State of Illinois
90th General Assembly
Legislation

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90_SB1249

      730 ILCS 5/5-5-3
          Amends the Unified Code of Corrections.  Provides that  a
      person  convicted  of gunrunning is ineligible for probation,
      periodic imprisonment, or conditional discharge.
                                                     LRB9008722RCks
                                               LRB9008722RCks
 1        AN ACT to  amend  the  Unified  Code  of  Corrections  by
 2    changing Section 5-5-3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 5-5-3 as follows:
 7        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 8        Sec. 5-5-3.  Disposition.
 9        (a)  Every  person  convicted  of  an  offense  shall  be
10    sentenced as provided in this Section.
11        (b)  The   following   options   shall   be   appropriate
12    dispositions, alone or in combination, for all  felonies  and
13    misdemeanors other than those identified in subsection (c) of
14    this Section:
15             (1)  A period of probation.
16             (2)  A term of periodic imprisonment.
17             (3)  A term of conditional discharge.
18             (4)  A term of imprisonment.
19             (5)  An order directing the offender to clean up and
20        repair  the  damage,  if the offender was convicted under
21        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
22        1961.
23             (6)  A fine.
24             (7)  An   order   directing  the  offender  to  make
25        restitution to the victim under  Section  5-5-6  of  this
26        Code.
27             (8)  A  sentence of participation in a county impact
28        incarceration program under Section 5-8-1.2 of this Code.
29        Whenever an individual is sentenced for an offense  based
30    upon  an  arrest  for  a  violation  of Section 11-501 of the
31    Illinois Vehicle Code, or a  similar  provision  of  a  local
                            -2-                LRB9008722RCks
 1    ordinance,   and   the   professional  evaluation  recommends
 2    remedial or rehabilitative treatment  or  education,  neither
 3    the treatment nor the education shall be the sole disposition
 4    and  either  or  both may be imposed only in conjunction with
 5    another disposition. The court shall monitor compliance  with
 6    any remedial education or treatment recommendations contained
 7    in  the professional evaluation.  Programs conducting alcohol
 8    or other  drug  evaluation  or  remedial  education  must  be
 9    licensed  by  the  Department of Human Services.  However, if
10    the individual is not a resident of Illinois, the  court  may
11    accept  an  alcohol  or  other  drug  evaluation  or remedial
12    education  program  in  the  state   of   such   individual's
13    residence.   Programs  providing  treatment  must be licensed
14    under  existing  applicable  alcoholism  and  drug  treatment
15    licensure standards.
16        In addition to any other fine or penalty required by law,
17    any individual convicted of a violation of Section 11-501  of
18    the  Illinois  Vehicle  Code  or a similar provision of local
19    ordinance, whose  operation  of  a  motor  vehicle  while  in
20    violation  of  Section  11-501  or such ordinance proximately
21    caused an incident  resulting  in  an  appropriate  emergency
22    response,  shall  be required to make restitution to a public
23    agency for  the  costs  of  that  emergency  response.   Such
24    restitution  shall not exceed $500 per public agency for each
25    such emergency response.  For the purpose of this  paragraph,
26    emergency  response  shall  mean  any  incident  requiring  a
27    response  by: a police officer as defined under Section 1-162
28    of the Illinois Vehicle Code; a fireman carried on the  rolls
29    of  a regularly constituted fire department; and an ambulance
30    as defined  under  Section  4.05  of  the  Emergency  Medical
31    Services (EMS) Systems Act.
32        Neither   a  fine  nor  restitution  shall  be  the  sole
33    disposition for a felony and either or both  may  be  imposed
34    only in conjunction with another disposition.
                            -3-                LRB9008722RCks
 1        (c) (1)  When a defendant is found guilty of first degree
 2        murder   the   State   may  either  seek  a  sentence  of
 3        imprisonment under Section 5-8-1 of this Code,  or  where
 4        appropriate seek a sentence of death under Section 9-1 of
 5        the Criminal Code of 1961.
 6             (2)  A  period  of  probation,  a  term  of periodic
 7        imprisonment  or  conditional  discharge  shall  not   be
 8        imposed  for  the  following  offenses.  The  court shall
 9        sentence the offender to not less than the  minimum  term
10        of  imprisonment set forth in this Code for the following
11        offenses, and may order a fine or restitution or both  in
12        conjunction with such term of imprisonment:
13                  (A)  First   degree   murder  where  the  death
14             penalty is not imposed.
