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90_SB1756enr 720 ILCS 5/18-5 Amends the Criminal Code of 1961. Provides that aggravated robbery includes indicating to the victim that the offender is presently armed with a dangerous weapon, including a knife, club, ax, or bludgeon (now only a firearm). LRB9011691RCpc SB1756 Enrolled LRB9011691RCpc 1 AN ACT in relation to criminal law, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. Section 3-6021 of the Counties Code is 5 amended as follows: 6 (55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021) 7 Sec. 3-6021. Conservator of the peace. Each sheriff 8 shall be conservator of the peace in his or her county, and 9 shall prevent crime and maintain the safety and order of the 10 citizens of that county; and may arrest offenders on view, 11 and cause them to be brought before the proper court for 12 trial or examination.Conservator of the peace. Each sheriff13shall be conservator of the peace in his or her county, and14shall prevent crime and maintain the safety and order of the15citizens of that county; and may arrest offenders on view,16and cause them to be brought before the proper court for17trial or examination.18 (Source: P.A. 89-404, eff. 8-20-95.) 19 Section 10. Section 7-4-8 of the Illinois Municipal Code 20 is amended as follows: 21 (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8) 22 Sec. 7-4-8. The police of any municipality in such a 23 police district have full authority and power as peace 24 officers and may go into any part of the district to exercise 25 that authority and power. For these purposes the mayor of any 26 municipality in the district, and the chiefs of police 27 therein, shall use the police forces under their control 28 anywhere in the district.The police of any municipality29in such a police district have full authority and power asSB1756 Enrolled -2- LRB9011691RCpc 1peace officers and may go into any part of the district to2exercise that authority and power. For these purposes the3mayor of any municipality in the district, and the chiefs of4police therein, shall use the police forces under their5control anywhere in the district.6 (Source: P.A. 89-404, eff. 8-20-95.) 7 Section 15. Sections 3-2, 6-2, and 18-5 of the Criminal 8 Code of 1961 are amended as follows: 9 (720 ILCS 5/3-2) (from Ch. 38, par. 3-2) 10 Sec. 3-2. Affirmative defense. 11 (a) "Affirmative defense" means that unless the State's 12 evidence raises the issue involving the alleged defense, the 13 defendant, to raise the issue, must present some evidence 14 thereon. 15 (b) If the issue involved in an affirmative defense, 16 other than insanity, is raised then the State must sustain 17 the burden of proving the defendant guilty beyond a 18 reasonable doubt as to that issue together with all the other 19 elements of the offense. If the affirmative defense of 20 insanity is raised, the defendant bears the burden of proving 21 by clear and convincing evidence his insanity at the time of 22 the offense.Affirmative defense.23(a) "Affirmative defense" means that unless the State's24evidence raises the issue involving the alleged defense, the25defendant, to raise the issue, must present some evidence26thereon.27(b) If the issue involved in an affirmative defense,28other than insanity, is raised then the State must sustain29the burden of proving the defendant guilty beyond a30reasonable doubt as to that issue together with all the other31elements of the offense. If the affirmative defense of32insanity is raised, the defendant bears the burden of provingSB1756 Enrolled -3- LRB9011691RCpc 1by clear and convincing evidence his insanity at the time of2the offense.3 (Source: P.A. 89-404, eff. 8-20-95.) 4 (720 ILCS 5/6-2) (from Ch. 38, par. 6-2) 5 Sec. 6-2. Insanity. 6 (a) A person is not criminally responsible for conduct 7 if at the time of such conduct, as a result of mental disease 8 or mental defect, he lacks substantial capacity to appreciate 9 the criminality of his conduct. 10 (b) The terms "mental disease or mental defect" do not 11 include an abnormality manifested only by repeated criminal 12 or otherwise antisocial conduct. 13 (c) A person who, at the time of the commission of a 14 criminal offense, was not insane but was suffering from a 15 mental illness, is not relieved of criminal responsibility 16 for his conduct and may be found guilty but mentally ill. 17 (d) For purposes of this Section, "mental illness" or 18 "mentally ill" means a substantial disorder of thought, mood, 19 or behavior which afflicted a person at the time of the 20 commission of the offense and which impaired that person's 21 judgment, but not to the extent that he is unable to 22 appreciate the wrongfulness of his behavior. 23 (e) When the defense of insanity has been presented 24 during the trial, the burden of proof is on the defendant to 25 prove by clear and convincing evidence that the defendant is 26 not guilty by reason of insanity. However, the burden of 27 proof remains on the State to prove beyond a reasonable doubt 28 each of the elements of each of the offenses charged, and, in 29 a jury trial where the insanity defense has been presented, 30 the jury must be instructed that it may not consider whether 31 the defendant has met his burden of proving that he is not 32 guilty by reason of insanity until and unless it has first 33 determined that the State has proven the defendant guilty SB1756 Enrolled -4- LRB9011691RCpc 1 beyond a reasonable doubt of the offense with which he is 2 charged. 3Insanity.4(a) A person is not criminally responsible for conduct5if at the time of such conduct, as a result of mental disease6or mental defect, he lacks substantial capacity to appreciate7the criminality of his conduct.8(b) The terms "mental disease or mental defect" do not9include an abnormality manifested only by repeated criminal10or otherwise antisocial conduct.11(c) A person who, at the time of the commission of a12criminal offense, was not insane but was suffering from a13mental illness, is not relieved of criminal responsibility14for his conduct and may be found guilty but mentally ill.15(d) For purposes of this Section, "mental illness" or16"mentally ill" means a substantial disorder of thought, mood,17or behavior which afflicted a person at the time of the18commission of the offense and which impaired that person's19judgment, but not to the extent that he is unable to20appreciate the wrongfulness of his behavior.21(e) When the defense of insanity has been presented22during the trial, the burden of proof is on the defendant to23prove by clear and convincing evidence that the defendant is24not guilty by reason of insanity. However, the burden of25proof remains on the State to prove beyond a reasonable doubt26each of the elements of each of the offenses charged, and, in27a jury trial where the insanity defense has been presented,28the jury must be instructed that it may not consider whether29the defendant has met his burden of proving that he is not30guilty by reason of insanity until and unless it has first31determined that the State has proven the defendant guilty32beyond a reasonable doubt of the offense with which he is33charged.34 (Source: P.A. 89-404, eff. 8-20-95.) SB1756 Enrolled -5- LRB9011691RCpc 1 (720 ILCS 5/18-5) 2 Sec. 18-5. Aggravated robbery. 3 (a) A person commits aggravated robbery when he or she 4 takes property from the person or presence of another by the 5 use of force or by threatening the imminent use of force 6 while indicating verbally or by his or her actions to the 7 victim that he or she is presently armed with a firearm or 8 other dangerous weapon, including a knife, club, ax, or 9 bludgeon. This offense shall be applicable even though it is 10 later determined that he or she had no firearm or other 11 dangerous weapon, including a knife, club, ax, or bludgeon in 12 his or her possession when he or she committed the robbery. 13 (b) Sentence. Aggravated robbery is a Class 1 felony. 14 (Source: P.A. 88-144; 88-670, eff. 12-2-94.) 15 Section 20. Section 12 of the Cannabis Control Act is 16 amended as follows: 17 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712) 18 Sec. 12. (a) The following are subject to forfeiture: 19 (1) all substances containing cannabis which have 20 been produced, manufactured, delivered, or possessed in 21 violation of this Act; 22 (2) all raw materials, products and equipment of 23 any kind which are produced, delivered, or possessed in 24 connection with any substance containing cannabis in 25 violation of this Act; 26 (3) all conveyances, including aircraft, vehicles 27 or vessels, which are used, or intended for use, to 28 transport, or in any manner to facilitate the 29 transportation, sale, receipt, possession, or concealment 30 of property described in paragraph (1) or (2) that 31 constitutes a felony violation of the Act, but: 32 (i) no conveyance used by any person as a SB1756 Enrolled -6- LRB9011691RCpc 1 common carrier in the transaction of business as a 2 common carrier is subject to forfeiture under this 3 Section unless it appears that the owner or other 4 person in charge of the conveyance is a consenting 5 party or privy to a violation of this Act; 6 (ii) no conveyance is subject to forfeiture 7 under this Section by reason of any act or omission 8 which the owner proves to have been committed or 9 omitted without his knowledge or consent; 10 (iii) a forfeiture of a conveyance encumbered 11 by a bona fide security interest is subject to the 12 interest of the secured party if he neither had 13 knowledge of nor consented to the act or omission; 14 (4) all money, things of value, books, records, and 15 research products and materials including formulas, 16 microfilm, tapes, and data which are used, or intended 17 for use in a felony violation of this Act; 18 (5) everything of value furnished or intended to be 19 furnished by any person in exchange for a substance in 20 violation of this Act, all proceeds traceable to such an 21 exchange, and all moneys, negotiable instruments, and 22 securities used, or intended to be used, to commit or in 23 any manner to facilitate any felony violation of this 24 Act. 25 (b) Property subject to forfeiture under this Act may be 26 seized by the Director or any peace officer upon process or 27 seizure warrant issued by any court having jurisdiction over 28 the property. Seizure by the Director or any peace officer 29 without process may be made: 30 (1) if the property subject to seizure has been the 31 subject of a prior judgment in favor of the State in a 32 criminal proceeding or in an injunction or forfeiture 33 proceeding based upon this Act or the Drug Asset 34 Forfeiture Procedure Act; SB1756 Enrolled -7- LRB9011691RCpc 1 (2) if there is probable cause to believe that the 2 property is directly or indirectly dangerous to health or 3 safety; 4 (3) if there is probable cause to believe that the 5 property is subject to forfeiture under this Act and the 6 property is seized under circumstances in which a 7 warrantless seizure or arrest would be reasonable; or 8 (4) in accordance with the Code of Criminal 9 Procedure of 1963. 10 (c) In the event of seizure pursuant to subsection (b), 11 forfeiture proceedings shall be instituted in accordance with 12 the Drug Asset Forfeiture Procedure Act. 13 (d) Property taken or detained under this Section shall 14 not be subject to replevin, but is deemed to be in the 15 custody of the Director subject only to the order and 16 judgments of the circuit court having jurisdiction over the 17 forfeiture proceedings and the decisions of the State's 18 Attorney under the Drug Asset Forfeiture Procedure Act. When 19 property is seized under this Act, the seizing agency shall 20 promptly conduct an inventory of the seized property, 21 estimate the property's value, and shall forward a copy of 22 the inventory of seized property and the estimate of the 23 property's value to the Director. Upon receiving notice of 24 seizure, the Director may: 25 (1) place the property under seal; 26 (2) remove the property to a place designated by 27 him; 28 (3) keep the property in the possession of the 29 seizing agency; 30 (4) remove the property to a storage area for 31 safekeeping or, if the property is a negotiable 32 instrument or money and is not needed for evidentiary 33 purposes, deposit it in an interest bearing account; 34 (5) place the property under constructive seizure SB1756 Enrolled -8- LRB9011691RCpc 1 by posting notice of pending forfeiture on it, by giving 2 notice of pending forfeiture to its owners and interest 3 holders, or by filing notice of pending forfeiture in any 4 appropriate public record relating to the property; or 5 (6) provide for another agency or custodian, 6 including an owner, secured party, or lienholder, to take 7 custody of the property upon the terms and conditions set 8 by the Director. 9 (e) No disposition may be made of property under seal 10 until the time for taking an appeal has elapsed or until all 11 appeals have been concluded unless a court, upon application 12 therefor, orders the sale of perishable substances and the 13 deposit of the proceeds of the sale with the court. 14 (f) When property is forfeited under this Act the 15 Director shall sell all such property unless such property is 16 required by law to be destroyed or is harmful to the public, 17 and shall distribute the proceeds of the sale, together with 18 any moneys forfeited or seized, in accordance with subsection 19 (g). However, upon the application of the seizing agency or 20 prosecutor who was responsible for the investigation, arrest 21 or arrests and prosecution which lead to the forfeiture, the 22 Director may return any item of forfeited property to the 23 seizing agency or prosecutor for official use in the 24 enforcement of laws relating to cannabis or controlled 25 substances, if the agency or prosecutor can demonstrate that 26 the item requested would be useful to the agency or 27 prosecutor in their enforcement efforts. When any real 28 property returned to the seizing agency is sold by the agency 29 or its unit of government, the proceeds of the sale shall be 30 delivered to the Director and distributed in accordance with 31 subsection (g). 32 (g) All monies and the sale proceeds of all other 33 property forfeited and seized under this Act shall be 34 distributed as follows: SB1756 Enrolled -9- LRB9011691RCpc 1 (1) 65% shall be distributed to the metropolitan 2 enforcement group, local, municipal, county, or state law 3 enforcement agency or agencies which conducted or 4 participated in the investigation resulting in the 5 forfeiture. The distribution shall bear a reasonable 6 relationship to the degree of direct participation of the 7 law enforcement agency in the effort resulting in the 8 forfeiture, taking into account the total value of the 9 property forfeited and the total law enforcement effort 10 with respect to the violation of the law upon which the 11 forfeiture is based. Amounts distributed to the agency 12 or agencies shall be used for the enforcement of laws 13 governing cannabis and controlled substances, except that 14 amounts distributed to the Secretary of State shall be 15 deposited into the Secretary of State Evidence Fund to be 16 used as provided in Section 2-115 of the Illinois Vehicle 17 Code. 18 (2)(i) 12.5% shall be distributed to the Office of 19 the State's Attorney of the county in which the 20 prosecution resulting in the forfeiture was 21 instituted, deposited in a special fund in the 22 county treasury and appropriated to the State's 23 Attorney for use in the enforcement of laws 24 governing cannabis and controlled substances. In 25 counties over 3,000,000 population, 25% will be 26 distributed to the Office of the State's Attorney 27 for use in the enforcement of laws governing 28 cannabis and controlled substances. If the 29 prosecution is undertaken solely by the Attorney 30 General, the portion provided hereunder shall be 31 distributed to the Attorney General for use in the 32 enforcement of laws governing cannabis and 33 controlled substances. 34 (ii) 12.5% shall be distributed to the Office SB1756 Enrolled -10- LRB9011691RCpc 1 of the State's Attorneys Appellate Prosecutor and 2 deposited in the Narcotics Profit Forfeiture Fund of 3 that Office to be used for additional expenses 4 incurred in the investigation, prosecution and 5 appeal of cases arising under laws governing 6 cannabis and controlled substances. The Office of 7 the State's Attorneys Appellate Prosecutor shall not 8 receive distribution from cases brought in counties 9 with over 3,000,000 population. 10 (3) 10% shall be retained by the Department of 11 State Police for expenses related to the administration 12 and sale of seized and forfeited property. 13(a) The following are subject to forfeiture:14(1) all substances containing cannabis which have15been produced, manufactured, delivered, or possessed in16violation of this Act;17(2) all raw materials, products and equipment of18any kind which are produced, delivered, or possessed in19connection with any substance containing cannabis in20violation of this Act;21(3) all conveyances, including aircraft, vehicles22or vessels, which are used, or intended for use, to23transport, or in any manner to facilitate the24transportation, sale, receipt, possession, or concealment25of property described in paragraph (1) or (2) that26constitutes a felony violation of the Act, but:27(i) no conveyance used by any person as a28common carrier in the transaction of business as a29common carrier is subject to forfeiture under this30Section unless it appears that the owner or other31person in charge of the conveyance is a consenting32party or privy to a violation of this Act;33(ii) no conveyance is subject to forfeiture34under this Section by reason of any act or omissionSB1756 Enrolled -11- LRB9011691RCpc 1which the owner proves to have been committed or2omitted without his knowledge or consent;3(iii) a forfeiture of a conveyance encumbered4by a bona fide security interest is subject to the5interest of the secured party if he neither had6knowledge of nor consented to the act or omission;7(4) all money, things of value, books, records, and8research products and materials including formulas,9microfilm, tapes, and data which are used, or intended10for use in a felony violation of this Act;11(5) everything of value furnished or intended to be12furnished by any person in exchange for a substance in13violation of this Act, all proceeds traceable to such an14exchange, and all moneys, negotiable instruments, and15securities used, or intended to be used, to commit or in16any manner to facilitate any felony violation of this17Act.18(b) Property subject to forfeiture under this Act may be19seized by the Director or any peace officer upon process or20seizure warrant issued by any court having jurisdiction over21the property. Seizure by the Director or any peace officer22without process may be made:23(1) if the property subject to seizure has been the24subject of a prior judgment in favor of the State in a25criminal proceeding or in an injunction or forfeiture26proceeding based upon this Act or the Drug Asset27Forfeiture Procedure Act;28(2) if there is probable cause to believe that the29property is directly or indirectly dangerous to health or30safety;31(3) if there is probable cause to believe that the32property is subject to forfeiture under this Act and the33property is seized under circumstances in which a34warrantless seizure or arrest would be reasonable; orSB1756 Enrolled -12- LRB9011691RCpc 1(4) in accordance with the Code of Criminal2Procedure of 1963.3(c) In the event of seizure pursuant to subsection (b),4forfeiture proceedings shall be instituted in accordance with5the Drug Asset Forfeiture Procedure Act.6(d) Property taken or detained under this Section shall7not be subject to replevin, but is deemed to be in the8custody of the Director subject only to the order and9judgments of the circuit court having jurisdiction over the10forfeiture proceedings and the decisions of the State's11Attorney under the Drug Asset Forfeiture Procedure Act. When12property is seized under this Act, the seizing agency shall13promptly conduct an inventory of the seized property,14estimate the property's value, and shall forward a copy of15the inventory of seized property and the estimate of the16property's value to the Director. Upon receiving notice of17seizure, the Director may:18(1) place the property under seal;19(2) remove the property to a place designated by20him;21(3) keep the property in the possession of the22seizing agency;23(4) remove the property to a storage area for24safekeeping or, if the property is a negotiable25instrument or money and