
8 Public safety, as well as the integrity of the justice
9 system, demands that criminals serve the sentences handed
10 down by the courts, and that a Truth-in-Sentencing Commission
11 be established to effectuate this goal.
12 (b) Truth-in-Sentencing Commission. There is created
13 the Illinois Truth-in-Sentencing Commission, to consist of 13
14 members as follows:
15 (1) Three members appointed by the Governor, one of
16 whom shall be a member of the faculty of an accredited
17 Illinois law school;
18 (2) The Attorney General or his or her designee;
19 (3) One member appointed by the President of the
20 Senate;
21 (4) One member appointed by the Minority Leader of
22 the Senate;
23 (5) One member appointed by the Speaker of the
24 House of Representatives;
25 (6) One member appointed by the Minority Leader of
26 the House of Representatives;
27 (7) The Director of the Illinois Department of
28 Corrections or his or her designee;
29 (8) The State's Attorney of Cook County or his or
30 her designee;
31 (9) The Executive Director of the Illinois Criminal
32 Justice Information Authority or his or her designee;
33 (10) The President of the Illinois State's
34 Attorneys Association; and
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1 (11) The President of the Illinois Association of
2 Chiefs of Police.
3 All appointments shall be filed with the Secretary of
4 State by the appointing authority.
5 (c) Duties of the Commission. This Commission shall:
6 (1) develop and monitor legislation facilitating
7 the implementation of Truth-in-Sentencing laws which
8 require criminals to serve at least 85% of their
9 court-imposed sentences, using any information and
10 recommendations available regarding those laws;
11 (2) review the funding provisions of the Violent
12 Crime Control Act of 1994, and any subsequent federal
13 legislation of a comparable nature, to comment in
14 appropriate federal rulemaking and legislative processes
15 on State law enforcement, correctional, and fiscal
16 concerns, and, upon the finalization of federal
17 requirements, to determine what is required to obtain
18 maximum federal funding to assist the State in
19 implementing Truth-in-Sentencing laws; and
20 (3) study the possibility of changing sentences in
21 order to more accurately reflect the actual time spent in
22 prison, while preserving the system's ability to punish
23 criminals justly and equitably.
24 (d) Organization. The Commission shall elect a Chair
25 and Vice-Chair from among its members at its first meeting.
26 The members of the Commission shall serve without
27 compensation but shall be reimbursed for reasonable expenses
28 incurred in the course of performing their duties.
29 (e) Intergovernmental cooperation. The Illinois
30 Criminal Justice Information Authority shall assist the
31 Commission with any and all research and drafting necessary
32 to fulfill its duties. The Illinois Department of
33 Corrections shall give any reasonable assistance to the
34 Commission, including making available all pertinent
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1 statistical information at the Department's disposal.
2 (f) The Commission shall present a full report and a
3 draft of appropriate Truth-in-Sentencing legislation to the
4 Governor and the General Assembly no later than March 1,
5 1999.
6 (a) Legislative findings. The General Assembly finds
7 that violent crime continues to be a severe problem in
8 Illinois. Criminals sentenced to prison for violating the
9 laws of Illinois are often released after serving a fraction
10 of their sentence under Illinois' early release statute. The
11 early release of criminals from prison after they are
12 sentenced to longer terms in court misleads the public as
13 well as victims of crime. Many of these criminals return to
14 a life of crime immediately upon their early release from
15 prison, committing violent acts including murder and rape.
16 Public safety, as well as the integrity of the justice
17 system, demands that criminals serve the sentences handed
18 down by the courts, and that a Truth-in-Sentencing Commission
19 be established to effectuate this goal.