15                  (B)  Attempted first degree murder.
16                  (C)  A Class X felony.
17                  (D)  A violation of Section 401.1 or 407 of the
18             Illinois Controlled Substances Act, or  a  violation
19             of  subdivision  (c)(2)  of  Section 401 of that Act
20             which relates to more than 5 grams  of  a  substance
21             containing cocaine or an analog thereof.
22                  (E)  A  violation  of  Section  5.1 or 9 of the
23             Cannabis Control Act.
24                  (F)  A  Class  2  or  greater  felony  if   the
25             offender  had been convicted of a Class 2 or greater
26             felony within 10 years  of  the  date  on  which  he
27             committed   the   offense  for  which  he  is  being
28             sentenced.
29                  (G)  Residential burglary.
30                  (H)  Criminal   sexual   assault,   except   as
31             otherwise  provided  in  subsection  (e)   of   this
32             Section.
33                  (I)  Aggravated battery of a senior citizen.
34                  (J)  A  forcible  felony  if  the  offense  was
                            -4-                LRB9008722RCks
 1             related to the activities of an organized gang.
 2                  Before  July  1, 1994, for the purposes of this
 3             paragraph, "organized gang" means an association  of
 4             5  or  more  persons, with an established hierarchy,
 5             that  encourages  members  of  the  association   to
 6             perpetrate crimes or provides support to the members
 7             of the association who do commit crimes.
 8                  Beginning  July  1,  1994,  for the purposes of
 9             this paragraph, "organized  gang"  has  the  meaning
10             ascribed  to  it  in  Section  10  of  the  Illinois
11             Streetgang Terrorism Omnibus Prevention Act.
12                  (K)  Vehicular hijacking.
13                  (L)  A  second or subsequent conviction for the
14             offense of hate crime when  the  underlying  offense
15             upon  which  the  hate  crime  is  based  is  felony
16             aggravated assault or felony mob action.
17                  (M)  A  second or subsequent conviction for the
18             offense of institutional vandalism if the damage  to
19             the property exceeds $300.
20                  (N)  A  Class  3  felony violation of paragraph
21             (1) of subsection (a) of Section 2  of  the  Firearm
22             Owners Identification Card Act.
23                  (O)  A  violation  of  Section  12-6.1  of  the
24             Criminal Code of 1961.
25                  (P)  A  violation  of  paragraph (1), (2), (3),
26             (4), (5),  or  (7)  of  subsection  (a)  of  Section
27             11-20.1 of the Criminal Code of 1961.
28                  (Q)  A   violation  of  Section  24-3A  of  the
29             Criminal Code of 1961.
30             (3)  A minimum term of imprisonment of not less than
31        48 consecutive hours or 100 hours of community service as
32        may be determined by the court shall  be  imposed  for  a
33        second  or  subsequent violation committed within 5 years
34        of a previous violation of Section 11-501 of the Illinois
                            -5-                LRB9008722RCks
 1        Vehicle Code or a similar provision of a local ordinance.
 2             (4)  A minimum term of imprisonment of not less than
 3        7 consecutive days or 30 days of community service  shall
 4        be  imposed  for  a violation of paragraph (c) of Section
 5        6-303 of the Illinois Vehicle Code.
 6             (4.1)  A minimum term  of  30  consecutive  days  of
 7        imprisonment, 40 days of 24 hour periodic imprisonment or
 8        720  hours  of community service, as may be determined by
 9        the court, shall be imposed for a  violation  of  Section
10        11-501  of  the  Illinois Vehicle Code during a period in
11        which the defendant's driving privileges are  revoked  or
12        suspended,  where  the revocation or suspension was for a
13        violation of Section 11-501 or Section 11-501.1  of  that
14        Code.
15             (5)  The court may sentence an offender convicted of
16        a business offense or a petty offense or a corporation or
17        unincorporated association convicted of any offense to:
18                  (A)  a period of conditional discharge;
19                  (B)  a fine;
20                  (C)  make   restitution  to  the  victim  under
21             Section 5-5-6 of this Code.
22             (6)  In no case shall an offender be eligible for  a
23        disposition  of  probation or conditional discharge for a
24        Class 1 felony committed while he was serving a  term  of
25        probation or conditional discharge for a felony.