is not needed for evidentiary26purposes, deposit it in an interest bearing account;27(5) place the property under constructive seizure28by posting notice of pending forfeiture on it, by giving29notice of pending forfeiture to its owners and interest30holders, or by filing notice of pending forfeiture in any31appropriate public record relating to the property; or32(6) provide for another agency or custodian,33including an owner, secured party, or lienholder, to take34custody of the property upon the terms and conditions setSB1756 Enrolled -13- LRB9011691RCpc 1by the Director.2(e) No disposition may be made of property under seal3until the time for taking an appeal has elapsed or until all4appeals have been concluded unless a court, upon application5therefor, orders the sale of perishable substances and the6deposit of the proceeds of the sale with the court.7(f) When property is forfeited under this Act the8Director shall sell all such property unless such property is9required by law to be destroyed or is harmful to the public,10and shall distribute the proceeds of the sale, together with11any moneys forfeited or seized, in accordance with subsection12(g). However, upon the application of the seizing agency or13prosecutor who was responsible for the investigation, arrest14or arrests and prosecution which lead to the forfeiture, the15Director may return any item of forfeited property to the16seizing agency or prosecutor for official use in the17enforcement of laws relating to cannabis or controlled18substances, if the agency or prosecutor can demonstrate that19the item requested would be useful to the agency or20prosecutor in their enforcement efforts. When any real21property returned to the seizing agency is sold by the agency22or its unit of government, the proceeds of the sale shall be23delivered to the Director and distributed in accordance with24subsection (g).25(g) All monies and the sale proceeds of all other26property forfeited and seized under this Act shall be27distributed as follows:28(1) 65% shall be distributed to the metropolitan29enforcement group, local, municipal, county, or state law30enforcement agency or agencies which conducted or31participated in the investigation resulting in the32forfeiture. The distribution shall bear a reasonable33relationship to the degree of direct participation of the34law enforcement agency in the effort resulting in theSB1756 Enrolled -14- LRB9011691RCpc 1forfeiture, taking into account the total value of the2property forfeited and the total law enforcement effort3with respect to the violation of the law upon which the4forfeiture is based. Amounts distributed to the agency5or agencies shall be used for the enforcement of laws6governing cannabis and controlled substances, except that7amounts distributed to the Secretary of State shall be8deposited into the Secretary of State Evidence Fund to be9used as provided in Section 2-115 of the Illinois Vehicle10Code.11(2)(i) 12.5% shall be distributed to the Office of12the State's Attorney of the county in which the13prosecution resulting in the forfeiture was14instituted, deposited in a special fund in the15county treasury and appropriated to the State's16Attorney for use in the enforcement of laws17governing cannabis and controlled substances. In18counties over 3,000,000 population, 25% will be19distributed to the Office of the State's Attorney20for use in the enforcement of laws governing21cannabis and controlled substances. If the22prosecution is undertaken solely by the Attorney23General, the portion provided hereunder shall be24distributed to the Attorney General for use in the25enforcement of laws governing cannabis and26controlled substances.27(ii) 12.5% shall be distributed to the Office28of the State's Attorneys Appellate Prosecutor and29deposited in the Narcotics Profit Forfeiture Fund of30that Office to be used for additional expenses31incurred in the investigation, prosecution and32appeal of cases arising under laws governing33cannabis and controlled substances. The Office of34the State's Attorneys Appellate Prosecutor shall notSB1756 Enrolled -15- LRB9011691RCpc 1receive distribution from cases brought in counties2with over 3,000,000 population.3(3) 10% shall be retained by the Department of4State Police for expenses related to the administration5and sale of seized and forfeited property.6 (Source: P.A. 89-404, eff. 8-20-95.) 7 Section 25. Sections 100, 401, 402, 405.1, and 505 of 8 the Illinois Controlled Substances Act are amended as 9 follows: 10 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100) 11 Sec. 100. Legislative intent. It is the intent of the 12 General Assembly, recognizing the rising incidence in the 13 abuse of drugs and other dangerous substances and its 14 resultant damage to the peace, health, and welfare of the 15 citizens of Illinois, to provide a system of control over the 16 distribution and use of controlled substances which will more 17 effectively: (1) limit access of such substances only to 18 those persons who have demonstrated an appropriate sense of 19 responsibility and have a lawful and legitimate reason to 20 possess them; (2) deter the unlawful and destructive abuse of 21 controlled substances; (3) penalize most heavily the illicit 22 traffickers or profiteers of controlled substances, who 23 propagate and perpetuate the abuse of such substances with 24 reckless disregard for its consumptive consequences upon 25 every element of society; (4) acknowledge the functional and 26 consequential differences between the various types of 27 controlled substances and provide for correspondingly 28 different degrees of control over each of the various types; 29 (5) unify where feasible and codify the efforts of this State 30 to conform with the regulatory systems of the Federal 31 government and other states to establish national 32 coordination of efforts to control the abuse of controlled SB1756 Enrolled -16- LRB9011691RCpc 1 substances; and (6) provide law enforcement authorities with 2 the necessary resources to make this system efficacious. 3 It is not the intent of the General Assembly to treat the 4 unlawful user or occasional petty distributor of controlled 5 substances with the same severity as the large-scale, 6 unlawful purveyors and traffickers of controlled substances. 7 However, it is recognized that persons who violate this Act 8 with respect to the manufacture, delivery, possession with 9 intent to deliver, or possession of more than one type of 10 controlled substance listed herein may accordingly receive 11 multiple convictions and sentences under each Section of this 12 Act. To this end, guidelines have been provided, along with a 13 wide latitude in sentencing discretion, to enable the 14 sentencing court to order penalties in each case which are 15 appropriate for the purposes of this Act. 16Legislative intent. It is the intent of the General17Assembly, recognizing the rising incidence in the abuse of18drugs and other dangerous substances and its resultant damage19to the peace, health, and welfare of the citizens of20Illinois, to provide a system of control over the21distribution and use of controlled substances which will more22effectively: (1) limit access of such substances only to23those persons who have demonstrated an appropriate sense of24responsibility and have a lawful and legitimate reason to25possess them; (2) deter the unlawful and destructive abuse of26controlled substances; (3) penalize most heavily the illicit27traffickers or profiteers of controlled substances, who28propagate and perpetuate the abuse of such substances with29reckless disregard for its consumptive consequences upon30every element of society; (4) acknowledge the functional and31consequential differences between the various types of32controlled substances and provide for correspondingly33different degrees of control over each of the various types;34(5) unify where feasible and codify the efforts of this stateSB1756 Enrolled -17- LRB9011691RCpc 1to conform with the regulatory systems of the Federal2government and other states to establish national3coordination of efforts to control the abuse of controlled4substances; and (6) provide law enforcement authorities with5the necessary resources to make this system efficacious.6It is not the intent of the General Assembly to treat the7unlawful user or occasional petty distributor of controlled8substances with the same severity as the large-scale,9unlawful purveyors and traffickers of controlled substances.10However, it is recognized that persons who violate this Act11with respect to the manufacture, delivery, possession with12intent to deliver, or possession of more than one type of13controlled substance listed herein may accordingly receive14multiple convictions and sentences under each Section of this15Act. To this end, guidelines have been provided, along with a16wide latitude in sentencing discretion, to enable the17sentencing court to order penalties in each case which are18appropriate for the purposes of this Act.19 (Source: P.A. 89-404, eff. 8-20-95.) 20 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401) 21 Sec. 401. Except as authorized by this Act, it is 22 unlawful for any person knowingly to manufacture or deliver, 23 or possess with intent to manufacture or deliver, a 24 controlled or counterfeit substance or controlled substance 25 analog. A violation of this Act with respect to each of the 26 controlled substances listed herein constitutes a single and 27 separate violation of this Act. For purposes of this 28 Section, "controlled substance analog" or "analog" means a 29 substance which is intended for human consumption, other than 30 a controlled substance, that has a chemical structure 31 substantially similar to that of a controlled substance in 32 Schedule I or II, or that was specifically designed to 33 produce an effect substantially similar to that of a SB1756 Enrolled -18- LRB9011691RCpc 1 controlled substance in Schedule I or II. Examples of 2 chemical classes in which controlled substance analogs are 3 found include, but are not limited to, the following: 4 phenethylamines, N-substituted piperidines, morphinans, 5 ecgonines, quinazolinones, substituted indoles, and 6 arylcycloalkylamines. For purposes of this Act, a controlled 7 substance analog shall be treated in the same manner as the 8 controlled substance to which it is substantially similar. 9 (a) Any person who violates this Section with respect to 10 the following amounts of controlled or counterfeit substances 11 or controlled substance analogs, notwithstanding any of the 12 provisions of subsections (c), (d), (e), (f), (g) or (h) to 13 the contrary, is guilty of a Class X felony and shall be 14 sentenced to a term of imprisonment as provided in this 15 subsection (a) and fined as provided in subsection (b): 16 (1) (A) not less than 6 years and not more than 30 17 years with respect to 15 grams or more but less than 18 100 grams of a substance containing heroin, or an 19 analog thereof; 20 (B) not less than 9 years and not more than 40 21 years with respect to 100 grams or more but less 22 than 400 grams of a substance containing heroin, or 23 an analog thereof; 24 (C) not less than 12 years and not more than 25 50 years with respect to 400 grams or more but less 26 than 900 grams of a substance containing heroin, or 27 an analog thereof; 28 (D) not less than 15 years and not more than 29 60 years with respect to 900 grams or more of any 30 substance containing heroin, or an analog thereof; 31 (2) (A) not less than 6 years and not more than 30 32 years with respect to 15 grams or more but less than 33 100 grams of a substance containing cocaine, or an 34 analog thereof; SB1756 Enrolled -19- LRB9011691RCpc 1 (B) not less than 9 years and not more than 40 2 years with respect to 100 grams or more but less 3 than 400 grams of a substance containing cocaine, or 4 an analog thereof; 5 (C) not less than 12 years and not more than 6 50 years with respect to 400 grams or more but less 7 than 900 grams of a substance containing cocaine, or 8 an analog thereof; 9 (D) not less than 15 years and not more than 10 60 years with respect to 900 grams or more of any 11 substance containing cocaine, or an analog thereof; 12 (3) (A) not less than 6 years and not more than 30 13 years with respect to 15 grams or more but less than 14 100 grams of a substance containing morphine, or an 15 analog thereof; 16 (B) not less than 9 years and not more than 40 17 years with respect to 100 grams or more but less 18 than 400 grams of a substance containing morphine, 19 or an analog thereof; 20 (C) not less than 12 years and not more than 21 50 years with respect to 400 grams or more but less 22 than 900 grams of a substance containing morphine, 23 or an analog thereof; 24 (D) not less than 15 years and not more than 25 60 years with respect to 900 grams or more of a 26 substance containing morphine, or an analog thereof; 27 (4) 200 grams or more of any substance containing 28 peyote, or an analog thereof; 29 (5) 200 grams or more of any substance containing a 30 derivative of barbituric acid or any of the salts of a 31 derivative of barbituric acid, or an analog thereof; 32 (6) 200 grams or more of any substance containing 33 amphetamine or methamphetamine or any salt of an optical 34 isomer of amphetamine or methamphetamine, or an analog SB1756 Enrolled -20- LRB9011691RCpc 1 thereof; 2 (7) (A) not less than 6 years and not more than 30 3 years with respect to: (i) 15 grams or more but less 4 than 100 grams of a substance containing lysergic 5 acid diethylamide (LSD), or an analog thereof, or 6 (ii) 15 or more objects or 15 or more segregated 7 parts of an object or objects but less than 200 8 objects or 200 segregated parts of an object or 9 objects containing in them or having upon them any 10 amounts of any substance containing lysergic acid 11 diethylamide (LSD), or an analog thereof; 12 (B) not less than 9 years and not more than 40 13 years with respect to: (i) 100 grams or more but 14 less than 400 grams of a substance containing 15 lysergic acid diethylamide (LSD), or an analog 16 thereof, or (ii) 200 or more objects or 200 or more 17 segregated parts of an object or objects but less 18 than 600 objects or less than 600 segregated parts 19 of an object or objects containing in them or having 20 upon them any amount of any substance containing 21 lysergic acid diethylamide (LSD), or an analog 22 thereof; 23 (C) not less than 12 years and not more than 24 50 years with respect to: (i) 400 grams or more but 25 less than 900 grams of a substance containing 26 lysergic acid diethylamide (LSD), or an analog 27 thereof, or (ii) 600 or more objects or 600 or more 28 segregated parts of an object or objects but less 29 than 1500 objects or 1500 segregated parts of an 30 object or objects containing in them or having upon 31 them any amount of any substance containing lysergic 32 acid diethylamide (LSD), or an analog thereof; 33 (D) not less than 15 years and not more than 34 60 years with respect to: (i) 900 grams or more of SB1756 Enrolled -21- LRB9011691RCpc 1 any substance containing lysergic acid diethylamide 2 (LSD), or an analog thereof, or (ii) 1500 or more 3 objects or 1500 or more segregated parts of an 4 object or objects containing in them or having upon 5 them any amount of a substance containing lysergic 6 acid diethylamide (LSD), or an analog thereof; 7 (8) 30 grams or more of any substance containing 8 pentazocine or any of the salts, isomers and salts of 9 isomers of pentazocine, or an analog thereof; 10 (9) 30 grams or more of any substance containing 11 methaqualone or any of the salts, isomers and salts of 12 isomers of methaqualone, or an analog thereof; 13 (10) 30 grams or more of any substance 14 containing phencyclidine or any of the salts, isomers 15 and salts of isomers of phencyclidine (PCP), or an 16 analog thereof; 17 (10.5) 30 grams or more of any substance containing 18 ketamine or any of the salts, isomers and salts of 19 isomers of ketamine, or an analog thereof; 20 (11) 200 grams or more of any substance containing 21 any other controlled substance classified in Schedules I 22 or II, or an analog thereof, which is not otherwise 23 included in this subsection. 24 (b) Any person sentenced with respect to violations of 25 paragraph (1), (2), (3) or (7) of subsection (a) involving 26 100 grams or more of the controlled substance named therein, 27 may in addition to the penalties provided therein, be fined 28 an amount not more than $500,000 or the full street value of 29 the controlled or counterfeit substance or controlled 30 substance analog, whichever is greater. The term "street 31 value" shall have the meaning ascribed in Section 110-5 of 32 the Code of Criminal Procedure of 1963. Any person sentenced 33 with respect to any other provision of subsection (a), may in 34 addition to the penalties provided therein, be fined an SB1756 Enrolled -22- LRB9011691RCpc 1 amount not to exceed $500,000. 2 (c) Any person who violates this Section with regard to 3 the following amounts of controlled or counterfeit substances 4 or controlled substance analogs, notwithstanding any of the 5 provisions of subsections (a), (b), (d), (e), (f), (g) or (h) 6 to the contrary, is guilty of a Class 1 felony. The fine for 7 violation of this subsection (c) shall not be more than 8 $250,000: 9 (1) 10 or more grams but less than 15 grams of any 10 substance containing heroin, or an analog thereof; 11 (2) 1 gram or more but less than 15 grams of any 12 substance containing cocaine, or an analog thereof; 13 (3) 10 grams or more but less than 15 grams of any 14 substance containing morphine, or an analog thereof; 15 (4) 50 grams or more but less than 200 grams of any 16 substance containing peyote, or an analog thereof; 17 (5) 50 grams or more but less than 200 grams of any 18 substance containing a derivative of barbituric acid or 19 any of the salts of a derivative of barbituric acid, or 20 an analog thereof; 21 (6) 50 grams or more but less than 200 grams of any 22 substance containing amphetamine or methamphetamine or 23 any salt of an optical isomer of amphetamine or 24 methamphetamine, or an analog thereof; 25 (7) (i) 5 grams or more but less than 15 grams of 26 any substance containing lysergic acid diethylamide 27 (LSD), or an analog thereof, or (ii) more than 10 objects 28 or more than 10 segregated parts of an object or objects 29 but less than 15 objects or less than 15 segregated parts 30 of an object containing in them or having upon them any 31 amount of any substance containing lysergic acid 32 diethylamide (LSD), or an analog thereof; 33 (8) 10 grams or more but less than 30 grams of any 34 substance containing pentazocine or any of the salts, SB1756 Enrolled -23- LRB9011691RCpc 1 isomers and salts of isomers of pentazocine, or an analog 2 thereof; 3 (9) 10 grams or more but less than 30 grams of any 4 substance containing methaqualone or any of the salts, 5 isomers and salts of isomers of methaqualone, or an 6 analog thereof; 7 (10) 10 grams or more but less than 30 grams of any 8 substance containing phencyclidine or any of the salts, 9 isomers and salts of isomers of phencyclidine (PCP), or 10 an analog thereof; 11 (10.5) 10 grams or more but less than 30 grams of 12 any substance containing ketamine or any of the salts, 13 isomers and salts of isomers of ketamine, or an analog 14 thereof; 15 (11) 50 grams or more but less than 200 grams of 16 any substance containing a substance classified in 17 Schedules I or II, or an analog thereof, which is not 18 otherwise included in this subsection. 19 (d) Any person who violates this Section with regard to 20 any other amount of a controlled or counterfeit substance 21 classified in Schedules I or II, or an analog thereof, which 22 is (i) a narcotic drug, or (ii) lysergic acid diethylamide 23 (LSD) or an analog thereof, is guilty of a Class 2 felony. 24 The fine for violation of this subsection (d) shall not be 25 more than $200,000. 26 (e) Any person who violates this Section with regard to 27 any other amount of a controlled or counterfeit substance 28 classified in Schedule I or II, or an analog thereof, which 29 substance is not included under subsection (d) of this 30 Section, is guilty of a Class 3 felony. The fine for 31 violation of this subsection (e) shall not be more than 32 $150,000. 33 (f) Any person who violates this Section with regard to 34 any other amount of a controlled or counterfeit substance SB1756 Enrolled -24- LRB9011691RCpc 1 classified in Schedule III is guilty of a Class 3 felony. The 2 fine for violation of this subsection (f) shall not be more 3 than $125,000. 