20 (b) Truth-in-Sentencing Commission. There is created
21 the Illinois Truth-in-Sentencing Commission, to consist of 13
22 members as follows:
23 (1) Three members appointed by the Governor, one of
24 whom shall be a member of the faculty of an accredited
25 Illinois law school;
26 (2) The Attorney General or his or her designee;
27 (3) One member appointed by the President of the
28 Senate;
29 (4) One member appointed by the Minority Leader of
30 the Senate;
31 (5) One member appointed by the Speaker of the
32 House of Representatives;
33 (6) One member appointed by the Minority Leader of
34 the House of Representatives;
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1 (7) The Director of the Illinois Department of
2 Corrections or his or her designee;
3 (8) The State's Attorney of Cook County or his or
4 her designee;
5 (9) The Executive Director of the Illinois Criminal
6 Justice Information Authority or his or her designee;
7 (10) The President of the Illinois State's
8 Attorneys Association; and
9 (11) The President of the Illinois Association of
10 Chiefs of Police.
11 All appointments shall be filed with the Secretary of
12 State by the appointing authority.
13 (c) Duties of the Commission. This Commission shall:
14 (1) develop and monitor legislation facilitating
15 the implementation of Truth-in-Sentencing laws which
16 require criminals to serve at least 85% of their
17 court-imposed sentences, using any information and
18 recommendations available regarding those laws;
19 (2) review the funding provisions of the Violent
20 Crime Control Act of 1994, and any subsequent federal
21 legislation of a comparable nature, to comment in
22 appropriate federal rulemaking and legislative processes
23 on State law enforcement, correctional, and fiscal
24 concerns, and, upon the finalization of federal
25 requirements, to determine what is required to obtain
26 maximum federal funding to assist the State in
27 implementing Truth-in-Sentencing laws; and
28 (3) study the possibility of changing sentences in
29 order to more accurately reflect the actual time spent in
30 prison, while preserving the system's ability to punish
31 criminals justly and equitably.
32 (d) Organization. The Commission shall elect a Chair
33 and Vice-Chair from among its members at its first meeting.
34 The members of the Commission shall serve without
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1 compensation but shall be reimbursed for reasonable expenses
2 incurred in the course of performing their duties.
3 (e) Intergovernmental cooperation. The Illinois
4 Criminal Justice Information Authority shall assist the
5 Commission with any and all research and drafting necessary
6 to fulfill its duties. The Illinois Department of
7 Corrections shall give any reasonable assistance to the
8 Commission, including making available all pertinent
9 statistical information at the Department's disposal.
10 (f) The Commission shall present a full report and a
11 draft of appropriate Truth-in-Sentencing legislation to the
12 Governor and the General Assembly no later than March 1,
13 1997.
14 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
15 89-689, eff. 12-31-96.)
16 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
17 Sec. 5-4-1. Sentencing Hearing.
18 (a) Except when the death penalty is sought under
19 hearing procedures otherwise specified, after a determination
20 of guilt, a hearing shall be held to impose the sentence.
21 However, prior to the imposition of sentence on an individual
22 being sentenced for an offense based upon a charge for a
23 violation of Section 11-501 of the Illinois Vehicle Code or a
24 similar provision of a local ordinance, the individual must
25 undergo a professional evaluation to determine if an alcohol
26 or other drug abuse problem exists and the extent of such a
27 problem. Programs conducting these evaluations shall be
28 licensed by the Department of Human Services. However, if
29 the individual is not a resident of Illinois, the court may,
30 in its discretion, accept an evaluation from a program in the
31 state of such individual's residence. The court may in its
32 sentencing order approve an eligible defendant for placement
33 in a Department of Corrections impact incarceration program
-20- LRB9009687RCmbam01
1 as provided in Section 5-8-1.1. At the hearing the court
2 shall:
3 (1) consider the evidence, if any, received upon
4 the trial;
5 (2) consider any presentence reports;
6 (3) consider the financial impact of incarceration
7 based on the financial impact statement filed with the
8 clerk of the court by the Department of Corrections;
9 (4) consider evidence and information offered by
10 the parties in aggravation and mitigation;
11 (5) hear arguments as to sentencing alternatives;
12 (6) afford the defendant the opportunity to make a
13 statement in his own behalf;
14 (7) afford the victim of a violent crime or a
15 violation of Section 11-501 of the Illinois Vehicle Code,
16 or a similar provision of a local ordinance, committed by
17 the defendant the opportunity to make a statement
18 concerning the impact on the victim and to offer evidence
19 in aggravation or mitigation; provided that the statement
20 and evidence offered in aggravation or mitigation must
21 first be prepared in writing in conjunction with the
22 State's Attorney before it may be presented orally at the
23 hearing. Any sworn testimony offered by the victim is
24 subject to the defendant's right to cross-examine. All
25 statements and evidence offered under this paragraph (7)
26 shall become part of the record of the court; and
27 (8) in cases of reckless homicide afford the
28 victim's spouse, guardians, parents or other immediate
29 family members an opportunity to make oral statements.