26             (7)  When   a   defendant  is  adjudged  a  habitual
27        criminal under Article 33B of the Criminal Code of  1961,
28        the  court  shall  sentence  the  defendant  to a term of
29        natural life imprisonment.
30             (8)  When a defendant, over the age of 21 years,  is
31        convicted  of  a  Class 1 or Class 2 felony, after having
32        twice been convicted of any  Class  2  or  greater  Class
33        felonies  in  Illinois,  and  such charges are separately
34        brought and tried and arise out of  different  series  of
                            -6-                LRB9008722RCks
 1        acts,  such  defendant  shall  be  sentenced as a Class X
 2        offender. This paragraph shall not apply unless  (1)  the
 3        first  felony  was  committed after the effective date of
 4        this amendatory Act of 1977; and (2)  the  second  felony
 5        was  committed after conviction on the first; and (3) the
 6        third  felony  was  committed  after  conviction  on  the
 7        second.
 8             (9)  A defendant convicted of a second or subsequent
 9        offense of ritualized abuse of a child may  be  sentenced
10        to a term of natural life imprisonment.
11             (10)  Beginning  July  1,  1994,  unless  sentencing
12        under Section 33B-1 is applicable, a term of imprisonment
13        of not less than 15 years nor more than 50 years shall be
14        imposed  on a defendant who violates Section 33A-2 of the
15        Criminal Code of 1961 with a firearm,  when  that  person
16        has  been convicted in any state or federal court of 3 or
17        more of the following  offenses:  treason,  first  degree
18        murder,  second degree murder, aggravated criminal sexual
19        assault,  criminal  sexual  assault,  robbery,  burglary,
20        arson, kidnaping, aggravated battery resulting  in  great
21        bodily  harm or permanent disability or disfigurement, or
22        a violation of Section 401(a) of the Illinois  Controlled
23        Substances  Act,  when  the  third  offense was committed
24        after conviction on the second, the  second  offense  was
25        committed   after   conviction  on  the  first,  and  the
26        violation of Section 33A-2 of the Criminal Code  of  1961
27        was committed after conviction on the third.
28             (11)  Beginning July 1, 1994, a term of imprisonment
29        of  not  less  than  10  years and not more than 30 years
30        shall be imposed on  a  defendant  who  violates  Section
31        33A-2  with  a  Category  I  weapon where the offense was
32        committed in any school, or any conveyance owned, leased,
33        or contracted by a school to  transport  students  to  or
34        from  school  or  a  school related activity, on the real
                            -7-                LRB9008722RCks
 1        property comprising any school or public park, and  where
 2        the offense was related to the activities of an organized
 3        gang.    For   the   purposes  of  this  paragraph  (11),
 4        "organized gang"  has  the  meaning  ascribed  to  it  in
 5        Section  10  of the Illinois Streetgang Terrorism Omnibus
 6        Prevention Act.
 7        (d)  In any case in which a sentence  originally  imposed
 8    is  vacated,  the  case shall be remanded to the trial court.