4 (g) Any person who violates this Section with regard to 5 any other amount of a controlled or counterfeit substance 6 classified in Schedule IV is guilty of a Class 3 felony. The 7 fine for violation of this subsection (g) shall not be more 8 than $100,000. 9 (h) Any person who violates this Section with regard to 10 any other amount of a controlled or counterfeit substance 11 classified in Schedule V is guilty of a Class 3 felony. The 12 fine for violation of this subsection (h) shall not be more 13 than $75,000. 14 (i) This Section does not apply to the manufacture, 15 possession or distribution of a substance in conformance with 16 the provisions of an approved new drug application or an 17 exemption for investigational use within the meaning of 18 Section 505 of the Federal Food, Drug and Cosmetic Act. 19Except as authorized by this Act, it is unlawful for any20person knowingly to manufacture or deliver, or possess with21intent to manufacture or deliver, a controlled or counterfeit22substance or controlled substance analog. A violation of23this Act with respect to each of the controlled substances24listed herein constitutes a single and separate violation of25this Act. For purposes of this Section, "controlled26substance analog" or "analog" means a substance which is27intended for human consumption, other than a controlled28substance, that has a chemical structure substantially29similar to that of a controlled substance in Schedule I or30II, or that was specifically designed to produce an effect31substantially similar to that of a controlled substance in32Schedule I or II. Examples of chemical classes in which33controlled substance analogs are found include, but are not34limited to, the following: phenethylamines, N-substitutedSB1756 Enrolled -25- LRB9011691RCpc 1piperidines, morphinans, ecgonines, quinazolinones,2substituted indoles, and arylcycloalkylamines. For purposes3of this Act, a controlled substance analog shall be treated4in the same manner as the controlled substance to which it is5substantially similar.6(a) Any person who violates this Section with respect to7the following amounts of controlled or counterfeit substances8or controlled substance analogs, notwithstanding any of the9provisions of subsections (c), (d), (e), (f), (g) or (h) to10the contrary, is guilty of a Class X felony and shall be11sentenced to a term of imprisonment as provided in this12subsection (a) and fined as provided in subsection (b):13(1) (A) not less than 6 years and not more than 3014years with respect to 15 grams or more but less than15100 grams of a substance containing heroin, or an16analog thereof;17(B) not less than 9 years and not more than 4018years with respect to 100 grams or more but less19than 400 grams of a substance containing heroin, or20an analog thereof;21(C) not less than 12 years and not more than2250 years with respect to 400 grams or more but less23than 900 grams of a substance containing heroin, or24an analog thereof;25(D) not less than 15 years and not more than2660 years with respect to 900 grams or more of any27substance containing heroin, or an analog thereof;28(2) (A) not less than 6 years and not more than 3029years with respect to 15 grams or more but less than30100 grams of a substance containing cocaine, or an31analog thereof;32(B) not less than 9 years and not more than 4033years with respect to 100 grams or more but less34than 400 grams of a substance containing cocaine, orSB1756 Enrolled -26- LRB9011691RCpc 1an analog thereof;2(C) not less than 12 years and not more than350 years with respect to 400 grams or more but less4than 900 grams of a substance containing cocaine, or5an analog thereof;6(D) not less than 15 years and not more than760 years with respect to 900 grams or more of any8substance containing cocaine, or an analog thereof;9(3) (A) not less than 6 years and not more than 3010years with respect to 15 grams or more but less than11100 grams of a substance containing morphine, or an12analog thereof;13(B) not less than 9 years and not more than 4014years with respect to 100 grams or more but less15than 400 grams of a substance containing morphine,16or an analog thereof;17(C) not less than 12 years and not more than1850 years with respect to 400 grams or more but less19than 900 grams of a substance containing morphine,20or an analog thereof;21(D) not less than 15 years and not more than2260 years with respect to 900 grams or more of a23substance containing morphine, or an analog thereof;24(4) 200 grams or more of any substance containing25peyote, or an analog thereof;26(5) 200 grams or more of any substance containing a27derivative of barbituric acid or any of the salts of a28derivative of barbituric acid, or an analog thereof;29(6) 200 grams or more of any substance containing30amphetamine or methamphetamine or any salt of an optical31isomer of amphetamine or methamphetamine, or an analog32thereof;33(7) (A) not less than 6 years and not more than 3034years with respect to: (i) 15 grams or more but lessSB1756 Enrolled -27- LRB9011691RCpc 1than 100 grams of a substance containing lysergic2acid diethylamide (LSD), or an analog thereof, or3(ii) 15 or more objects or 15 or more segregated4parts of an object or objects but less than 2005objects or 200 segregated parts of an object or6objects containing in them or having upon them any7amounts of any substance containing lysergic acid8diethylamide (LSD), or an analog thereof;9(B) not less than 9 years and not more than 4010years with respect to: (i) 100 grams or more but11less than 400 grams of a substance containing12lysergic acid diethylamide (LSD), or an analog13thereof, or (ii) 200 or more objects or 200 or more14segregated parts of an object or objects but less15than 600 objects or less than 600 segregated parts16of an object or objects containing in them or having17upon them any amount of any substance containing18lysergic acid diethylamide (LSD), or an analog19thereof;20(C) not less than 12 years and not more than2150 years with respect to: (i) 400 grams or more but22less than 900 grams of a substance containing23lysergic acid diethylamide (LSD), or an analog24thereof, or (ii) 600 or more objects or 600 or more25segregated parts of an object or objects but less26than 1500 objects or 1500 segregated parts of an27object or objects containing in them or having upon28them any amount of any substance containing lysergic29acid diethylamide (LSD), or an analog thereof;30(D) not less than 15 years and not more than3160 years with respect to: (i) 900 grams or more of32any substance containing lysergic acid diethylamide33(LSD), or an analog thereof, or (ii) 1500 or more34objects or 1500 or more segregated parts of anSB1756 Enrolled -28- LRB9011691RCpc 1object or objects containing in them or having upon2them any amount of a substance containing lysergic3acid diethylamide (LSD), or an analog thereof;4(8) 30 grams or more of any substance containing5pentazocine or any of the salts, isomers and salts of6isomers of pentazocine, or an analog thereof;7(9) 30 grams or more of any substance containing8methaqualone or any of the salts, isomers and salts of9isomers of methaqualone, or an analog thereof;10(10) 30 grams or more of any substance11containing phencyclidine or any of the salts, isomers12and salts of isomers of phencyclidine (PCP), or an13analog thereof;14(10.5) 30 grams or more of any substance containing15ketamine or any of the salts, isomers and salts of16isomers of ketamine, or an analog thereof;17(11) 200 grams or more of any substance containing18any other controlled substance classified in Schedules I19or II, or an analog thereof, which is not otherwise20included in this subsection.21(b) Any person sentenced with respect to violations of22paragraph (1), (2), (3) or (7) of subsection (a) involving23100 grams or more of the controlled substance named therein,24may in addition to the penalties provided therein, be fined25an amount not more than $500,000 or the full street value of26the controlled or counterfeit substance or controlled27substance analog, whichever is greater. The term "street28value" shall have the meaning ascribed in Section 110-5 of29the Code of Criminal Procedure of 1963. Any person sentenced30with respect to any other provision of subsection (a), may in31addition to the penalties provided therein, be fined an32amount not to exceed $500,000.33(c) Any person who violates this Section with regard to34the following amounts of controlled or counterfeit substancesSB1756 Enrolled -29- LRB9011691RCpc 1or controlled substance analogs, notwithstanding any of the2provisions of subsections (a), (b), (d), (e), (f), (g) or (h)3to the contrary, is guilty of a Class 1 felony. The fine for4violation of this subsection (c) shall not be more than5$250,000:6(1) 10 or more grams but less than 15 grams of any7substance containing heroin, or an analog thereof;8(2) 1 gram or more but less than 15 grams of any9substance containing cocaine, or an analog thereof;10(3) 10 grams or more but less than 15 grams of any11substance containing morphine, or an analog thereof;12(4) 50 grams or more but less than 200 grams of any13substance containing peyote, or an analog thereof;14(5) 50 grams or more but less than 200 grams of any15substance containing a derivative of barbituric acid or16any of the salts of a derivative of barbituric acid, or17an analog thereof;18(6) 50 grams or more but less than 200 grams of any19substance containing amphetamine or methamphetamine or20any salt of an optical isomer of amphetamine or21methamphetamine, or an analog thereof;22(7) (i) 5 grams or more but less than 15 grams of23any substance containing lysergic acid diethylamide24(LSD), or an analog thereof, or (ii) more than 10 objects25or more than 10 segregated parts of an object or objects26but less than 15 objects or less than 15 segregated parts27of an object containing in them or having upon them any28amount of any substance containing lysergic acid29diethylamide (LSD), or an analog thereof;30(8) 10 grams or more but less than 30 grams of any31substance containing pentazocine or any of the salts,32isomers and salts of isomers of pentazocine, or an analog33thereof;34(9) 10 grams or more but less than 30 grams of anySB1756 Enrolled -30- LRB9011691RCpc 1substance containing methaqualone or any of the salts,2isomers and salts of isomers of methaqualone, or an3analog thereof;4(10) 10 grams or more but less than 30 grams of any5substance containing phencyclidine or any of the salts,6isomers and salts of isomers of phencyclidine (PCP), or7an analog thereof;8(10.5) 10 grams or more but less than 30 grams of9any substance containing ketamine or any of the salts,10isomers and salts of isomers of ketamine, or an analog11thereof;12(11) 50 grams or more but less than 200 grams of13any substance containing a substance classified in14Schedules I or II, or an analog thereof, which is not15otherwise included in this subsection.16(d) Any person who violates this Section with regard to17any other amount of a controlled or counterfeit substance18classified in Schedules I or II, or an analog thereof, which19is (i) a narcotic drug, or (ii) lysergic acid diethylamide20(LSD) or an analog thereof, is guilty of a Class 2 felony.21The fine for violation of this subsection (d) shall not be22more than $200,000.23(e) Any person who violates this Section with regard to24any other amount of a controlled or counterfeit substance25classified in Schedule I or II, or an analog thereof, which26substance is not included under subsection (d) of this27Section, is guilty of a Class 3 felony. The fine for28violation of this subsection (e) shall not be more than29$150,000.30(f) Any person who violates this Section with regard to31any other amount of a controlled or counterfeit substance32classified in Schedule III is guilty of a Class 3 felony. The33fine for violation of this subsection (f) shall not be more34than $125,000.SB1756 Enrolled -31- LRB9011691RCpc 1(g) Any person who violates this Section with regard to2any other amount of a controlled or counterfeit substance3classified in Schedule IV is guilty of a Class 3 felony. The4fine for violation of this subsection (g) shall not be more5than $100,000.6(h) Any person who violates this Section with regard to7any other amount of a controlled or counterfeit substance8classified in Schedule V is guilty of a Class 3 felony. The9fine for violation of this subsection (h) shall not be more10than $75,000.11(i) This Section does not apply to the manufacture,12possession or distribution of a substance in conformance with13the provisions of an approved new drug application or an14exemption for investigational use within the meaning of15Section 505 of the Federal Food, Drug and Cosmetic Act.16 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.) 17 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402) 18 Sec. 402. Except as otherwise authorized by this Act, it 19 is unlawful for any person knowingly to possess a controlled 20 or counterfeit substance. A violation of this Act with 21 respect to each of the controlled substances listed herein 22 constitutes a single and separate violation of this Act. 23 (a) Any person who violates this Section with respect to 24 the following controlled or counterfeit substances and 25 amounts, notwithstanding any of the provisions of subsection 26 (c) and (d) to the contrary, is guilty of a Class 1 felony 27 and shall, if sentenced to a term of imprisonment, be 28 sentenced as provided in this subsection (a) and fined as 29 provided in subsection (b): 30 (1) (A) not less than 4 years and not more than 15 31 years with respect to 15 grams or more but less than 32 100 grams of a substance containing heroin; 33 (B) not less than 6 years and not more than 30 SB1756 Enrolled -32- LRB9011691RCpc 1 years with respect to 100 grams or more but less 2 than 400 grams of a substance containing heroin; 3 (C) not less than 8 years and not more than 40 4 years with respect to 400 grams or more but less 5 than 900 grams of any substance containing heroin; 6 (D) not less than 10 years and not more than 7 50 years with respect to 900 grams or more of any 8 substance containing heroin; 9 (2) (A) not less than 4 years and not more than 15 10 years with respect to 15 grams or more but less than 11 100 grams of any substance containing cocaine; 12 (B) not less than 6 years and not more than 30 13 years with respect to 100 grams or more but less 14 than 400 grams of any substance containing cocaine; 15 (C) not less than 8 years and not more than 40 16 years with respect to 400 grams or more but less 17 than 900 grams of any substance containing cocaine; 18 (D) not less than 10 years and not more than 19 50 years with respect to 900 grams or more of any 20 substance containing cocaine; 21 (3) (A) not less than 4 years and not more than 15 22 years with respect to 15 grams or more but less than 23 100 grams of any substance containing morphine; 24 (B) not less than 6 years and not more than 30 25 years with respect to 100 grams or more but less 26 than 400 grams of any substance containing morphine; 27 (C) not less than 8 years and not more than 40 28 years with respect to 400 grams or more but less 29 than 900 grams of any substance containing morphine; 30 (D) not less than 10 years and not more than 31 50 years with respect to 900 grams or more of any 32 substance containing morphine; 33 (4) 200 grams or more of any substance containing SB1756 Enrolled -33- LRB9011691RCpc 1 peyote; 2 (5) 200 grams or more of any substance containing a 3 derivative of barbituric acid or any of the salts of a 4 derivative of barbituric acid; 5 (6) 200 grams or more of any substance containing 6 amphetamine or methamphetamine or any salt of an optical 7 isomer of amphetamine or methamphetamine; 8 (7) (A) not less than 4 years and not more than 15 9 years with respect to: (i) 15 grams or more but less 10 than 100 grams of any substance containing lysergic 11 acid diethylamide (LSD), or an analog thereof, or 12 (ii) 15 or more objects or 15 or more segregated 13 parts of an object or objects but less than 200 14 objects or 200 segregated parts of an object or 15 objects containing in them or having upon them any 16 amount of any substance containing lysergic acid 17 diethylamide (LSD), or an analog thereof; 18 (B) not less than 6 years and not more than 30 19 years with respect to: (i) 100 grams or more but 20 less than 400 grams of any substance containing 21 lysergic acid diethylamide (LSD), or an analog 22 thereof, or (ii) 200 or more objects or 200 or more 23 segregated parts of an object or objects but less 24 than 600 objects or less than 600 segregated parts 25 of an object or objects containing in them or having 26 upon them any amount of any substance containing 27 lysergic acid diethylamide (LSD), or an analog 28 thereof; 29 (C) not less than 8 years and not more than 40 30 years with respect to: (i) 400 grams or more but 31 less than 900 grams of any substance containing 32 lysergic acid diethylamide (LSD), or an analog 33 thereof, or (ii) 600 or more objects or 600 or more 34 segregated parts of an object or objects but less SB1756 Enrolled -34- LRB9011691RCpc 1 than 1500 objects or 1500 segregated parts of an 2 object or objects containing in them or having upon 3 them any amount of any substance containing lysergic 4 acid diethylamide (LSD), or an analog thereof; 5 (D) not less than 10 years and not more than 6 50 years with respect to: (i) 900 grams or more of 7 any substance containing lysergic acid diethylamide 8 (LSD), or an analog thereof, or (ii) 1500 or more 9 objects or 1500 or more segregated parts of an 10 object or objects containing in them or having upon 11 them any amount of a substance containing lysergic 12 acid diethylamide (LSD), or an analog thereof; 13 (8) 30 grams or more of any substance containing 14 pentazocine or any of the salts, isomers and salts of 15 isomers of pentazocine, or an analog thereof; 16 (9) 30 grams or more of any substance containing 17 methaqualone or any of the salts, isomers and salts of 18 isomers of methaqualone; 19 (10) 30 grams or more of any substance containing 20 phencyclidine or any of the salts, isomers and salts of 21 isomers of phencyclidine (PCP); 22 (10.5) 30 grams or more of any substance containing 23 ketamine or any of the salts, isomers and salts of 24 isomers of ketamine; 25 (11) 200 grams or more of any substance containing 26 any substance classified as a narcotic drug in Schedules 27 I or II which is not otherwise included in this 28 subsection. 29 (b) Any person sentenced with respect to violations of 30 paragraph (1), (2), (3) or (7) of subsection (a) involving 31 100 grams or more of the controlled substance named therein, 32 may in addition to the penalties provided therein, be fined 33 an amount not to exceed $200,000 or the full street value of 34 the controlled or counterfeit substances, whichever is SB1756 Enrolled -35- LRB9011691RCpc 1 greater. The term "street value" shall have the meaning 2 ascribed in Section 110-5 of the Code of Criminal Procedure 3 of 1963. Any person sentenced with respect to any other 4 provision of subsection (a), may in addition to the penalties 5 provided therein, be fined an amount not to exceed $200,000. 6 (c) Any person who violates this Section with regard to 7 an amount of a controlled or counterfeit substance not set 8 forth in subsection (a) or (d) is guilty of a Class 4 felony. 9 The fine for a violation punishable under this subsection (c) 10 shall not be more than $25,000. 11 (d) Any person who violates this Section with regard to 12 any amount of anabolic steroid is guilty of a Class C 13 misdemeanor for the first offense and a Class B misdemeanor 14 for a subsequent offense committed within 2 years of a prior 15 conviction. 