30 (b) All sentences shall be imposed by the judge based
31 upon his independent assessment of the elements specified
32 above and any agreement as to sentence reached by the
33 parties. The judge who presided at the trial or the judge
34 who accepted the plea of guilty shall impose the sentence
-21- LRB9009687RCmbam01
1 unless he is no longer sitting as a judge in that court.
2 Where the judge does not impose sentence at the same time on
3 all defendants who are convicted as a result of being
4 involved in the same offense, the defendant or the State's
5 attorney may advise the sentencing court of the disposition
6 of any other defendants who have been sentenced.
7 (c) In imposing a sentence for a violent crime or for an
8 offense of operating or being in physical control of a
9 vehicle while under the influence of alcohol, any other drug
10 or any combination thereof, or a similar provision of a local
11 ordinance, when such offense resulted in the personal injury
12 to someone other than the defendant, the trial judge shall
13 specify on the record the particular evidence, information,
14 factors in mitigation and aggravation or other reasons that
15 led to his sentencing determination. The full verbatim record
16 of the sentencing hearing shall be filed with the clerk of
17 the court and shall be a public record.
18 (c-1) In imposing a sentence for the offense of
19 aggravated kidnapping for ransom, home invasion, armed
20 robbery, aggravated vehicular hijacking, aggravated discharge
21 of a firearm, or armed violence with a category I weapon or
22 category II weapon, the trial judge shall make a finding as
23 to whether the conduct leading to conviction for the offense
24 resulted in great bodily harm to a victim, and shall enter
25 that finding and the basis for that finding in the record.
26 (c-2) If the defendant is sentenced to prison, other
27 than when a sentence of natural life imprisonment or a
28 sentence of death is imposed, at the time the sentence is
29 imposed the judge shall state on the record in open court the
30 approximate period of time the defendant will serve in
31 custody according to the then current statutory rules and
32 regulations for early release found in Section 3-6-3 and
33 other related provisions of this Code. This statement is
34 intended solely to inform the public, has no legal effect on
-22- LRB9009687RCmbam01
1 the defendant's actual release, and may not be relied on by
2 the defendant on appeal.
3 The judge's statement, to be given after pronouncing the
4 sentence, other than when the sentence is imposed for one of
5 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
6 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, assuming the defendant receives all of his or her good
14 conduct credit, the period of estimated actual custody is ...
15 years and ... months, less up to 180 days additional good
16 conduct credit for meritorious service. If the defendant,
17 because of his or her own misconduct or failure to comply
18 with the institutional regulations, does not receive those
19 credits, the actual time served in prison will be longer.
20 The defendant may also receive an additional one-half day
21 good conduct credit for each day of participation in
22 vocational, industry, substance abuse, and educational
23 programs as provided for by Illinois statute."
24 When the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(3) of Section 3-6-3, other than
26 when the sentence is imposed for one of the offenses
27 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
28 or after the effective date of this amendatory Act of 1998,
29 the judge's statement, to be given after pronouncing the
30 sentence, shall include the following:
31 "The purpose of this statement is to inform the public of
32 the actual period of time this defendant is likely to spend
33 in prison as a result of this sentence. The actual period of
34 prison time served is determined by the statutes of Illinois
-23- LRB9009687RCmbam01
1 as applied to this sentence by the Illinois Department of
2 Corrections and the Illinois Prisoner Review Board. In this
3 case, assuming the defendant receives all of his or her good
4 conduct credit, the period of estimated actual custody is ...
5 years and ... months, less up to 90 days additional good
6 conduct credit for meritorious service. If the defendant,
7 because of his or her own misconduct or failure to comply
8 with the institutional regulations, does not receive those
9 credits, the actual time served in prison will be longer.
10 The defendant may also receive an additional one-half day
11 good conduct credit for each day of participation in
12 vocational, industry, substance abuse, and educational
13 programs as provided for by Illinois statute."