 9    The trial court shall hold a hearing under Section  5-4-1  of
10    the Unified Code of Corrections which may include evidence of
11    the  defendant's  life, moral character and occupation during
12    the time since the original sentence was passed.   The  trial
13    court  shall  then  impose  sentence upon the defendant.  The
14    trial court may impose any sentence  which  could  have  been
15    imposed at the original trial subject to Section 5-5-4 of the
16    Unified Code of Corrections.
17        (e)  In  cases  where  prosecution  for  criminal  sexual
18    assault  or  aggravated  criminal  sexual abuse under Section
19    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
20    conviction  of  a  defendant  who  was a family member of the
21    victim at the time of the  commission  of  the  offense,  the
22    court shall consider the safety and welfare of the victim and
23    may impose a sentence of probation only where:
24             (1)  the   court  finds  (A)  or  (B)  or  both  are
25        appropriate:
26                  (A)  the defendant  is  willing  to  undergo  a
27             court  approved  counseling  program  for  a minimum
28             duration of 2 years; or
29                  (B)  the defendant is willing to participate in
30             a court approved plan including but not  limited  to
31             the defendant's:
32                       (i)  removal from the household;
33                       (ii)  restricted contact with the victim;
34                       (iii)  continued  financial support of the
                            -8-                LRB9008722RCks
 1                  family;
 2                       (iv)  restitution for  harm  done  to  the
 3                  victim; and
 4                       (v)  compliance  with  any  other measures
 5                  that the court may deem appropriate; and
 6             (2)  the court orders the defendant to pay  for  the
 7        victim's  counseling  services,  to  the  extent that the
 8        court finds, after considering the defendant's income and
 9        assets, that the  defendant  is  financially  capable  of
10        paying  for  such  services,  if  the victim was under 18
11        years of age at the time the offense  was  committed  and
12        requires counseling as a result of the offense.
13        Probation  may be revoked or modified pursuant to Section
14    5-6-4; except where the court determines at the hearing  that
15    the  defendant  violated  a condition of his or her probation
16    restricting contact with the victim or other  family  members
17    or  commits  another  offense with the victim or other family
18    members, the court shall revoke the defendant's probation and
19    impose a term of imprisonment.
20        For the purposes of this  Section,  "family  member"  and
21    "victim"  shall have the meanings ascribed to them in Section
22    12-12 of the Criminal Code of 1961.
23        (f)  This Article shall not  deprive  a  court  in  other
24    proceedings  to order a forfeiture of property, to suspend or
25    cancel a license, to remove  a  person  from  office,  or  to
26    impose any other civil penalty.
27        (g)  Whenever  a  defendant  is  convicted  of an offense
28    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
29    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
30    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
31    shall  undergo  medical  testing  to  determine  whether  the
32    defendant has any sexually transmissible disease, including a
33    test for infection with human immunodeficiency virus (HIV) or
34    any    other   identified   causative   agent   of   acquired
                            -9-                LRB9008722RCks
 1    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 2    shall  be  performed  only  by appropriately licensed medical
 3    practitioners and may  include  an  analysis  of  any  bodily
 4    fluids  as  well as an examination of the defendant's person.
 5    Except as otherwise provided by law, the results of such test
 6    shall be kept strictly confidential by all medical  personnel
 7    involved in the testing and must be personally delivered in a
 8    sealed  envelope  to  the  judge  of  the  court in which the
 9    conviction was entered for the judge's inspection in  camera.
10    Acting  in  accordance  with the best interests of the victim
11    and the public,  the  judge  shall  have  the  discretion  to
12    determine  to whom, if anyone, the results of the testing may
13    be revealed. The court shall notify the defendant of the test
14    results.  The court shall also notify the victim if requested
15    by the victim, and if the victim is under the age of  15  and
16    if  requested  by the victim's parents or legal guardian, the
17    court shall notify the victim's parents or legal guardian  of
18    the test results.  The court shall provide information on the
19    availability  of  HIV testing and counseling at Department of
20    Public Health facilities to all parties to whom  the  results
21    of  the  testing  are  revealed  and shall direct the State's
22    Attorney to  provide  the  information  to  the  victim  when
23    possible. A State's Attorney may petition the court to obtain
24    the  results of any HIV test administered under this Section,
25    and the court shall  grant  the  disclosure  if  the  State's
26    Attorney  shows it is relevant in order to prosecute a charge
27    of criminal transmission of HIV under Section 12-16.2 of  the
28    Criminal Code of 1961 against the defendant.  The court shall
29    order  that  the  cost  of any such test shall be paid by the
30    county and may  be  taxed  as  costs  against  the  convicted
31    defendant.
32        (g-5)  When   an   inmate   is  tested  for  an  airborne
33    communicable  disease,  as   determined   by   the   Illinois
34    Department  of  Public  Health  including  but not limited to
                            -10-               LRB9008722RCks
 1    tuberculosis, the results of the  test  shall  be  personally
 2    delivered  by  the  warden or his or her designee in a sealed
 3    envelope to the judge of the court in which the  inmate  must
 4    appear  for  the judge's inspection in camera if requested by
 5    the judge.  Acting in accordance with the best  interests  of
 6    those  in  the courtroom, the judge shall have the discretion
 7    to determine what if any precautions  need  to  be  taken  to
 8    prevent transmission of the disease in the courtroom.