16Except as otherwise authorized by this Act, it is17unlawful for any person knowingly to possess a controlled or18counterfeit substance. A violation of this Act with respect19to each of the controlled substances listed herein20constitutes a single and separate violation of this Act.21(a) Any person who violates this Section with respect to22the following controlled or counterfeit substances and23amounts, notwithstanding any of the provisions of subsection24(c) and (d) to the contrary, is guilty of a Class 1 felony25and shall, if sentenced to a term of imprisonment, be26sentenced as provided in this subsection (a) and fined as27provided in subsection (b):28(1) (A) not less than 4 years and not more than 1529years with respect to 15 grams or more but less than30100 grams of a substance containing heroin;31(B) not less than 6 years and not more than 3032years with respect to 100 grams or more but less33than 400 grams of a substance containing heroin;34(C) not less than 8 years and not more than 40SB1756 Enrolled -36- LRB9011691RCpc 1years with respect to 400 grams or more but less2than 900 grams of any substance containing heroin;3(D) not less than 10 years and not more than450 years with respect to 900 grams or more of any5substance containing heroin;6(2) (A) not less than 4 years and not more than 157years with respect to 15 grams or more but less than8100 grams of any substance containing cocaine;9(B) not less than 6 years and not more than 3010years with respect to 100 grams or more but less11than 400 grams of any substance containing cocaine;12(C) not less than 8 years and not more than 4013years with respect to 400 grams or more but less14than 900 grams of any substance containing cocaine;15(D) not less than 10 years and not more than1650 years with respect to 900 grams or more of any17substance containing cocaine;18(3) (A) not less than 4 years and not more than 1519years with respect to 15 grams or more but less than20100 grams of any substance containing morphine;21(B) not less than 6 years and not more than 3022years with respect to 100 grams or more but less23than 400 grams of any substance containing morphine;24(C) not less than 8 years and not more than 4025years with respect to 400 grams or more but less26than 900 grams of any substance containing morphine;27(D) not less than 10 years and not more than2850 years with respect to 900 grams or more of any29substance containing morphine;30(4) 200 grams or more of any substance containing31peyote;32(5) 200 grams or more of any substance containing a33derivative of barbituric acid or any of the salts of aSB1756 Enrolled -37- LRB9011691RCpc 1derivative of barbituric acid;2(6) 200 grams or more of any substance containing3amphetamine or methamphetamine or any salt of an optical4isomer of amphetamine or methamphetamine;5(7) (A) not less than 4 years and not more than 156years with respect to: (i) 15 grams or more but less7than 100 grams of any substance containing lysergic8acid diethylamide (LSD), or an analog thereof, or9(ii) 15 or more objects or 15 or more segregated10parts of an object or objects but less than 20011objects or 200 segregated parts of an object or12objects containing in them or having upon them any13amount of any substance containing lysergic acid14diethylamide (LSD), or an analog thereof;15(B) not less than 6 years and not more than 3016years with respect to: (i) 100 grams or more but17less than 400 grams of any substance containing18lysergic acid diethylamide (LSD), or an analog19thereof, or (ii) 200 or more objects or 200 or more20segregated parts of an object or objects but less21than 600 objects or less than 600 segregated parts22of an object or objects containing in them or having23upon them any amount of any substance containing24lysergic acid diethylamide (LSD), or an analog25thereof;26(C) not less than 8 years and not more than 4027years with respect to: (i) 400 grams or more but28less than 900 grams of any substance containing29lysergic acid diethylamide (LSD), or an analog30thereof, or (ii) 600 or more objects or 600 or more31segregated parts of an object or objects but less32than 1500 objects or 1500 segregated parts of an33object or objects containing in them or having upon34them any amount of any substance containing lysergicSB1756 Enrolled -38- LRB9011691RCpc 1acid diethylamide (LSD), or an analog thereof;2(D) not less than 10 years and not more than350 years with respect to: (i) 900 grams or more of4any substance containing lysergic acid diethylamide5(LSD), or an analog thereof, or (ii) 1500 or more6objects or 1500 or more segregated parts of an7object or objects containing in them or having upon8them any amount of a substance containing lysergic9acid diethylamide (LSD), or an analog thereof;10(8) 30 grams or more of any substance containing11pentazocine or any of the salts, isomers and salts of12isomers of pentazocine, or an analog thereof;13(9) 30 grams or more of any substance containing14methaqualone or any of the salts, isomers and salts of15isomers of methaqualone;16(10) 30 grams or more of any substance containing17phencyclidine or any of the salts, isomers and salts of18isomers of phencyclidine (PCP);19(10.5) 30 grams or more of any substance containing20ketamine or any of the salts, isomers and salts of21isomers of ketamine;22(11) 200 grams or more of any substance containing23any substance classified as a narcotic drug in Schedules24I or II which is not otherwise included in this25subsection.26(b) Any person sentenced with respect to violations of27paragraph (1), (2), (3) or (7) of subsection (a) involving28100 grams or more of the controlled substance named therein,29may in addition to the penalties provided therein, be fined30an amount not to exceed $200,000 or the full street value of31the controlled or counterfeit substances, whichever is32greater. The term "street value" shall have the meaning33ascribed in Section 110-5 of the Code of Criminal Procedure34of 1963. Any person sentenced with respect to any otherSB1756 Enrolled -39- LRB9011691RCpc 1provision of subsection (a), may in addition to the penalties2provided therein, be fined an amount not to exceed $200,000.3(c) Any person who violates this Section with regard to4an amount of a controlled or counterfeit substance not set5forth in subsection (a) or (d) is guilty of a Class 4 felony.6The fine for a violation punishable under this subsection (c)7shall not be more than $25,000.8(d) Any person who violates this Section with regard to9any amount of anabolic steroid is guilty of a Class C10misdemeanor for the first offense and a Class B misdemeanor11for a subsequent offense committed within 2 years of a prior12conviction.13 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97; 14 90-384, eff. 1-1-98; revised 11-13-97.) 15 (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1) 16 Sec. 405.1. (a) Elements of the offense. A person 17 commits criminal drug conspiracy when, with the intent that 18 an offense set forth in Section 401, Section 402, or Section 19 407 of this Act be committed, he agrees with another to the 20 commission of that offense. No person may be convicted of 21 conspiracy to commit such an offense unless an act in 22 furtherance of such agreement is alleged and proved to have 23 been committed by him or by a co-conspirator. 24 (b) Co-conspirators. It shall not be a defense to 25 conspiracy that the person or persons with whom the accused 26 is alleged to have conspired: 27 (1) Has not been prosecuted or convicted, or 28 (2) Has been convicted of a different offense, or 29 (3) Is not amenable to justice, or 30 (4) Has been acquitted, or 31 (5) Lacked the capacity to commit an offense. 32 (c) Sentence. A person convicted of criminal drug 33 conspiracy may be fined or imprisoned or both, but any term SB1756 Enrolled -40- LRB9011691RCpc 1 of imprisonment imposed shall be not less than the minimum 2 nor more than the maximum provided for the offense which is 3 the object of the conspiracy. 4(a) Elements of the offense. A person commits criminal5drug conspiracy when, with the intent that an offense set6forth in Section 401, Section 402, or Section 407 of this Act7be committed, he agrees with another to the commission of8that offense. No person may be convicted of conspiracy to9commit such an offense unless an act in furtherance of such10agreement is alleged and proved to have been committed by him11or by a co-conspirator.12(b) Co-conspirators. It shall not be a defense to13conspiracy that the person or persons with whom the accused14is alleged to have conspired:15(1) Has not been prosecuted or convicted, or16(2) Has been convicted of a different offense, or17(3) Is not amenable to justice, or18(4) Has been acquitted, or19(5) Lacked the capacity to commit an offense.20(c) Sentence. A person convicted of criminal drug21conspiracy may be fined or imprisoned or both, but any term22of imprisonment imposed shall be not less than the minimum23nor more than the maximum provided for the offense which is24the object of the conspiracy.25 (Source: P.A. 89-404, eff. 8-20-95.) 26 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505) 27 Sec. 505. (a) The following are subject to forfeiture: 28 (1) all substances which have been manufactured, 29 distributed, dispensed, or possessed in violation of this 30 Act; 31 (2) all raw materials, products and equipment of 32 any kind which are used, or intended for use in 33 manufacturing, distributing, dispensing, administering or SB1756 Enrolled -41- LRB9011691RCpc 1 possessing any substance in violation of this Act; 2 (3) all conveyances, including aircraft, vehicles 3 or vessels, which are used, or intended for use, to 4 transport, or in any manner to facilitate the 5 transportation, sale, receipt, possession, or concealment 6 of property described in paragraphs (1) and (2), but: 7 (i) no conveyance used by any person as a 8 common carrier in the transaction of business as a 9 common carrier is subject to forfeiture under this 10 Section unless it appears that the owner or other 11 person in charge of the conveyance is a consenting 12 party or privy to a violation of this Act; 13 (ii) no conveyance is subject to forfeiture 14 under this Section by reason of any act or omission 15 which the owner proves to have been committed or 16 omitted without his knowledge or consent; 17 (iii) a forfeiture of a conveyance encumbered 18 by a bona fide security interest is subject to the 19 interest of the secured party if he neither had 20 knowledge of nor consented to the act or omission; 21 (4) all money, things of value, books, records, and 22 research products and materials including formulas, 23 microfilm, tapes, and data which are used, or intended to 24 be used in violation of this Act; 25 (5) everything of value furnished, or intended to 26 be furnished, in exchange for a substance in violation of 27 this Act, all proceeds traceable to such an exchange, and 28 all moneys, negotiable instruments, and securities used, 29 or intended to be used, to commit or in any manner to 30 facilitate any violation of this Act; 31 (6) all real property, including any right, title, 32 and interest (including, but not limited to, any 33 leasehold interest or the beneficial interest in a land 34 trust) in the whole of any lot or tract of land and any SB1756 Enrolled -42- LRB9011691RCpc 1 appurtenances or improvements, which is used or intended 2 to be used, in any manner or part, to commit, or in any 3 manner to facilitate the commission of, any violation or 4 act that constitutes a violation of Section 401 or 405 of 5 this Act or that is the proceeds of any violation or act 6 that constitutes a violation of Section 401 or 405 of 7 this Act. 8 (b) Property subject to forfeiture under this Act may be 9 seized by the Director or any peace officer upon process or 10 seizure warrant issued by any court having jurisdiction over 11 the property. Seizure by the Director or any peace officer 12 without process may be made: 13 (1) if the seizure is incident to inspection under 14 an administrative inspection warrant; 15 (2) if the property subject to seizure has been the 16 subject of a prior judgment in favor of the State in a 17 criminal proceeding, or in an injunction or forfeiture 18 proceeding based upon this Act or the Drug Asset 19 Forfeiture Procedure Act; 20 (3) if there is probable cause to believe that the 21 property is directly or indirectly dangerous to health or 22 safety; 23 (4) if there is probable cause to believe that the 24 property is subject to forfeiture under this Act and the 25 property is seized under circumstances in which a 26 warrantless seizure or arrest would be reasonable; or 27 (5) in accordance with the Code of Criminal 28 Procedure of 1963. 29 (c) In the event of seizure pursuant to subsection (b), 30 forfeiture proceedings shall be instituted in accordance with 31 the Drug Asset Forfeiture Procedure Act. 32 (d) Property taken or detained under this Section shall 33 not be subject to replevin, but is deemed to be in the 34 custody of the Director subject only to the order and SB1756 Enrolled -43- LRB9011691RCpc 1 judgments of the circuit court having jurisdiction over the 2 forfeiture proceedings and the decisions of the State's 3 Attorney under the Drug Asset Forfeiture Procedure Act. When 4 property is seized under this Act, the seizing agency shall 5 promptly conduct an inventory of the seized property and 6 estimate the property's value, and shall forward a copy of 7 the inventory of seized property and the estimate of the 8 property's value to the Director. Upon receiving notice of 9 seizure, the Director may: 10 (1) place the property under seal; 11 (2) remove the property to a place designated by 12 the Director; 13 (3) keep the property in the possession of the 14 seizing agency; 15 (4) remove the property to a storage area for 16 safekeeping or, if the property is a negotiable 17 instrument or money and is not needed for evidentiary 18 purposes, deposit it in an interest bearing account; 19 (5) place the property under constructive seizure 20 by posting notice of pending forfeiture on it, by giving 21 notice of pending forfeiture to its owners and interest 22 holders, or by filing notice of pending forfeiture in any 23 appropriate public record relating to the property; or 24 (6) provide for another agency or custodian, 25 including an owner, secured party, or lienholder, to take 26 custody of the property upon the terms and conditions set 27 by the Director. 28 (e) If the Department of Professional Regulation 29 suspends or revokes a registration, all controlled substances 30 owned or possessed by the registrant at the time of 31 suspension or the effective date of the revocation order may 32 be placed under seal. No disposition may be made of 33 substances under seal until the time for taking an appeal has 34 elapsed or until all appeals have been concluded unless a SB1756 Enrolled -44- LRB9011691RCpc 1 court, upon application therefor, orders the sale of 2 perishable substances and the deposit of the proceeds of the 3 sale with the court. Upon a revocation rule becoming final, 4 all substances may be forfeited to the Department of 5 Professional Regulation. 6 (f) When property is forfeited under this Act the 7 Director shall sell all such property unless such property is 8 required by law to be destroyed or is harmful to the public, 9 and shall distribute the proceeds of the sale, together with 10 any moneys forfeited or seized, in accordance with subsection 11 (g). However, upon the application of the seizing agency or 12 prosecutor who was responsible for the investigation, arrest 13 or arrests and prosecution which lead to the forfeiture, the 14 Director may return any item of forfeited property to the 15 seizing agency or prosecutor for official use in the 16 enforcement of laws relating to cannabis or controlled 17 substances, if the agency or prosecutor can demonstrate that 18 the item requested would be useful to the agency or 19 prosecutor in their enforcement efforts. When any real 20 property returned to the seizing agency is sold by the agency 21 or its unit of government, the proceeds of the sale shall be 22 delivered to the Director and distributed in accordance with 23 subsection (g). 24 (g) All monies and the sale proceeds of all other 25 property forfeited and seized under this Act shall be 26 distributed as follows: 27 (1) 65% shall be distributed to the metropolitan 28 enforcement group, local, municipal, county, or state law 29 enforcement agency or agencies which conducted or 30 participated in the investigation resulting in the 31 forfeiture. The distribution shall bear a reasonable 32 relationship to the degree of direct participation of the 33 law enforcement agency in the effort resulting in the 34 forfeiture, taking into account the total value of the SB1756 Enrolled -45- LRB9011691RCpc 1 property forfeited and the total law enforcement effort 2 with respect to the violation of the law upon which the 3 forfeiture is based. Amounts distributed to the agency or 4 agencies shall be used for the enforcement of laws 5 governing cannabis and controlled substances, except that 6 amounts distributed to the Secretary of State shall be 7 deposited into the Secretary of State Evidence Fund to be 8 used as provided in Section 2-115 of the Illinois Vehicle 9 Code. 10 (2)(i) 12.5% shall be distributed to the Office of 11 the State's Attorney of the county in which the 12 prosecution resulting in the forfeiture was instituted, 13 deposited in a special fund in the county treasury and 14 appropriated to the State's Attorney for use in the 15 enforcement of laws governing cannabis and controlled 16 substances. In counties over 3,000,000 population, 25% 17 will be distributed to the Office of the State's Attorney 18 for use in the enforcement of laws governing cannabis and 19 controlled substances. If the prosecution is undertaken 20 solely by the Attorney General, the portion provided 21 hereunder shall be distributed to the Attorney General 22 for use in the enforcement of laws governing cannabis and 23 controlled substances. 24 (ii) 12.5% shall be distributed to the Office of 25 the State's Attorneys Appellate Prosecutor and deposited 26 in the Narcotics Profit Forfeiture Fund of that office to 27 be used for additional expenses incurred in the 28 investigation, prosecution and appeal of cases arising 29 under laws governing cannabis and controlled substances. 30 The Office of the State's Attorneys Appellate Prosecutor 31 shall not receive distribution from cases brought in 32 counties with over 3,000,000 population. 33 (3) 10% shall be retained by the Department of 34 State Police for expenses related to the administration SB1756 Enrolled -46- LRB9011691RCpc 1 and sale of seized and forfeited property. 2 (h) Species of plants from which controlled substances 3 in Schedules I and II may be derived which have been planted 4 or cultivated in violation of this Act, or of which the 5 owners or cultivators are unknown, or which are wild growths, 6 may be seized and summarily forfeited to the State. The 7 failure, upon demand by the Director or any peace officer, of 8 the person in occupancy or in control of land or premises 9 upon which the species of plants are growing or being stored, 10 to produce registration, or proof that he is the holder 11 thereof, constitutes authority for the seizure and forfeiture 12 of the plants. 