14 When the sentence is imposed for one of the offenses
15 enumerated in paragraph (a)(2) of Section 3-6-3, other than
16 first degree murder, and the offense was committed on or
17 after the effective date of this amendatory Act of 1998, the
18 judge's statement, to be given after pronouncing the
19 sentence, shall include the following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, the defendant is entitled to no more than 4 1/2 days of
27 good conduct credit for each month of his or her sentence of
28 imprisonment. Therefore, this defendant will serve at least
29 85% of his or her sentence. Assuming the defendant receives
30 4 1/2 days credit for each month of his or her sentence, the
31 period of estimated actual custody is ... years and ...
32 months. If the defendant, because of his or her own
33 misconduct or failure to comply with the institutional
34 regulations receives lesser credit, the actual time served in
-24- LRB9009687RCmbam01
1 prison will be longer."
2 When a sentence of imprisonment is imposed for first
3 degree murder and the offense was committed on or after the
4 effective date of this amendatory Act of 1998, the judge's
5 statement, to be given after pronouncing the sentence, shall
6 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 not entitled to good conduct credit.
14 Therefore, this defendant will serve 100% of his or her
15 sentence."
16 (d) When the defendant is committed to the Department of
17 Corrections, the State's Attorney shall and counsel for the
18 defendant may file a statement with the clerk of the court to
19 be transmitted to the department, agency or institution to
20 which the defendant is committed to furnish such department,
21 agency or institution with the facts and circumstances of the
22 offense for which the person was committed together with all
23 other factual information accessible to them in regard to the
24 person prior to his commitment relative to his habits,
25 associates, disposition and reputation and any other facts
26 and circumstances which may aid such department, agency or
27 institution during its custody of such person. The clerk
28 shall within 10 days after receiving any such statements
29 transmit a copy to such department, agency or institution and
30 a copy to the other party, provided, however, that this shall
31 not be cause for delay in conveying the person to the
32 department, agency or institution to which he has been
33 committed.
34 (e) The clerk of the court shall transmit to the
-25- LRB9009687RCmbam01
1 department, agency or institution, if any, to which the
2 defendant is committed, the following:
3 (1) the sentence imposed;
4 (2) any statement by the court of the basis for
5 imposing the sentence;
6 (3) any presentence reports;
7 (4) the number of days, if any, which the defendant
8 has been in custody and for which he is entitled to
9 credit against the sentence, which information shall be
10 provided to the clerk by the sheriff;
11 (4.1) any finding of great bodily harm made by the
12 court with respect to an offense enumerated in subsection
13 (c-1);
14 (5) all statements filed under subsection (d) of
15 this Section;
16 (6) any medical or mental health records or
17 summaries of the defendant;
18 (7) the municipality where the arrest of the
19 offender or the commission of the offense has occurred,
20 where such municipality has a population of more than
21 25,000 persons;
22 (8) all statements made and evidence offered under
23 paragraph (7) of subsection (a) of this Section; and
24 (9) all additional matters which the court directs
25 the clerk to transmit.
26 (a) Except when the death penalty is sought under
27 hearing procedures otherwise specified, after a determination
28 of guilt, a hearing shall be held to impose the sentence.