 9        (h)  Whenever  a  defendant  is  convicted  of an offense
10    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
11    Act, the defendant shall undergo medical testing to determine
12    whether   the   defendant   has   been   exposed   to   human
13    immunodeficiency   virus   (HIV)   or  any  other  identified
14    causative agent of acquired immunodeficiency syndrome (AIDS).
15    Except as otherwise provided by law, the results of such test
16    shall be kept strictly confidential by all medical  personnel
17    involved in the testing and must be personally delivered in a
18    sealed  envelope  to  the  judge  of  the  court in which the
19    conviction was entered for the judge's inspection in  camera.
20    Acting  in  accordance with the best interests of the public,
21    the judge shall have the discretion to determine to whom,  if
22    anyone, the results of the testing may be revealed. The court
23    shall  notify  the  defendant  of  a positive test showing an
24    infection with the human immunodeficiency  virus  (HIV).  The
25    court  shall  provide  information on the availability of HIV
26    testing  and  counseling  at  Department  of  Public   Health
27    facilities  to all parties to whom the results of the testing
28    are revealed and shall direct the State's Attorney to provide
29    the information  to  the  victim  when  possible.  A  State's
30    Attorney  may petition the court to obtain the results of any
31    HIV test administered under  this   Section,  and  the  court
32    shall  grant  the disclosure if the State's Attorney shows it
33    is relevant in  order  to  prosecute  a  charge  of  criminal
34    transmission  of  HIV  under  Section 12-16.2 of the Criminal
                            -11-               LRB9008722RCks
 1    Code of 1961 against the defendant.  The  court  shall  order
 2    that  the  cost  of any such test shall be paid by the county
 3    and may be taxed as costs against the convicted defendant.
 4        (i)  All fines and penalties imposed under  this  Section
 5    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 6    Vehicle  Code,  or  a similar provision of a local ordinance,
 7    and any violation of the Child Passenger Protection Act, or a
 8    similar provision of a local ordinance,  shall  be  collected
 9    and  disbursed by the circuit clerk as provided under Section
10    27.5 of the Clerks of Courts Act.