13(a) The following are subject to forfeiture:14(1) all substances which have been manufactured,15distributed, dispensed, or possessed in violation of this16Act;17(2) all raw materials, products and equipment of18any kind which are used, or intended for use in19manufacturing, distributing, dispensing, administering or20possessing any substance in violation of this Act;21(3) all conveyances, including aircraft, vehicles22or vessels, which are used, or intended for use, to23transport, or in any manner to facilitate the24transportation, sale, receipt, possession, or concealment25of property described in paragraphs (1) and (2), but:26(i) no conveyance used by any person as a27common carrier in the transaction of business as a28common carrier is subject to forfeiture under this29Section unless it appears that the owner or other30person in charge of the conveyance is a consenting31party or privy to a violation of this Act;32(ii) no conveyance is subject to forfeiture33under this Section by reason of any act or omission34which the owner proves to have been committed orSB1756 Enrolled -47- LRB9011691RCpc 1omitted without his knowledge or consent;2(iii) a forfeiture of a conveyance encumbered3by a bona fide security interest is subject to the4interest of the secured party if he neither had5knowledge of nor consented to the act or omission;6(4) all money, things of value, books, records, and7research products and materials including formulas,8microfilm, tapes, and data which are used, or intended to9be used in violation of this Act;10(5) everything of value furnished, or intended to11be furnished, in exchange for a substance in violation of12this Act, all proceeds traceable to such an exchange, and13all moneys, negotiable instruments, and securities used,14or intended to be used, to commit or in any manner to15facilitate any violation of this Act;16(6) all real property, including any right, title,17and interest (including, but not limited to, any18leasehold interest or the beneficial interest in a land19trust) in the whole of any lot or tract of land and any20appurtenances or improvements, which is used or intended21to be used, in any manner or part, to commit, or in any22manner to facilitate the commission of, any violation or23act that constitutes a violation of Section 401 or 405 of24this Act or that is the proceeds of any violation or act25that constitutes a violation of Section 401 or 405 of26this Act.27(b) Property subject to forfeiture under this Act may be28seized by the Director or any peace officer upon process or29seizure warrant issued by any court having jurisdiction over30the property. Seizure by the Director or any peace officer31without process may be made:32(1) if the seizure is incident to inspection under33an administrative inspection warrant;34(2) if the property subject to seizure has been theSB1756 Enrolled -48- LRB9011691RCpc 1subject of a prior judgment in favor of the State in a2criminal proceeding, or in an injunction or forfeiture3proceeding based upon this Act or the Drug Asset4Forfeiture Procedure Act;5(3) if there is probable cause to believe that the6property is directly or indirectly dangerous to health or7safety;8(4) if there is probable cause to believe that the9property is subject to forfeiture under this Act and the10property is seized under circumstances in which a11warrantless seizure or arrest would be reasonable; or12(5) in accordance with the Code of Criminal13Procedure of 1963.14(c) In the event of seizure pursuant to subsection (b),15forfeiture proceedings shall be instituted in accordance with16the Drug Asset Forfeiture Procedure Act.17(d) Property taken or detained under this Section shall18not be subject to replevin, but is deemed to be in the19custody of the Director subject only to the order and20judgments of the circuit court having jurisdiction over the21forfeiture proceedings and the decisions of the State's22Attorney under the Drug Asset Forfeiture Procedure Act. When23property is seized under this Act, the seizing agency shall24promptly conduct an inventory of the seized property and25estimate the property's value, and shall forward a copy of26the inventory of seized property and the estimate of the27property's value to the Director. Upon receiving notice of28seizure, the Director may:29(1) place the property under seal;30(2) remove the property to a place designated by31the Director;32(3) keep the property in the possession of the33seizing agency;34(4) remove the property to a storage area forSB1756 Enrolled -49- LRB9011691RCpc 1safekeeping or, if the property is a negotiable2instrument or money and is not needed for evidentiary3purposes, deposit it in an interest bearing account;4(5) place the property under constructive seizure5by posting notice of pending forfeiture on it, by giving6notice of pending forfeiture to its owners and interest7holders, or by filing notice of pending forfeiture in any8appropriate public record relating to the property; or9(6) provide for another agency or custodian,10including an owner, secured party, or lienholder, to take11custody of the property upon the terms and conditions set12by the Director.13(e) If the Department of Professional Regulation14suspends or revokes a registration, all controlled substances15owned or possessed by the registrant at the time of16suspension or the effective date of the revocation order may17be placed under seal. No disposition may be made of18substances under seal until the time for taking an appeal has19elapsed or until all appeals have been concluded unless a20court, upon application therefor, orders the sale of21perishable substances and the deposit of the proceeds of the22sale with the court. Upon a revocation rule becoming final,23all substances may be forfeited to the Department of24Professional Regulation.25(f) When property is forfeited under this Act the26Director shall sell all such property unless such property is27required by law to be destroyed or is harmful to the public,28and shall distribute the proceeds of the sale, together with29any moneys forfeited or seized, in accordance with subsection30(g). However, upon the application of the seizing agency or31prosecutor who was responsible for the investigation, arrest32or arrests and prosecution which lead to the forfeiture, the33Director may return any item of forfeited property to the34seizing agency or prosecutor for official use in theSB1756 Enrolled -50- LRB9011691RCpc 1enforcement of laws relating to cannabis or controlled2substances, if the agency or prosecutor can demonstrate that3the item requested would be useful to the agency or4prosecutor in their enforcement efforts. When any real5property returned to the seizing agency is sold by the agency6or its unit of government, the proceeds of the sale shall be7delivered to the Director and distributed in accordance with8subsection (g).9(g) All monies and the sale proceeds of all other10property forfeited and seized under this Act shall be11distributed as follows:12(1) 65% shall be distributed to the metropolitan13enforcement group, local, municipal, county, or state law14enforcement agency or agencies which conducted or15participated in the investigation resulting in the16forfeiture. The distribution shall bear a reasonable17relationship to the degree of direct participation of the18law enforcement agency in the effort resulting in the19forfeiture, taking into account the total value of the20property forfeited and the total law enforcement effort21with respect to the violation of the law upon which the22forfeiture is based. Amounts distributed to the agency or23agencies shall be used for the enforcement of laws24governing cannabis and controlled substances, except that25amounts distributed to the Secretary of State shall be26deposited into the Secretary of State Evidence Fund to be27used as provided in Section 2-115 of the Illinois Vehicle28Code.29(2)(i) 12.5% shall be distributed to the Office of30the State's Attorney of the county in which the31prosecution resulting in the forfeiture was instituted,32deposited in a special fund in the county treasury and33appropriated to the State's Attorney for use in the34enforcement of laws governing cannabis and controlledSB1756 Enrolled -51- LRB9011691RCpc 1substances. In counties over 3,000,000 population, 25%2will be distributed to the Office of the State's Attorney3for use in the enforcement of laws governing cannabis and4controlled substances. If the prosecution is undertaken5solely by the Attorney General, the portion provided6hereunder shall be distributed to the Attorney General7for use in the enforcement of laws governing cannabis and8controlled substances.9(ii) 12.5% shall be distributed to the Office of10the State's Attorneys Appellate Prosecutor and deposited11in the Narcotics Profit Forfeiture Fund of that office to12be used for additional expenses incurred in the13investigation, prosecution and appeal of cases arising14under laws governing cannabis and controlled substances.15The Office of the State's Attorneys Appellate Prosecutor16shall not receive distribution from cases brought in17counties with over 3,000,000 population.18(3) 10% shall be retained by the Department of19State Police for expenses related to the administration20and sale of seized and forfeited property.21(h) Species of plants from which controlled substances22in Schedules I and II may be derived which have been planted23or cultivated in violation of this Act, or of which the24owners or cultivators are unknown, or which are wild growths,25may be seized and summarily forfeited to the State. The26failure, upon demand by the Director or any peace officer, of27the person in occupancy or in control of land or premises28upon which the species of plants are growing or being stored,29to produce registration, or proof that he is the holder30thereof, constitutes authority for the seizure and forfeiture31of the plants.32 (Source: P.A. 88-517; 89-404, eff. 8-20-95.) 33 Section 30. Section 107-4 of the Code of Criminal SB1756 Enrolled -52- LRB9011691RCpc 1 Procedure of 1963 is amended as follows: 2 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4) 3 Sec. 107-4. Arrest by peace officer from other 4 jurisdiction. 5 (a) As used in this Section: 6 (1) "State" means any state of the United States 7 and the District of Columbia. 8 (2) "Peace Officer" means any peace officer or 9 member of any duly organized State, County, or Municipal 10 peace unit or police force of another state. 11 (3) "Fresh pursuit" means the immediate pursuit of 12 a person who is endeavoring to avoid arrest. 13 (4) "Law enforcement agency" means a municipal 14 police department or county sheriff's office of this 15 State. 16 (a-3) Any peace officer employed by a law enforcement 17 agency of this State may conduct temporary questioning 18 pursuant to Section 107-14 of this Code and may make arrests 19 in any jurisdiction within this State if: (1) the officer is 20 engaged in the investigation of an offense that occurred in 21 the officer's primary jurisdiction and the temporary 22 questioning is conducted or the arrest is made pursuant to 23 that investigation; or (2) the officer, while on duty as a 24 peace officer, becomes personally aware of the immediate 25 commission of a felony or misdemeanor violation of the laws 26 of this State. While acting pursuant to this subsection, an 27 officer has the same authority as within his or her own 28 jurisdiction. 29 (a-7) The law enforcement agency of the county or 30 municipality in which any arrest is made under this Section 31 shall be immediately notified of the arrest. 32 (b) Any peace officer of another state who enters this 33 State in fresh pursuit and continues within this State in SB1756 Enrolled -53- LRB9011691RCpc 1 fresh pursuit of a person in order to arrest him on the 2 ground that he has committed an offense in the other state 3 has the same authority to arrest and hold the person in 4 custody as peace officers of this State have to arrest and 5 hold a person in custody on the ground that he has committed 6 an offense in this State. 7 (c) If an arrest is made in this State by a peace 8 officer of another state in accordance with the provisions of 9 this Section he shall without unnecessary delay take the 10 person arrested before the circuit court of the county in 11 which the arrest was made. Such court shall conduct a hearing 12 for the purpose of determining the lawfulness of the arrest. 13 If the court determines that the arrest was lawful it shall 14 commit the person arrested, to await for a reasonable time 15 the issuance of an extradition warrant by the Governor of 16 this State, or admit him to bail for such purpose. If the 17 court determines that the arrest was unlawful it shall 18 discharge the person arrested. 19Arrest by peace officer from other jurisdiction.20(a) As used in this Section:21(1) "State" means any State of the United States22and the District of Columbia.23(2) "Peace Officer" means any peace officer or24member of any duly organized State, County, or Municipal25peace unit or police force of another State.26(3) "Fresh pursuit" means the immediate pursuit of27a person who is endeavoring to avoid arrest.28(4) "Law enforcement agency" means a municipal29police department or county sheriff's office of this30State.31(a-3) Any peace officer employed by a law enforcement32agency of this State may conduct temporary questioning33pursuant to Section 107-14 of this Code and may make arrests34in any jurisdiction within this State if: (1) the officer isSB1756 Enrolled -54- LRB9011691RCpc 1engaged in the investigation of an offense that occurred in2the officer's primary jurisdiction and the temporary3questioning is conducted or the arrest is made pursuant to4that investigation; or (2) the officer, while on duty as a5peace officer, becomes personally aware of the immediate6commission of a felony or misdemeanor violation of the laws7of this State. While acting pursuant to this subsection, an8officer has the same authority as within his or her own9jurisdiction.10(a-7) The law enforcement agency of the county or11municipality in which any arrest is made under this Section12shall be immediately notified of the arrest.13(b) Any peace officer of another State who enters this14State in fresh pursuit and continues within this State in15fresh pursuit of a person in order to arrest him on the16ground that he has committed an offense in the other State17has the same authority to arrest and hold the person in18custody as peace officers of this State have to arrest and19hold a person in custody on the ground that he has committed20an offense in this State.21(c) If an arrest is made in this State by a peace22officer of another State in accordance with the provisions of23this Section he shall without unnecessary delay take the24person arrested before the circuit court of the county in25which the arrest was made. Such court shall conduct a hearing26for the purpose of determining the lawfulness of the arrest.27If the court determines that the arrest was lawful it shall28commit the person arrested, to await for a reasonable time29the issuance of an extradition warrant by the Governor of30this State, or admit him to bail for such purpose. If the31court determines that the arrest was unlawful it shall32discharge the person arrested.33 (Source: P.A. 89-404, eff. 8-20-95.) SB1756 Enrolled -55- LRB9011691RCpc 1 Section 35. Section 9 of the Drug Asset Forfeiture 2 Procedure Act is amended as follows: 3 (725 ILCS 150/9) (from Ch. 56 1/2, par. 1679) 4 Sec. 9. Judicial in rem procedures. If property seized 5 under the provisions of the Illinois Controlled Substances 6 Act or the Cannabis Control Act is non-real property that 7 exceeds $20,000 in value excluding the value of any 8 conveyance, or is real property, or a claimant has filed a 9 claim and a cost bond under subsection (C) of Section 6 of 10 this Act, the following judicial in rem procedures shall 11 apply: 12 (A) If, after a review of the facts surrounding the 13 seizure, the State's Attorney is of the opinion that the 14 seized property is subject to forfeiture, then within 45 days 15 of the receipt of notice of seizure by the seizing agency or 16 the filing of the claim and cost bond, whichever is later, 17 the State's Attorney shall institute judicial forfeiture 18 proceedings by filing a verified complaint for forfeiture 19 and, if the claimant has filed a claim and cost bond, by 20 depositing the cost bond with the clerk of the court. When 21 authorized by law, a forfeiture must be ordered by a court on 22 an action in rem brought by a State's Attorney under a 23 verified complaint for forfeiture. 24 (B) During the probable cause portion of the judicial in 25 rem proceeding wherein the State presents its case-in-chief, 26 the court must receive and consider, among other things, all 27 relevant hearsay evidence and information. The laws of 28 evidence relating to civil actions shall apply to all other 29 portions of the judicial in rem proceeding. 30 (C) Only an owner of or interest holder in the property 31 may file an answer asserting a claim against the property in 32 the action in rem. For purposes of this Section, the owner 33 or interest holder shall be referred to as claimant. SB1756 Enrolled -56- LRB9011691RCpc 1 (D) The answer must be signed by the owner or interest 2 holder under penalty of perjury and must set forth: 3 (i) the caption of the proceedings as set forth on 4 the notice of pending forfeiture and the name of the 5 claimant; 6 (ii) the address at which the claimant will accept 7 mail; 8 (iii) the nature and extent of the claimant's 9 interest in the property; 10 (iv) the date, identity of transferor, and 11 circumstances of the claimant's acquisition of the 12 interest in the property; 13 (v) the name and address of all other persons known 14 to have an interest in the property; 15 (vi) the specific provisions of Section 8 of this 16 Act relied on in asserting it is not subject to 17 forfeiture; 18 (vii) all essential facts supporting each 19 assertion; and 20 (viii) the precise relief sought. 21 (E) The answer must be filed with the court within 45 22 days after service of the civil in rem complaint. 23 (F) The hearing must be held within 60 days after filing 24 of the answer unless continued for good cause. 25 (G) The State shall show the existence of probable cause 26 for forfeiture of the property. If the State shows probable 27 cause, the claimant has the burden of showing by a 28 preponderance of the evidence that the claimant's interest in 29 the property is not subject to forfeiture. 30 (H) If the State does not show existence of probable 31 cause or a claimant has established by a preponderance of 32 evidence that the claimant has an interest that is exempt 33 under Section 8 of this Act, the court shall order the 34 interest in the property returned or conveyed to the claimant SB1756 Enrolled -57- LRB9011691RCpc 1 and shall order all other property forfeited to the State. If 2 the State does show existence of probable cause and the 3 claimant does not establish by a preponderance of evidence 4 that the claimant has an interest that is exempt under 5 Section 8 of this Act, the court shall order all property 6 forfeited to the State. 7 (I) A defendant convicted in any criminal proceeding is 8 precluded from later denying the essential allegations of the 9 criminal offense of which the defendant was convicted in any 10 proceeding under this Act regardless of the pendency of an 11 appeal from that conviction. However, evidence of the 12 pendency of an appeal is admissible. 13 (J) An acquittal or dismissal in a criminal proceeding 14 shall not preclude civil proceedings under this Act; however, 15 for good cause shown, on a motion by the State's Attorney, 16 the court may stay civil forfeiture proceedings during the 17 criminal trial for a related criminal indictment or 18 information alleging a violation of the Illinois Controlled 19 Substances Act or the Cannabis Control Act. Such a stay 20 shall not be available pending an appeal. Property subject 21 to forfeiture under the Illinois Controlled Substances Act or 22 the Cannabis Control Act shall not be subject to return or 23 release by a court exercising jurisdiction over a criminal 24 case involving the seizure of such property unless such 25 return or release is consented to by the State's Attorney. 26 (K) All property declared forfeited under this Act vests 27 in this State on the commission of the conduct giving rise to 28 forfeiture together with the proceeds of the property after 29 that time. Any such property or proceeds subsequently 30 transferred to any person remain subject to forfeiture and 31 thereafter shall be ordered forfeited unless the transferee 32 claims and establishes in a hearing under the provisions of 33 this Act that the transferee's interest is exempt under 34 Section 8 of this Act. SB1756 Enrolled -58- LRB9011691RCpc 1 (L) A civil action under this Act must be commenced 2 within 5 years after the last conduct giving rise to 3 forfeiture became known or should have become known or 5 4 years after the forfeitable property is discovered, whichever 5 is later, excluding any time during which either the property 6 or claimant is out of the State or in confinement or during 7 which criminal proceedings relating to the same conduct are 8 in progress. 