29 However, prior to the imposition of sentence on an individual
30 being sentenced for an offense based upon a charge for a
31 violation of Section 11-501 of the Illinois Vehicle Code or a
32 similar provision of a local ordinance, the individual must
33 undergo a professional evaluation to determine if an alcohol
34 or other drug abuse problem exists and the extent of such a
-26- LRB9009687RCmbam01
1 problem. Programs conducting these evaluations shall be
2 licensed by the Department of Human Services. However, if
3 the individual is not a resident of Illinois, the court may,
4 in its discretion, accept an evaluation from a program in the
5 state of such individual's residence. The court may in its
6 sentencing order approve an eligible defendant for placement
7 in a Department of Corrections impact incarceration program
8 as provided in Section 5-8-1.1. At the hearing the court
9 shall:
10 (1) consider the evidence, if any, received upon
11 the trial;
12 (2) consider any presentence reports;
13 (3) consider the financial impact of incarceration
14 based on the financial impact statement filed with the
15 clerk of the court by the Department of Corrections;
16 (4) consider evidence and information offered by
17 the parties in aggravation and mitigation;
18 (5) hear arguments as to sentencing alternatives;
19 (6) afford the defendant the opportunity to make a
20 statement in his own behalf;
21 (7) afford the victim of a violent crime or a
22 violation of Section 11-501 of the Illinois Vehicle Code,
23 or a similar provision of a local ordinance, committed by
24 the defendant the opportunity to make a statement
25 concerning the impact on the victim and to offer evidence
26 in aggravation or mitigation; provided that the statement
27 and evidence offered in aggravation or mitigation must
28 first be prepared in writing in conjunction with the
29 State's Attorney before it may be presented orally at the
30 hearing. Any sworn testimony offered by the victim is
31 subject to the defendant's right to cross-examine. All
32 statements and evidence offered under this paragraph (7)
33 shall become part of the record of the court; and
34 (8) in cases of reckless homicide afford the
-27- LRB9009687RCmbam01
1 victim's spouse, guardians, parents or other immediate
2 family members an opportunity to make oral statements.
3 (b) All sentences shall be imposed by the judge based
4 upon his independent assessment of the elements specified
5 above and any agreement as to sentence reached by the
6 parties. The judge who presided at the trial or the judge
7 who accepted the plea of guilty shall impose the sentence
8 unless he is no longer sitting as a judge in that court.
9 Where the judge does not impose sentence at the same time on
10 all defendants who are convicted as a result of being
11 involved in the same offense, the defendant or the State's
12 attorney may advise the sentencing court of the disposition
13 of any other defendants who have been sentenced.
14 (c) In imposing a sentence for a violent crime or for an
15 offense of operating or being in physical control of a
16 vehicle while under the influence of alcohol, any other drug
17 or any combination thereof, or a similar provision of a local
18 ordinance, when such offense resulted in the personal injury
19 to someone other than the defendant, the trial judge shall
20 specify on the record the particular evidence, information,
21 factors in mitigation and aggravation or other reasons that
22 led to his sentencing determination. The full verbatim record
23 of the sentencing hearing shall be filed with the clerk of
24 the court and shall be a public record.
25 (c-1) In imposing a sentence for the offense of
26 aggravated kidnapping for ransom, home invasion, armed
27 robbery, aggravated vehicular hijacking, aggravated discharge
28 of a firearm, or armed violence with a category I weapon or
29 category II weapon, the trial judge shall make a finding as
30 to whether the conduct leading to conviction for the offense
31 resulted in great bodily harm to a victim, and shall enter
32 that finding and the basis for that finding in the record.
33 (c-2) If the defendant is sentenced to prison, other
34 than when a sentence of natural life imprisonment or a
-28- LRB9009687RCmbam01
1 sentence of death is imposed, at the time the sentence is
2 imposed the judge shall state on the record in open court the
3 approximate period of time the defendant will serve in
4 custody according to the then current statutory rules and
5 regulations for early release found in Section 3-6-3 and
6 other related provisions of this Code. This statement is
7 intended solely to inform the public, has no legal effect on
8 the defendant's actual release, and may not be relied on by
9 the defendant on appeal.
10 The judge's statement, to be given after pronouncing the
11 sentence, other than when the sentence is imposed for one of
12 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
13 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, assuming the defendant receives all of his or her good
21 conduct credit, the period of estimated actual custody is ...
22 years and ... months, less up to 180 days additional good
23 conduct credit for meritorious service. If the defendant,
24 because of his or her own misconduct or failure to comply
25 with the institutional regulations, does not receive those
26 credits, the actual time served in prison will be longer.
27 The defendant may also receive an additional one-half day
28 good conduct credit for each day of participation in
29 vocational, industry, substance abuse, and educational
30 programs as provided for by Illinois statute."
31 When the sentence is imposed for one of the offenses
32 enumerated in paragraph (a)(3) of Section 3-6-3, other than
33 when the sentence is imposed for one of the offenses
34 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
-29- LRB9009687RCmbam01
1 or after the effective date of this amendatory Act of 1995,
2 the judge's statement, to be given after pronouncing the
3 sentence, shall include the following:
4 "The purpose of this statement is to inform the public of
5 the actual period of time this defendant is likely to spend
6 in prison as a result of this sentence. The actual period of
7 prison time served is determined by the statutes of Illinois
8 as applied to this sentence by the Illinois Department of
9 Corrections and the Illinois Prisoner Review Board. In this
10 case, assuming the defendant receives all of his or her good
11 conduct credit, the period of estimated actual custody is ...