11        (j)  In cases  when  prosecution  for  any  violation  of
12    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
13    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
14    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
15    12-16 of the Criminal Code of  1961,  any  violation  of  the
16    Illinois  Controlled  Substances Act, or any violation of the
17    Cannabis Control Act results in conviction, a disposition  of
18    court  supervision,  or  an  order of probation granted under
19    Section 10 of the Cannabis Control Act or Section 410 of  the
20    Illinois  Controlled  Substance Act of a defendant, the court
21    shall determine  whether  the  defendant  is  employed  by  a
22    facility  or  center  as  defined under the Child Care Act of
23    1969, a public or private elementary or secondary school,  or
24    otherwise  works  with  children  under  18 years of age on a
25    daily basis.  When a defendant  is  so  employed,  the  court
26    shall  order  the  Clerk  of  the Court to send a copy of the
27    judgment of conviction or order of supervision  or  probation
28    to  the  defendant's  employer  by  certified  mail.  If  the
29    employer of the defendant is a school, the Clerk of the Court
30    shall  direct  the  mailing  of  a  copy  of  the judgment of
31    conviction or  order  of  supervision  or  probation  to  the
32    appropriate regional superintendent of schools.  The regional
33    superintendent  of  schools  shall  notify the State Board of
34    Education of any notification under this subsection.
                            -12-               LRB9008722RCks
 1        (j-5)  A defendant at  least  17  years  of  age  who  is
 2    convicted  of  a  felony  and  who  has  not  been previously
 3    convicted of a misdemeanor or felony and who is sentenced  to
 4    a   term  of  imprisonment  in  the  Illinois  Department  of
 5    Corrections shall as a condition of his or  her  sentence  be
 6    required  by the court to attend educational courses designed
 7    to prepare the defendant for a high  school  diploma  and  to
 8    work  toward  a high school diploma or to work toward passing
 9    the high school level Test of General Educational Development
10    (GED) or to work  toward  completing  a  vocational  training
11    program  offered  by  the  Department  of  Corrections.  If a
12    defendant fails to complete the educational training required
13    by his or her sentence during the term of incarceration,  the
14    Prisoner  Review  Board  shall,  as  a condition of mandatory
15    supervised release, require the defendant, at his or her  own
16    expense,  to  pursue  a  course of study toward a high school
17    diploma or passage of the  GED  test.   The  Prisoner  Review
18    Board  shall  revoke  the  mandatory  supervised release of a
19    defendant who wilfully fails to comply with  this  subsection
20    (j-5)  upon  his  or  her release from confinement in a penal
21    institution while  serving  a  mandatory  supervised  release
22    term;  however, the inability of the defendant after making a
23    good faith effort to obtain financial  aid  or  pay  for  the
24    educational  training shall not be deemed a wilful failure to
25    comply.   The  Prisoner  Review  Board  shall  recommit   the
26    defendant  whose  mandatory  supervised release term has been
27    revoked under this subsection (j-5) as  provided  in  Section
28    3-3-9.   This  subsection (j-5) does not apply to a defendant
29    who has a high school diploma or has successfully passed  the
30    GED test. This subsection (j-5) does not apply to a defendant
31    who is determined by the court to be developmentally disabled
32    or otherwise mentally incapable of completing the educational
33    or vocational program.
34        (k)  A court may not impose a sentence or disposition for
                            -13-               LRB9008722RCks
 1    a  felony  or  misdemeanor  that requires the defendant to be
 2    implanted or injected with  or  to  use  any  form  of  birth
 3    control.
 4        (l)(A)  Except as provided in paragraph (C) of subsection
 5    (l),  whenever a defendant, who is an alien as defined by the
 6    Immigration and Nationality Act, is convicted of  any  felony
 7    or  misdemeanor  offense,  the  court  after  sentencing  the
 8    defendant  may,  upon  motion  of  the State's Attorney, hold
 9    sentence in abeyance and remand the defendant to the  custody
10    of  the  Attorney  General of the United States or his or her
11    designated agent to be deported when:
12             (1)  a final order of deportation  has  been  issued
13        against  the  defendant pursuant to proceedings under the
14        Immigration and Nationality Act, and
15             (2)  the deportation  of  the  defendant  would  not
16        deprecate  the seriousness of the defendant's conduct and
17        would not be inconsistent with the ends of justice.
18        Otherwise, the defendant shall be sentenced  as  provided
19    in this Chapter V.
20        (B)  If  the  defendant  has already been sentenced for a
21    felony  or  misdemeanor  offense,  or  has  been  placed   on
22    probation  under  Section  10  of the Cannabis Control Act or
23    Section 410 of the Illinois Controlled  Substances  Act,  the
24    court may, upon motion of the State's Attorney to suspend the
25    sentence  imposed, commit the defendant to the custody of the
26    Attorney  General  of  the  United  States  or  his  or   her
27    designated agent when:
28             (1)  a  final  order  of deportation has been issued
29        against the defendant pursuant to proceedings  under  the
30        Immigration and Nationality Act, and
31             (2)  the  deportation  of  the  defendant  would not
32        deprecate the seriousness of the defendant's conduct  and
33        would not be inconsistent with the ends of justice.
34        (C)  This  subsection (l) does not apply to offenders who
                            -14-               LRB9008722RCks
 1    are subject to the provisions of paragraph (2) of  subsection
 2    (a) of Section 3-6-3.
 3        (D)  Upon  motion of the State's Attorney, if a defendant
 4    sentenced under this Section returns to the  jurisdiction  of
 5    the  United States, the defendant shall be recommitted to the
 6    custody of the county from which he  or  she  was  sentenced.
 7    Thereafter,   the  defendant  shall  be  brought  before  the
 8    sentencing court, which may  impose  any  sentence  that  was
 9    available   under  Section  5-5-3  at  the  time  of  initial
10    sentencing.  In addition, the defendant shall not be eligible
11    for additional good conduct credit for meritorious service as
12    provided under Section 3-6-6.
13    (Source: P.A.  89-8,  eff.  3-21-95;  89-314,  eff.   1-1-96;
14    89-428,  eff.  12-13-95;  89-462,  eff. 5-29-96; 89-477, eff.
15    6-18-96; 89-507, eff. 7-1-97; 89-545, eff.  7-25-96;  89-587,
16    eff.  7-31-96;  89-627,  eff.  1-1-97;  89-688,  eff. 6-1-97;
17    90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)

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