9Judicial in rem procedures. If property seized under the10provisions of the Illinois Controlled Substances Act or the11Cannabis Control Act is non-real property that exceeds12$20,000 in value excluding the value of any conveyance, or is13real property, or a claimant has filed a claim and a cost14bond under subsection (C) of Section 6 of this Act, the15following judicial in rem procedures shall apply:16(A) If, after a review of the facts surrounding the17seizure, the State's Attorney is of the opinion that the18seized property is subject to forfeiture, then within 45 days19of the receipt of notice of seizure by the seizing agency or20the filing of the claim and cost bond, whichever is later,21the State's Attorney shall institute judicial forfeiture22proceedings by filing a verified complaint for forfeiture23and, if the claimant has filed a claim and cost bond, by24depositing the cost bond with the clerk of the court. When25authorized by law, a forfeiture must be ordered by a court on26an action in rem brought by a State's Attorney under a27verified complaint for forfeiture.28(B) During the probable cause portion of the judicial in29rem proceeding wherein the State presents its case-in-chief,30the court must receive and consider, among other things, all31relevant hearsay evidence and information. The laws of32evidence relating to civil actions shall apply to all other33portions of the judicial in rem proceeding.34(C) Only an owner of or interest holder in the propertySB1756 Enrolled -59- LRB9011691RCpc 1may file an answer asserting a claim against the property in2the action in rem. For purposes of this Section, the owner3or interest holder shall be referred to as claimant.4(D) The answer must be signed by the owner or interest5holder under penalty of perjury and must set forth:6(i) the caption of the proceedings as set forth on7the notice of pending forfeiture and the name of the8claimant;9(ii) the address at which the claimant will accept10mail;11(iii) the nature and extent of the claimant's12interest in the property;13(iv) the date, identity of transferor, and14circumstances of the claimant's acquisition of the15interest in the property;16(v) the name and address of all other persons known17to have an interest in the property;18(vi) the specific provisions of Section 8 of this19Act relied on in asserting it is not subject to20forfeiture;21(vii) all essential facts supporting each22assertion; and23(viii) the precise relief sought.24(E) The answer must be filed with the court within 4525days after service of the civil in rem complaint.26(F) The hearing must be held within 60 days after filing27of the answer unless continued for good cause.28(G) The state shall show the existence of probable cause29for forfeiture of the property. If the State shows probable30cause, the claimant has the burden of showing by a31preponderance of the evidence that the claimant's interest in32the property is not subject to forfeiture.33(H) If the State does not show existence of probable34cause or a claimant has established by a preponderance ofSB1756 Enrolled -60- LRB9011691RCpc 1evidence that the claimant has an interest that is exempt2under Section 8 of this Act, the court shall order the3interest in the property returned or conveyed to the claimant4and shall order all other property forfeited to the State. If5the State does show existence of probable cause and the6claimant does not establish by a preponderance of evidence7that the claimant has an interest that is exempt under8Section 8 of this Act, the court shall order all property9forfeited to the State.10(I) A defendant convicted in any criminal proceeding is11precluded from later denying the essential allegations of the12criminal offense of which the defendant was convicted in any13proceeding under this Act regardless of the pendency of an14appeal from that conviction. However, evidence of the15pendency of an appeal is admissible.16(J) An acquittal or dismissal in a criminal proceeding17shall not preclude civil proceedings under this Act; however,18for good cause shown, on a motion by the State's Attorney,19the court may stay civil forfeiture proceedings during the20criminal trial for a related criminal indictment or21information alleging a violation of the Illinois Controlled22Substances Act or the Cannabis Control Act. Such a stay23shall not be available pending an appeal. Property subject24to forfeiture under the Illinois Controlled Substances Act or25the Cannabis Control Act shall not be subject to return or26release by a court exercising jurisdiction over a criminal27case involving the seizure of such property unless such28return or release is consented to by the State's Attorney.29(K) All property declared forfeited under this Act vests30in this State on the commission of the conduct giving rise to31forfeiture together with the proceeds of the property after32that time. Any such property or proceeds subsequently33transferred to any person remain subject to forfeiture and34thereafter shall be ordered forfeited unless the transfereeSB1756 Enrolled -61- LRB9011691RCpc 1claims and establishes in a hearing under the provisions of2this Act that the transferee's interest is exempt under3Section 8 of this Act.4(L) A civil action under this Act must be commenced5within 5 years after the last conduct giving rise to6forfeiture became known or should have become known or 57years after the forfeitable property is discovered, whichever8is later, excluding any time during which either the property9or claimant is out of the State or in confinement or during10which criminal proceedings relating to the same conduct are11in progress.12 (Source: P.A. 89-404, eff. 8-20-95.) 13 Section 40. Sections 3-6-3, 3-6-3.1, 5-1-11, 5-2-4, and 14 5-4-1 of the Unified Code of Corrections are amended as 15 follows: 16 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 17 Sec. 3-6-3. Rules and Regulations for Early Release. 18 (a)(1) The Department of Corrections shall 19 prescribe rules and regulations for the early release on 20 account of good conduct of persons committed to the 21 Department which shall be subject to review by the 22 Prisoner Review Board. 23 (2) The rules and regulations on early release 24 shall provide, with respect to offenses committed on or 25 after the effective date of this amendatory Act of 1998, 26 the following: 27 (i) that a prisoner who is serving a term of 28 imprisonment for first degree murder shall receive 29 no good conduct credit and shall serve the entire 30 sentence imposed by the court; 31 (ii) that a prisoner serving a sentence for 32 attempt to commit first degree murder, solicitation SB1756 Enrolled -62- LRB9011691RCpc 1 of murder, solicitation of murder for hire, 2 intentional homicide of an unborn child, predatory 3 criminal sexual assault of a child, aggravated 4 criminal sexual assault, criminal sexual assault, 5 aggravated kidnapping, aggravated battery with a 6 firearm, heinous battery, aggravated battery of a 7 senior citizen, or aggravated battery of a child 8 shall receive no more than 4.5 days of good conduct 9 credit for each month of his or her sentence of 10 imprisonment; and 11 (iii) that a prisoner serving a sentence for 12 home invasion, armed robbery, aggravated vehicular 13 hijacking, aggravated discharge of a firearm, or 14 armed violence with a category I weapon or category 15 II weapon, when the court has made and entered a 16 finding, pursuant to subsection (c-1) of Section 17 5-4-1 of this Code, that the conduct leading to 18 conviction for the enumerated offense resulted in 19 great bodily harm to a victim, shall receive no more 20 than 4.5 days of good conduct credit for each month 21 of his or her sentence of imprisonment. 22 (2.1) For all offenses, other than those enumerated 23 in subdivision (a)(2) committed on or after the effective 24 date of this amendatory Act of 1998, the rules and 25 regulations shall provide that a prisoner who is serving 26 a term of imprisonment shall receive one day of good 27 conduct credit for each day of his or her sentence of 28 imprisonment or recommitment under Section 3-3-9. Each 29 day of good conduct credit shall reduce by one day the 30 prisoner's period of imprisonment or recommitment under 31 Section 3-3-9. 32 (2.2) A prisoner serving a term of natural life 33 imprisonment or a prisoner who has been sentenced to 34 death shall receive no good conduct credit. SB1756 Enrolled -63- LRB9011691RCpc 1 (3) The rules and regulations shall also provide 2 that the Director may award up to 180 days additional 3 good conduct credit for meritorious service in specific 4 instances as the Director deems proper; except that no 5 more than 90 days of good conduct credit for meritorious 6 service shall be awarded to any prisoner who is serving a 7 sentence for conviction of first degree murder, reckless 8 homicide while under the influence of alcohol or any 9 other drug, aggravated kidnapping, kidnapping, predatory 10 criminal sexual assault of a child, aggravated criminal 11 sexual assault, criminal sexual assault, deviate sexual 12 assault, aggravated criminal sexual abuse, aggravated 13 indecent liberties with a child, indecent liberties with 14 a child, child pornography, heinous battery, aggravated 15 battery of a spouse, aggravated battery of a spouse with 16 a firearm, stalking, aggravated stalking, aggravated 17 battery of a child, endangering the life or health of a 18 child, cruelty to a child, or narcotic racketeering. 19 Notwithstanding the foregoing, good conduct credit for 20 meritorious service shall not be awarded on a sentence of 21 imprisonment imposed for conviction of one of the 22 offenses enumerated in subdivision (a)(2) when the 23 offense is committed on or after the effective date of 24 this amendatory Act of 1998. 25 (4) The rules and regulations shall also provide 26 that the good conduct credit accumulated and retained 27 under paragraph (2.1) of subsection (a) of this Section 28 by any inmate during specific periods of time in which 29 such inmate is engaged full-time in substance abuse 30 programs, correctional industry assignments, or 31 educational programs provided by the Department under 32 this paragraph (4) and satisfactorily completes the 33 assigned program as determined by the standards of the 34 Department, shall be multiplied by a factor of 1.25 for SB1756 Enrolled -64- LRB9011691RCpc 1 program participation before August 11, 1993 and 1.50 for 2 program participation on or after that date. However, no 3 inmate shall be eligible for the additional good conduct 4 credit under this paragraph (4) while assigned to a boot 5 camp, mental health unit, or electronic detention, or if 6 convicted of an offense enumerated in paragraph (a)(2) of 7 this Section that is committed on or after the effective 8 date of this amendatory Act of 1998, or first degree 9 murder, a Class X felony, criminal sexual assault, felony 10 criminal sexual abuse, aggravated criminal sexual abuse, 11 aggravated battery with a firearm, or any predecessor or 12 successor offenses with the same or substantially the 13 same elements, or any inchoate offenses relating to the 14 foregoing offenses. No inmate shall be eligible for the 15 additional good conduct credit under this paragraph (4) 16 who (i) has previously received increased good conduct 17 credit under this paragraph (4) and has subsequently been 18 convicted of a felony, or (ii) has previously served more 19 than one prior sentence of imprisonment for a felony in 20 an adult correctional facility. 21 Educational, vocational, substance abuse and 22 correctional industry programs under which good conduct 23 credit may be increased under this paragraph (4) shall be 24 evaluated by the Department on the basis of documented 25 standards. The Department shall report the results of 26 these evaluations to the Governor and the General 27 Assembly by September 30th of each year. The reports 28 shall include data relating to the recidivism rate among 29 program participants. 30 Availability of these programs shall be subject to 31 the limits of fiscal resources appropriated by the 32 General Assembly for these purposes. Eligible inmates 33 who are denied immediate admission shall be placed on a 34 waiting list under criteria established by the SB1756 Enrolled -65- LRB9011691RCpc 1 Department. The inability of any inmate to become engaged 2 in any such programs by reason of insufficient program 3 resources or for any other reason established under the 4 rules and regulations of the Department shall not be 5 deemed a cause of action under which the Department or 6 any employee or agent of the Department shall be liable 7 for damages to the inmate. 8 (5) Whenever the Department is to release any 9 inmate earlier than it otherwise would because of a grant 10 of good conduct credit for meritorious service given at 11 any time during the term, the Department shall give 12 reasonable advance notice of the impending release to the 13 State's Attorney of the county where the prosecution of 14 the inmate took place. 15 (b) Whenever a person is or has been committed under 16 several convictions, with separate sentences, the sentences 17 shall be construed under Section 5-8-4 in granting and 18 forfeiting of good time. 19 (c) The Department shall prescribe rules and regulations 20 for revoking good conduct credit, or suspending or reducing 21 the rate of accumulation of good conduct credit for specific 22 rule violations, during imprisonment. These rules and 23 regulations shall provide that no inmate may be penalized 24 more than one year of good conduct credit for any one 25 infraction. 26 When the Department seeks to revoke, suspend or reduce 27 the rate of accumulation of any good conduct credits for an 28 alleged infraction of its rules, it shall bring charges 29 therefor against the prisoner sought to be so deprived of 30 good conduct credits before the Prisoner Review Board as 31 provided in subparagraph (a)(4) of Section 3-3-2 of this 32 Code, if the amount of credit at issue exceeds 30 days or 33 when during any 12 month period, the cumulative amount of 34 credit revoked exceeds 30 days except where the infraction is SB1756 Enrolled -66- LRB9011691RCpc 1 committed or discovered within 60 days of scheduled release. 2 In those cases, the Department of Corrections may revoke up 3 to 30 days of good conduct credit. The Board may subsequently 4 approve the revocation of additional good conduct credit, if 5 the Department seeks to revoke good conduct credit in excess 6 of 30 days. However, the Board shall not be empowered to 7 review the Department's decision with respect to the loss of 8 30 days of good conduct credit within any calendar year for 9 any prisoner or to increase any penalty beyond the length 10 requested by the Department. 11 The Director of the Department of Corrections, in 12 appropriate cases, may restore up to 30 days good conduct 13 credits which have been revoked, suspended or reduced. Any 14 restoration of good conduct credits in excess of 30 days 15 shall be subject to review by the Prisoner Review Board. 16 However, the Board may not restore good conduct credit in 17 excess of the amount requested by the Director. 18 Nothing contained in this Section shall prohibit the 19 Prisoner Review Board from ordering, pursuant to Section 20 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 21 the sentence imposed by the court that was not served due to 22 the accumulation of good conduct credit. 23 (d) If a lawsuit is filed by a prisoner in an Illinois 24 or federal court against the State, the Department of 25 Corrections, or the Prisoner Review Board, or against any of 26 their officers or employees, and the court makes a specific 27 finding that a pleading, motion, or other paper filed by the 28 prisoner is frivolous, the Department of Corrections shall 29 conduct a hearing to revoke up to 180 days of good conduct 30 credit by bringing charges against the prisoner sought to be 31 deprived of the good conduct credits before the Prisoner 32 Review Board as provided in subparagraph (a)(8) of Section 33 3-3-2 of this Code. If the prisoner has not accumulated 180 34 days of good conduct credit at the time of the finding, then SB1756 Enrolled -67- LRB9011691RCpc 1 the Prisoner Review Board may revoke all good conduct credit 2 accumulated by the prisoner. 3 For purposes of this subsection (d): 4 (1) "Frivolous" means that a pleading, motion, or 5 other filing which purports to be a legal document filed 6 by a prisoner in his or her lawsuit meets any or all of 7 the following criteria: 8 (A) it lacks an arguable basis either in law 9 or in fact; 10 (B) it is being presented for any improper 11 purpose, such as to harass or to cause unnecessary 12 delay or needless increase in the cost of 13 litigation; 14 (C) the claims, defenses, and other legal 15 contentions therein are not warranted by existing 16 law or by a nonfrivolous argument for the extension, 17 modification, or reversal of existing law or the 18 establishment of new law; 19 (D) the allegations and other factual 20 contentions do not have evidentiary support or, if 21 specifically so identified, are not likely to have 22 evidentiary support after a reasonable opportunity 23 for further investigation or discovery; or 24 (E) the denials of factual contentions are not 25 warranted on the evidence, or if specifically so 26 identified, are not reasonably based on a lack of 27 information or belief. 28 (2) "Lawsuit" means a petition for post conviction 29 relief under Article 122 of the Code of Criminal 30 Procedure of 1963, a motion pursuant to Section 116-3 of 31 the Code of Criminal Procedure of 1963, a habeas corpus 32 action under Article X of the Code of Civil Procedure or 33 under federal law (28 U.S.C. 2254), a petition for claim 34 under the Court of Claims Act or an action under the SB1756 Enrolled -68- LRB9011691RCpc 1 federal Civil Rights Act (42 U.S.C. 1983). 2 (e) Nothing in this amendatory Act of 1998 affects the 3 validity of Public Act 89-404.Rules and Regulations for4Early Release.5(a)(1) The Department of Corrections shall6prescribe rules and regulations for the early release on7account of good conduct of persons committed to the8Department which shall be subject to review by the9Prisoner Review Board.10(2) The rules and regulations on early release11shall provide, with respect to offenses committed on or12after the effective date of this amendatory Act of 1995,13the following:14(i) that a prisoner who is serving a term of15imprisonment for first degree murder shall receive16no good conduct credit and shall serve the entire17sentence imposed by the court;18(ii) that a prisoner serving a sentence for19attempt to commit first degree murder, solicitation20of murder, solicitation of murder for hire,21intentional homicide of an unborn child, predatory22criminal sexual assault of a child, aggravated23criminal sexual assault, criminal sexual assault,24aggravated kidnapping, aggravated battery with a25firearm, heinous battery, aggravated battery of a26senior citizen, or aggravated battery of a child27shall receive no more than 4.5 days of good conduct28credit for each month of his or her sentence of29imprisonment; and30(iii) that a prisoner serving a sentence for31home invasion, armed robbery, aggravated vehicular32hijacking, aggravated discharge of a firearm, or33armed violence with a category I weapon or category34II weapon, when the court has made and entered aSB1756 Enrolled -69- LRB9011691RCpc 1finding, pursuant to subsection (c-1) of Section25-4-1 of this Code, that the conduct leading to3conviction for the enumerated offense resulted in4great bodily harm to a victim, shall receive no more5than 4.5 days of good conduct credit for each month6of his or her sentence of imprisonment.7(2.1) For all offenses, other than those enumerated8in subdivision (a)(2) committed on or after the effective9date of this amendatory Act of 1995, the rules and10regulations shall provide that a prisoner who is serving11a term of imprisonment shall receive one day of good12conduct credit for each day of his or her sentence of13imprisonment or recommitment under Section 3-3-9. Each14day of good conduct credit shall reduce by one day the15prisoner's period of imprisonment or recommitment under16Section 3-3-9.17(2.2) A prisoner serving a term of natural life18imprisonment or a prisoner who has been sentenced to19death shall receive no good conduct credit.20(3) The rules and regulations shall also provide21that the Director may award up to 180 days additional22good conduct credit for meritorious service in specific23instances as the Director deems proper; except that no24more than 90 days of good conduct credit for meritorious25service shall be awarded to any prisoner who is serving a26sentence for conviction of first degree murder, reckless27homicide while under the influence of alcohol or any28other drug, aggravated kidnapping, kidnapping, predatory29criminal sexual assault of a child, aggravated criminal30sexual assault, criminal sexual assault, deviate sexual31assault, aggravated criminal sexual abuse, aggravated32indecent liberties with a child, indecent liberties with33a child, child pornography, heinous battery, aggravated34battery of a spouse, aggravated battery of a spouse withSB1756 Enrolled -70- LRB9011691RCpc 1a firearm, stalking, aggravated stalking, aggravated2battery of a child, endangering the life or health of a3child, cruelty to a child, or narcotic racketeering.4Notwithstanding the foregoing, good conduct credit for5meritorious service shall not be awarded on a sentence of6imprisonment imposed for conviction of one of the7offenses enumerated in subdivision (a)(2) when the8offense is committed on or after the effective date of9this amendatory Act of 1995.10(4) The rules and regulations shall also provide11that the good conduct credit accumulated and retained12under paragraph (2.1) of subsection (a) of this Section13by any inmate during specific periods of time in which14such inmate is engaged full-time in substance abuse15programs, correctional industry assignments, or16educational programs provided by the Department under17this paragraph (4) and satisfactorily completes the18assigned program as determined by the standards of the19Department, shall be multiplied by a factor of 1.25 for20program participation before the effective date of this21amendatory Act of 1993 and 1.50 for program participation22on or after that date. However, no inmate shall