12 years and ... months, less up to 90 days additional good
13 conduct credit for meritorious service. If the defendant,
14 because of his or her own misconduct or failure to comply
15 with the institutional regulations, does not receive those
16 credits, the actual time served in prison will be longer.
17 The defendant may also receive an additional one-half day
18 good conduct credit for each day of participation in
19 vocational, industry, substance abuse, and educational
20 programs as provided for by Illinois statute."
21 When the sentence is imposed for one of the offenses
22 enumerated in paragraph (a)(2) of Section 3-6-3, other than
23 first degree murder, and the offense was committed on or
24 after the effective date of this amendatory Act of 1995, the
25 judge's statement, to be given after pronouncing the
26 sentence, shall include the following:
27 "The purpose of this statement is to inform the public of
28 the actual period of time this defendant is likely to spend
29 in prison as a result of this sentence. The actual period of
30 prison time served is determined by the statutes of Illinois
31 as applied to this sentence by the Illinois Department of
32 Corrections and the Illinois Prisoner Review Board. In this
33 case, the defendant is entitled to no more than 4 1/2 days of
34 good conduct credit for each month of his or her sentence of
-30- LRB9009687RCmbam01
1 imprisonment. Therefore, this defendant will serve at least
2 85% of his or her sentence. Assuming the defendant receives
3 4 1/2 days credit for each month of his or her sentence, the
4 period of estimated actual custody is ... years and ...
5 months. If the defendant, because of his or her own
6 misconduct or failure to comply with the institutional
7 regulations receives lesser credit, the actual time served in
8 prison will be longer."
9 When a sentence of imprisonment is imposed for first
10 degree murder and the offense was committed on or after the
11 effective date of this amendatory Act of 1995, the judge's
12 statement, to be given after pronouncing the sentence, shall
13 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 not entitled to good conduct credit.
21 Therefore, this defendant will serve 100% of his or her
22 sentence."
23 (d) When the defendant is committed to the Department of
24 Corrections, the State's Attorney shall and counsel for the
25 defendant may file a statement with the clerk of the court to
26 be transmitted to the department, agency or institution to
27 which the defendant is committed to furnish such department,
28 agency or institution with the facts and circumstances of the
29 offense for which the person was committed together with all
30 other factual information accessible to them in regard to the
31 person prior to his commitment relative to his habits,
32 associates, disposition and reputation and any other facts
33 and circumstances which may aid such department, agency or
34 institution during its custody of such person. The clerk
-31- LRB9009687RCmbam01
1 shall within 10 days after receiving any such statements
2 transmit a copy to such department, agency or institution and
3 a copy to the other party, provided, however, that this shall
4 not be cause for delay in conveying the person to the
5 department, agency or institution to which he has been
6 committed.
7 (e) The clerk of the court shall transmit to the
8 department, agency or institution, if any, to which the
9 defendant is committed, the following:
10 (1) the sentence imposed;
11 (2) any statement by the court of the basis for
12 imposing the sentence;
13 (3) any presentence reports;
14 (4) the number of days, if any, which the defendant
15 has been in custody and for which he is entitled to
16 credit against the sentence, which information shall be
17 provided to the clerk by the sheriff;
18 (4.1) any finding of great bodily harm made by the
19 court with respect to an offense enumerated in subsection
20 (c-1);
21 (5) all statements filed under subsection (d) of
22 this Section;
23 (6) any medical or mental health records or
24 summaries of the defendant;
25 (7) the municipality where the arrest of the
26 offender or the commission of the offense has occurred,
27 where such municipality has a population of more than
28 25,000 persons;
29 (8) all statements made and evidence offered under
30 paragraph (7) of subsection (a) of this Section; and
31 (9) all additional matters which the court directs
32 the clerk to transmit.
33 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
-32- LRB9009687RCmbam01
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".