be23eligible for the additional good conduct credit under24this paragraph (4) while assigned to a boot camp, mental25health unit, or electronic detention, or if convicted of26an offense enumerated in paragraph (a)(2) of this Section27that is committed on or after the effective date of this28amendatory Act of 1995, or first degree murder, a Class X29felony, criminal sexual assault, felony criminal sexual30abuse, aggravated criminal sexual abuse, aggravated31battery with a firearm, or any predecessor or successor32offenses with the same or substantially the same33elements, or any inchoate offenses relating to the34foregoing offenses. No inmate shall be eligible for theSB1756 Enrolled -71- LRB9011691RCpc 1additional good conduct credit under this paragraph (4)2who (i) has previously received increased good conduct3credit under this paragraph (4) and has subsequently been4convicted of a felony, or (ii) has previously served more5than one prior sentence of imprisonment for a felony in6an adult correctional facility.7Educational, vocational, substance abuse and8correctional industry programs under which good conduct9credit may be increased under this paragraph (4) shall be10evaluated by the Department on the basis of documented11standards. The Department shall report the results of12these evaluations to the Governor and the General13Assembly by September 30th of each year. The reports14shall include data relating to the recidivism rate among15program participants.16Availability of these programs shall be subject to17the limits of fiscal resources appropriated by the18General Assembly for these purposes. Eligible inmates19who are denied immediate admission shall be placed on a20waiting list under criteria established by the21Department. The inability of any inmate to become engaged22in any such programs by reason of insufficient program23resources or for any other reason established under the24rules and regulations of the Department shall not be25deemed a cause of action under which the Department or26any employee or agent of the Department shall be liable27for damages to the inmate.28(5) Whenever the Department is to release any29inmate earlier than it otherwise would because of a grant30of good conduct credit for meritorious service given at31any time during the term, the Department shall give32reasonable advance notice of the impending release to the33State's Attorney of the county where the prosecution of34the inmate took place.SB1756 Enrolled -72- LRB9011691RCpc 1(b) Whenever a person is or has been committed under2several convictions, with separate sentences, the sentences3shall be construed under Section 5-8-4 in granting and4forfeiting of good time.5(c) The Department shall prescribe rules and regulations6for revoking good conduct credit, or suspending or reducing7the rate of accumulation of good conduct credit for specific8rule violations, during imprisonment. These rules and9regulations shall provide that no inmate may be penalized10more than one year of good conduct credit for any one11infraction.12When the Department seeks to revoke, suspend or reduce13the rate of accumulation of any good conduct credits for an14alleged infraction of its rules, it shall bring charges15therefor against the prisoner sought to be so deprived of16good conduct credits before the Prisoner Review Board as17provided in subparagraph (a)(4) of Section 3-3-2 of this18Code, if the amount of credit at issue exceeds 30 days or19when during any 12 month period, the cumulative amount of20credit revoked exceeds 30 days except where the infraction is21committed or discovered within 60 days of scheduled release.22In those cases, the Department of Corrections may revoke up23to 30 days of good conduct credit. The Board may subsequently24approve the revocation of additional good conduct credit, if25the Department seeks to revoke good conduct credit in excess26of 30 days. However, the Board shall not be empowered to27review the Department's decision with respect to the loss of2830 days of good conduct credit within any calendar year for29any prisoner or to increase any penalty beyond the length30requested by the Department.31The Director of the Department of Corrections, in32appropriate cases, may restore up to 30 days good conduct33credits which have been revoked, suspended or reduced. Any34restoration of good conduct credits in excess of 30 daysSB1756 Enrolled -73- LRB9011691RCpc 1shall be subject to review by the Prisoner Review Board.2However, the Board may not restore good conduct credit in3excess of the amount requested by the Director.4Nothing contained in this Section shall prohibit the5Prisoner Review Board from ordering, pursuant to Section63-3-9(a)(3)(i)(B), that a prisoner serve up to one year of7the sentence imposed by the court that was not served due to8the accumulation of good conduct credit.9(d) If a lawsuit is filed by a prisoner in an Illinois10or federal court against the State, the Department of11Corrections, or the Prisoner Review Board, or against any of12their officers or employees, and the court makes a specific13finding that a pleading, motion, or other paper filed by the14prisoner is frivolous, the Department of Corrections shall15conduct a hearing to revoke up to 180 days of good conduct16credit by bringing charges against the prisoner sought to be17deprived of the good conduct credits before the Prisoner18Review Board as provided in subparagraph (a)(8) of Section193-3-2 of this Code. If the prisoner has not accumulated 18020days of good conduct credit at the time of the finding, then21the Prisoner Review Board may revoke all good conduct credit22accumulated by the prisoner.23For purposes of this subsection (d):24(1) "Frivolous" means that a pleading, motion, or25other filing which purports to be a legal document filed26by a prisoner in his or her lawsuit meets any or all of27the following criteria:28(A) it lacks an arguable basis either in law29or in fact;30(B) it is being presented for any improper31purpose, such as to harass or to cause unnecessary32delay or needless increase in the cost of33litigation;34(C) the claims, defenses, and other legalSB1756 Enrolled -74- LRB9011691RCpc 1contentions therein are not warranted by existing2law or by a nonfrivolous argument for the extension,3modification, or reversal of existing law or the4establishment of new law;5(D) the allegations and other factual6contentions do not have evidentiary support or, if7specifically so identified, are not likely to have8evidentiary support after a reasonable opportunity9for further investigation or discovery; or10(E) the denials of factual contentions are not11warranted on the evidence, or if specifically so12identified, are not reasonably based on a lack of13information or belief.14(2) "Lawsuit" means a petition for post conviction15relief under Article 122 of the Code of Criminal16Procedure of 1963, a motion pursuant to Section 116-3 of17the Code of Criminal Procedure of 1963, a habeas corpus18action under Article X of the Code of Civil Procedure or19under federal law (28 U.S.C. 2254), a petition for claim20under the Court of Claims Act or an action under the21federal Civil Rights Act (42 U.S.C. 1983).22 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95; 23 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff. 24 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.) 25 (730 ILCS 5/3-6-3.1) 26 Sec. 3-6-3.1. Truth-in-Sentencing Commission. 27 (a) Legislative findings. The General Assembly finds 28 that violent crime continues to be a severe problem in 29 Illinois. Criminals sentenced to prison for violating the 30 laws of Illinois are often released after serving a fraction 31 of their sentence under Illinois' early release statute. The 32 early release of criminals from prison after they are 33 sentenced to longer terms in court misleads the public as SB1756 Enrolled -75- LRB9011691RCpc 1 well as victims of crime. Many of these criminals return to 2 a life of crime immediately upon their early release from 3 prison, committing violent acts including murder and rape. 4 Public safety, as well as the integrity of the justice 5 system, demands that criminals serve the sentences handed 6 down by the courts, and that a Truth-in-Sentencing Commission 7 be established to effectuate this goal. 8 (b) Truth-in-Sentencing Commission. There is created 9 the Illinois Truth-in-Sentencing Commission, to consist of 13 10 members as follows: 11 (1) Three members appointed by the Governor, one of 12 whom shall be a member of the faculty of an accredited 13 Illinois law school; 14 (2) The Attorney General or his or her designee; 15 (3) One member appointed by the President of the 16 Senate; 17 (4) One member appointed by the Minority Leader of 18 the Senate; 19 (5) One member appointed by the Speaker of the 20 House of Representatives; 21 (6) One member appointed by the Minority Leader of 22 the House of Representatives; 23 (7) The Director of the Illinois Department of 24 Corrections or his or her designee; 25 (8) The State's Attorney of Cook County or his or 26 her designee; 27 (9) The Executive Director of the Illinois Criminal 28 Justice Information Authority or his or her designee; 29 (10) The President of the Illinois State's 30 Attorneys Association; and 31 (11) The President of the Illinois Association of 32 Chiefs of Police. 33 All appointments shall be filed with the Secretary of 34 State by the appointing authority. SB1756 Enrolled -76- LRB9011691RCpc 1 (c) Duties of the Commission. This Commission shall: 2 (1) develop and monitor legislation facilitating 3 the implementation of Truth-in-Sentencing laws which 4 require criminals to serve at least 85% of their 5 court-imposed sentences, using any information and 6 recommendations available regarding those laws; 7 (2) review the funding provisions of the Violent 8 Crime Control Act of 1994, and any subsequent federal 9 legislation of a comparable nature, to comment in 10 appropriate federal rulemaking and legislative processes 11 on State law enforcement, correctional, and fiscal 12 concerns, and, upon the finalization of federal 13 requirements, to determine what is required to obtain 14 maximum federal funding to assist the State in 15 implementing Truth-in-Sentencing laws; and 16 (3) study the possibility of changing sentences in 17 order to more accurately reflect the actual time spent in 18 prison, while preserving the system's ability to punish 19 criminals justly and equitably. 20 (d) Organization. The Commission shall elect a Chair 21 and Vice-Chair from among its members at its first meeting. 22 The members of the Commission shall serve without 23 compensation but shall be reimbursed for reasonable expenses 24 incurred in the course of performing their duties. 25 (e) Intergovernmental cooperation. The Illinois 26 Criminal Justice Information Authority shall assist the 27 Commission with any and all research and drafting necessary 28 to fulfill its duties. The Illinois Department of 29 Corrections shall give any reasonable assistance to the 30 Commission, including making available all pertinent 31 statistical information at the Department's disposal. 32 (f) The Commission shall present a full report and a 33 draft of appropriate Truth-in-Sentencing legislation to the 34 Governor and the General Assembly no later than September 30, SB1756 Enrolled -77- LRB9011691RCpc 1 1998.Truth-in-Sentencing Commission.2(a) Legislative findings. The General Assembly finds3that violent crime continues to be a severe problem in4Illinois. Criminals sentenced to prison for violating the5laws of Illinois are often released after serving a fraction6of their sentence under Illinois' early release statute. The7early release of criminals from prison after they are8sentenced to longer terms in court misleads the public as9well as victims of crime. Many of these criminals return to10a life of crime immediately upon their early release from11prison, committing violent acts including murder and rape.12Public safety, as well as the integrity of the justice13system, demands that criminals serve the sentences handed14down by the courts, and that a Truth-in-Sentencing Commission15be established to effectuate this goal.16(b) Truth-in-Sentencing Commission. There is created17the Illinois Truth-in-Sentencing Commission, to consist of 1318members as follows:19(1) Three members appointed by the Governor, one of20whom shall be a member of the faculty of an accredited21Illinois law school;22(2) The Attorney General or his or her designee;23(3) One member appointed by the President of the24Senate;25(4) One member appointed by the Minority Leader of26the Senate;27(5) One member appointed by the Speaker of the28House of Representatives;29(6) One member appointed by the Minority Leader of30the House of Representatives;31(7) The Director of the Illinois Department of32Corrections or his or her designee;33(8) The State's Attorney of Cook County or his or34her designee;SB1756 Enrolled -78- LRB9011691RCpc 1(9) The Executive Director of the Illinois Criminal2Justice Information Authority or his or her designee;3(10) The President of the Illinois State's4Attorneys Association; and5(11) The President of the Illinois Association of6Chiefs of Police.7All appointments shall be filed with the Secretary of8State by the appointing authority.9(c) Duties of the Commission. This Commission shall:10(1) develop and monitor legislation facilitating11the implementation of Truth-in-Sentencing laws which12require criminals to serve at least 85% of their13court-imposed sentences, using any information and14recommendations available regarding those laws;15(2) review the funding provisions of the Violent16Crime Control Act of 1994, and any subsequent federal17legislation of a comparable nature, to comment in18appropriate federal rulemaking and legislative processes19on State law enforcement, correctional, and fiscal20concerns, and, upon the finalization of federal21requirements, to determine what is required to obtain22maximum federal funding to assist the State in23implementing Truth-in-Sentencing laws; and24(3) study the possibility of changing sentences in25order to more accurately reflect the actual time spent in26prison, while preserving the system's ability to punish27criminals justly and equitably.28(d) Organization. The Commission shall elect a Chair29and Vice-Chair from among its members at its first meeting.30The members of the Commission shall serve without31compensation but shall be reimbursed for reasonable expenses32incurred in the course of performing their duties.33(e) Intergovernmental cooperation. The Illinois34Criminal Justice Information Authority shall assist theSB1756 Enrolled -79- LRB9011691RCpc 1Commission with any and all research and drafting necessary2to fulfill its duties. The Illinois Department of3Corrections shall give any reasonable assistance to the4Commission, including making available all pertinent5statistical information at the Department's disposal.6(f) The Commission shall present a full report and a7draft of appropriate Truth-in-Sentencing legislation to the8Governor and the General Assembly no later than March 1,91997.10 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95; 11 89-689, eff. 12-31-96.) 12 (730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11) 13 Sec. 5-1-11. Insanity. 14 "Insanity" means the lack of a substantial capacity to 15 appreciate the criminality of one's conduct as a result of 16 mental disorder or mental defect. 17Insanity.18"Insanity" means the lack of a substantial capacity to19appreciate the criminality of one's conduct as a result of20mental disorder or mental defect.21 (Source: P.A. 89-404, eff. 8-20-95.) 22 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4) 23 Sec. 5-2-4. Proceedings after Acquittal by Reason of 24 Insanity. 25 (a) After a finding or verdict of not guilty by reason 26 of insanity under Sections 104-25, 115-3 or 115-4 of The Code 27 of Criminal Procedure of 1963, the defendant shall be ordered 28 to the Department of Human Services for an evaluation as to 29 whether he is subject to involuntary admission or in need of 30 mental health services. The order shall specify whether the 31 evaluation shall be conducted on an inpatient or outpatient 32 basis. If the evaluation is to be conducted on an inpatient SB1756 Enrolled -80- LRB9011691RCpc 1 basis, the defendant shall be placed in a secure setting 2 unless the Court determines that there are compelling reasons 3 why such placement is not necessary. After the evaluation and 4 during the period of time required to determine the 5 appropriate placement, the defendant shall remain in jail. 6 Upon completion of the placement process the sheriff shall 7 be notified and shall transport the defendant to the 8 designated facility. 9 The Department shall provide the Court with a report of 10 its evaluation within 30 days of the date of this order. The 11 Court shall hold a hearing as provided under the Mental 12 Health and Developmental Disabilities Code to determine if 13 the individual is: (a) subject to involuntary admission; (b) 14 in need of mental health services on an inpatient basis; (c) 15 in need of mental health services on an outpatient basis; (d) 16 a person not in need of mental health services. The Court 17 shall enter its findings. 18 If the defendant is found to be subject to involuntary 19 admission or in need of mental health services on an 20 inpatient care basis, the Court shall order the defendant to 21 the Department of Human Services. The defendant shall be 22 placed in a secure setting unless the Court determines that 23 there are compelling reasons why such placement is not 24 necessary. Such defendants placed in a secure setting shall 25 not be permitted outside the facility's housing unit unless 26 escorted or accompanied by personnel of the Department of 27 Human Services or with the prior approval of the Court for 28 unsupervised on-grounds privileges as provided herein. Any 29 defendant placed in a secure setting pursuant to this 30 Section, transported to court hearings or other necessary 31 appointments off facility grounds by personnel of the 32 Department of Human Services, may be placed in security 33 devices or otherwise secured during the period of 34 transportation to assure secure transport of the defendant SB1756 Enrolled -81- LRB9011691RCpc 1 and the safety of Department of Human Services personnel and 2 others. These security measures shall not constitute 3 restraint as defined in the Mental Health and Developmental 4 Disabilities Code. If the defendant is found to be in need 5 of mental health services, but not on an inpatient care 6 basis, the Court shall conditionally release the defendant, 7 under such conditions as set forth in this Section as will 8 reasonably assure the defendant's satisfactory progress in 9 treatment or rehabilitation and the safety of the defendant 10 or others. If the Court finds the person not in need of 11 mental health services, then the Court shall order the 12 defendant discharged from custody. 13 (1) Definitions: For the purposes of this Section: 14 (A) "Subject to involuntary admission" means: a 15 defendant has been found not guilty by reason of 16 insanity; and 17 (i) who is mentally ill and who because of his 18 mental illness is reasonably expected to inflict 19 serious physical harm upon himself or another in the 20 near future; or 21 (ii) who is mentally ill and who because of 22 his illness is unable to provide for his basic 23 physical needs so as to guard himself from serious 24 harm. 25 (B) "In need of mental health services on an 26 inpatient basis" means: a defendant who has been found 27 not guilty by reason of insanity who is not subject to 28 involuntary admission but who is reasonably expected to 29 inflict serious physical harm upon himself or another and 30 who would benefit from inpatient care or is in need of 31 inpatient care. 32 (C) "In need of mental health services on an 33 outpatient basis" means: a defendant who has been found 34 not guilty by reason of insanity who is not subject to SB1756 Enrolled -82- LRB9011691RCpc 1 involuntary admission or in need of mental health 2 services on an inpatient basis, but is in need of 3 outpatient care, drug and/or alcohol rehabilitation 4 programs, community adjustment programs, individual, 5 group, or family therapy, or chemotherapy. 6 (D) "Conditional Release" means: the release from 7 either the custody of the Department of Human Services or 8 the custody of the Court of a person who has been found 9 not guilty by reason of insanity under such conditions as 10 the Court may impose which reasonably assure the 11 defendant's satisfactory progress in treatment or 12 habilitation and the safety of the defendant and others. 13 The Court shall consider such terms and conditions which 14 may include, but need not be limited to, outpatient care, 15 alcoholic and drug rehabilitation programs, community 16 adjustment programs, individual, group, family, and 17 chemotherapy, periodic checks with the legal authorities 18 and/or the Department of Human Services. The person or 19 facility rendering the outpatient care shall be required 20 to periodically report to the Court on the progress of 21 the defendant. Such conditional release shall be for a 22 period of five years, unless the defendant, the person or 23 facility rendering the treatment, therapy, program or 24 outpatient care, or the State's Attorney petitions the 25 Court for an extension of the conditional release period 26 for an additional three years. Upon receipt of such a 27 petition, the Court shall hold a hearing consistent with 28 the provisions of this paragraph (a) and paragraph (f) of 29 this Section, shall determine whether the defendant 30 should continue to be subject to the terms of conditional 31 release, and shall enter an order either extending the 32 defendant's period of conditional release for a single 33 additional three year period or discharging the 34 defendant. In no event shall the defendant's period of SB1756 Enrolled -83- LRB9011691RCpc 1 conditional release exceed eight years. These provisions 2 for extension of conditional release shall only apply to 3 defendants conditionally released on or after July 1, 4 1979. However the extension provisions of Public Act 5 83-1449 apply only to defendants charged with a forcible 6 felony. 7 (E) "Facility director" means the chief officer of 8 a mental health or developmental disabilities facility or 9 his or her designee or the supervisor of a program of 10 treatment or habilitation or his or her designee. 11 "Designee" may include a physician, clinical 12 psychologist, social worker, or nurse. 13 (b) If the Court finds the defendant subject to 14 involuntary admission or in need of mental health services on 15 an inpatient basis, the admission, detention, care, treatment 16 or habilitation, review proceedings, and discharge of the 17 defendant after such order shall be under the Mental Health 18 and Developmental Disabilities Code, except that the initial 19 order for admission of a defendant acquitted of a felony by 20 reason of insanity shall be for an indefinite period of time. 21 Such period of commitment shall not exceed the maximum length 22 of time that the defendant would have been required to serve, 23 less credit for good behavior, before becoming eligible for 24 release had he been convicted of and received the maximum 25 sentence for the most serious crime for which he has been 26 acquitted by reason of insanity. The Court shall determine 27 the maximum period of commitment by an appropriate order. 28 During this period of time, the defendant shall not be 29 permitted to be in the community in any manner, including but 30 not limited to off-grounds privileges, with or without escort 31 by personnel of the Department of Human Services, 32 unsupervised on-grounds privileges, discharge or conditional 33 or temporary release, except by a plan as provided in this 34 Section. In no event shall a defendant's continued SB1756 Enrolled -84- LRB9011691RCpc 1 unauthorized absence be a basis for discharge. Not more than 2 30 days after admission and every 60 days thereafter so long 3 as the initial order remains in effect, the facility director 4 shall file a treatment plan with the Court. Such plan shall 5 include an evaluation of the defendant's progress and the 6 extent to which he is benefiting from treatment. Such plan 7 may also include unsupervised on-grounds privileges, 8 off-grounds privileges (with or without escort by personnel 9 of the Department of Human Services), home visits and 10 participation in work programs, but only where such 11 privileges have been approved by specific court order, which 12 order may include such conditions on the defendant as the 13 Court may deem appropriate and necessary to reasonably assure 14 the defendant's satisfactory progress in treatment and the 15 safety of the defendant and others. 16 (c) Every defendant acquitted of a felony by reason of 17 insanity and subsequently found to be subject to involuntary 18 admission or in need of mental health services shall be 19 represented by counsel in all proceedings under this Section 20 and under the Mental Health and Developmental Disabilities 21 Code. 22 (1) The Court shall appoint as counsel the public 23 defender or an attorney licensed by this State. 24 (2) Upon filing with the Court of a verified 25 statement of legal services rendered by the private 26 attorney appointed pursuant to paragraph (1) of this 27 subsection, the Court shall determine a reasonable fee 28 for such services. If the defendant is unable to pay the 29 fee, the Court shall enter an order upon the State to pay 30 the entire fee or such amount as the defendant is unable 31 to pay from funds appropriated by the General Assembly 32 for that purpose. 33 (d) When the facility director determines that: 34 (1) the defendant is no longer subject to SB1756 Enrolled -85- LRB9011691RCpc 1 involuntary admission or in need of mental health 2 services on an inpatient basis; and 3 (2) the defendant may be conditionally released 4 because he or she is still in need of mental health 5 services or that the defendant may be discharged as not 6 in need of any mental health services; or 7 (3) the defendant no longer requires placement in a 8 secure setting; 9 the facility director shall give written notice to the Court, 10 State's Attorney and defense attorney. Such notice shall set 11 forth in detail the basis for the recommendation of the 12 facility director, and specify clearly the recommendations, 13 if any, of the facility director, concerning conditional 14 release. Within 30 days of the notification by the facility 15 director, the Court shall set a hearing and make a finding as 16 to whether the defendant is: 17 (i) subject to involuntary admission; or 18 (ii) in need of mental health services in the form 19 of inpatient care; or 20 (iii) in need of mental health services but not 21 subject to involuntary admission or inpatient care; or 22 (iv) no longer in need of mental health services; 23 or 24 (v) no longer requires placement in a secure 25 setting. 26 Upon finding by the Court, the Court shall enter its 27 findings and such appropriate order as provided in subsection 28 (a) of this Section. 29 (e) A defendant admitted pursuant to this Section, or 30 any person on his behalf, may file a petition for transfer 31 to a non-secure setting within the Department of Human 32 Services or discharge or conditional release under the 33 standards of this Section in the Court which rendered the 34 verdict. Upon receipt of a petition for transfer to a SB1756 Enrolled -86- LRB9011691RCpc 1 non-secure setting or discharge or conditional release, the 2 Court shall set a hearing to be held within 120 days. 3 Thereafter, no new petition may be filed for 120 days without 4 leave of the Court. 5 (f) The Court shall direct that notice of the time and 6 place of the hearing be served upon the defendant, the 7 facility director, the State's Attorney, and the defendant's 8 attorney. If requested by either the State or the defense or 9 if the Court feels it is appropriate, an impartial 10 examination of the defendant by a psychiatrist or clinical 11 psychologist as defined in Section 1-103 of the Mental Health 12 and Developmental Disabilities Code who is not in the employ 13 of the Department of Human Services shall be ordered, and the 14 report considered at the time of the hearing. 15 (g) The findings of the Court shall be established by 16 clear and convincing evidence. The burden of proof and the 17 burden of going forth with the evidence rest with the State 18 when a hearing is held to review the determination of the 19 facility director that the defendant should be transferred to 20 a non-secure setting, discharged or conditionally released. 21 The burden of proof and the burden of going forth with the 22 evidence rest on the defendant when a hearing is held to 23 review a petition filed by or on behalf of such defendant. 24 The evidence shall be presented in open Court with the right 25 of confrontation and cross-examination. 26 (h) If the Court finds that the defendant is no longer 27 in need of mental health services it shall order the facility 28 director to discharge the defendant. If the Court finds that 29 the defendant is in need of mental health services, and no 30 longer in need of inpatient care, it shall order the facility 31 director to release the defendant under such conditions as 32 the Court deems appropriate and as provided by this Section. 33 Such conditional release shall be imposed for a period of 34 five years and shall be subject to later modification by the SB1756 Enrolled -87- LRB9011691RCpc 1 Court as provided by this Section. If the Court finds that 2 the defendant is subject to involuntary admission or in need 3 of mental health services on an inpatient basis, it shall 4 order the facility director not to discharge or release the 5 defendant in accordance with paragraph (b) of this Section. 6 (i) If within the period of the defendant's conditional 7 release, the Court determines, after hearing evidence, that 8 the defendant has not fulfilled the conditions of release, 9 the Court shall order a hearing to be held consistent with 10 the provisions of paragraph (f) and (g) of this Section. At 11 such hearing, if the Court finds that the defendant is 12 subject to involuntary admission or in need of mental health 13 services on an inpatient basis, it shall enter an order 14 remanding him or her to the Department of Human Services or 15 other facility. If the defendant is remanded to the 16 Department of Human Services, he or she shall be placed in a 17 secure setting unless the Court determines that there are 18 compelling reasons that such placement is not necessary. If 19 the Court finds that the defendant continues to be in need 20 of mental health services but not on an inpatient basis, it 21 may modify the conditions of the original release in order to 22 reasonably assure the defendant's satisfactory progress in 23 treatment and his or her safety and the safety of others. In 24 no event shall such conditional release be longer than eight 25 years. Nothing in this Section shall limit a Court's contempt 26 powers or any other powers of a Court. 27 (j) An order of admission under this Section does not 28 affect the remedy of habeas corpus. 29 (k) In the event of a conflict between this Section and 30 the Mental Health and Developmental Disabilities Code or the 31 Mental Health and Developmental Disabilities Confidentiality 32 Act, the provisions of this Section shall govern. 33 (l) This amendatory Act shall apply to all persons who 34 have been found not guilty by reason of insanity and who are SB1756 Enrolled -88- LRB9011691RCpc 1 presently committed to the Department of Mental Health and 2 Developmental Disabilities (now the Department of Human 3 Services). 4 (m) The Clerk of the Court shall, after the entry of an 5 order of transfer to a non-secure setting of the Department 6 of Human Services or discharge or conditional release, 7 transmit a certified copy of the order to the Department of 8 Human Services, and the sheriff of the county from which the 9 defendant was admitted. In cases where the arrest of the 10 defendant or the commission of the offense took place in any 11 municipality with a population of more than 25,000 persons, 12 the Clerk of the Court shall also transmit a certified copy 13 of the order of discharge or conditional release to the 14 proper law enforcement agency for said municipality provided 15 the municipality has requested such notice in writing. 16Proceedings after Acquittal by Reason of Insanity.17(a) After a finding or verdict of not guilty by reason18of insanity under Sections 104-25, 115-3 or 115-4 of The Code19of Criminal Procedure of 1963, the defendant shall be ordered20to the Department of Human Services for an evaluation as to21whether he is subject to involuntary admission or in need of22mental health services. The order shall specify whether the23evaluation shall be conducted on an inpatient or outpatient24basis. If the evaluation is to be conducted on an inpatient25basis, the defendant shall be placed in a secure setting26unless the Court determines that there are compelling reasons27why such placement is not necessary. After the evaluation and28during the period of time required to determine the29appropriate placement, the defendant shall remain in jail.30Upon completion of the placement process the sheriff shall31be notified and shall transport the defendant to the32designated facility.33The Department shall provide the Court with a report of34its evaluation within 30 days of the date of this order. TheSB1756 Enrolled -89- LRB9011691RCpc 1Court shall hold a hearing as provided under the Mental2Health and Developmental Disabilities Code to determine if3the individual is: (a) subject to involuntary admission; (b)4in need of mental health services on an inpatient basis; (c)5in need of mental health services on an outpatient basis; (d)6a person not in need of mental health services. The Court7shall enter its findings.8If the defendant is found to be subject to involuntary9admission or in need of mental health services on an10inpatient care basis, the Court shall order the defendant to11the Department of Human Services. The defendant shall be12placed in a secure setting unless the Court determines that13there are compelling reasons why such placement is not14necessary. Such defendants placed in a secure setting shall15not be permitted outside the facility's housing unit unless16escorted or accompanied by personnel of the Department of17Human Services or with the prior approval of the Court for18unsupervised on-grounds privileges as provided herein. Any19defendant placed in a secure setting pursuant to this20Section, transported to court hearings or other necessary21appointments off facility grounds by personnel of the22Department of Human Services, may be placed in security23devices or otherwise secured during the period of24transportation to assure secure transport of the defendant25and the safety of Department of Human Services personnel and26others. These security measures shall not constitute27restraint as defined in the Mental Health and Developmental28Disabilities Code. If the defendant is found to be in need29of mental health services, but not on an inpatient care30basis, the Court shall conditionally release the defendant,31under such conditions as set forth in this Section as will32reasonably assure the defendant's satisfactory progress in33treatment or rehabilitation and the safety of the defendant34or others. If the Court finds the person not in need ofSB1756 Enrolled -90- LRB9011691RCpc 1mental health services, then the Court shall order the2defendant discharged from custody.3(1) Definitions: For the purposes of this Section:4(A) "Subject to involuntary admission" means: A5defendant has been found not guilty by reason of6insanity; and7(i) who is mentally ill and who because of his8mental illness is reasonably expected to inflict9serious physical harm upon himself or another in the10near future; or11(ii) who is mentally ill and who because of12his illness is unable to provide for his basic13physical needs so as to guard himself from serious14harm.15(B) "In need of mental health services on an16inpatient basis" means: a defendant who has been found17not guilty by reason of insanity who is not subject to18involuntary admission but who is reasonably expected to19inflict serious physical harm upon himself or another and20who would benefit from inpatient care or is in need of21inpatient care.22(C) "In need of mental health services on an23outpatient basis" means: a defendant who has been found24not guilty by reason of insanity who is not subject to25involuntary admission or in need of mental health26services on an inpatient basis, but is in need of27outpatient care, drug and/or alcohol rehabilitation28programs, community adjustment programs, individual,29group, or family therapy, or chemotherapy.30(D) "Conditional Release" means: the release from31either the custody of the Department of Human Services or32the custody of the Court of a person who has been found33not guilty by reason of insanity under such conditions as34the court may impose which reasonably assure theSB1756 Enrolled -91- LRB9011691RCpc 1defendant's satisfactory progress in treatment or2habilitation and the safety of the defendant and others.3The Court shall consider such terms and conditions which4may include, but need not be limited to, outpatient care,5alcoholic and drug rehabilitation programs, community6adjustment programs, individual, group, family, and7chemotherapy, periodic checks with the legal authorities8and/or the Department of Human Services. The person or9facility rendering the outpatient care shall be required10to periodically report to the Court on the progress of11the Defendant. Such conditional release shall be for a12period of five years, unless the defendant, the person or13facility rendering the treatment, therapy, program or14outpatient care, or the State's attorney petitions the15Court for an extension of the conditional release period16for an additional three years. Upon receipt of such a17petition, the Court shall hold a hearing consistent with18the provisions of this paragraph (a) and paragraph (f) of19this Section, shall determine whether the defendant20should continue to be subject to the terms of conditional21release, and shall enter an order either extending the22defendant's period of conditional release for a single23additional three year period or discharging the24defendant. In no event shall the defendant's period of25conditional release exceed eight years. These provisions26for extension of conditional release shall only apply to27defendants conditionally released on or after July 1,281979. However the extension provisions of this amendatory29Act of 1984 apply only to defendants charged with a30forcible felony.31(E) "Facility director" means the chief officer of32a mental health or developmental disabilities facility or33his or her designee or the supervisor of a program of34treatment or habilitation or his or her designee.SB1756 Enrolled -92- LRB9011691RCpc 1"Designee" may include a physician, clinical2psychologist, social worker, or nurse.3(b) If the Court finds the defendant subject to4involuntary admission or in need of mental health services on5an inpatient basis, the admission, detention, care, treatment6or habilitation, review proceedings, and discharge of the7defendant after such order shall be under the Mental Health8and Developmental Disabilities Code, except that the initial9order for admission of a defendant acquitted of a felony by10reason of insanity shall be for an indefinite period of time.11Such period of commitment shall not exceed the maximum length12of time that the defendant would have been required to serve,13less credit for good behavior, before becoming eligible for14release had he been convicted of and received the maximum15sentence for the most serious crime for which he has been16acquitted by reason of insanity. The Court shall determine17the maximum period of commitment by an appropriate order.18During this period of time, the defendant shall not be19permitted to be in the community in any manner, including but20not limited to off-grounds privileges, with or without escort21by personnel of the Department of Human Services,22unsupervised on-grounds privileges, discharge or conditional23or temporary release, except by a plan as provided in this24Section. In no event shall a defendant's continued25unauthorized absence be a basis for discharge. Not more than2630 days after admission and every 60 days thereafter so long27as the initial order remains in effect, the facility director28shall file a treatment plan with the court. Such plan shall29include an evaluation of the defendant's progress and the30extent to which he is benefiting from treatment. Such plan31may also include unsupervised on-grounds privileges,32off-grounds privileges (with or without escort by personnel33of the Department of Human Services), home visits and34participation in work programs, but only where suchSB1756 Enrolled -93- LRB9011691RCpc 1privileges have been approved by specific court order, which2order may include such conditions on the defendant as the3Court may deem appropriate and necessary to reasonably assure4the defendant's satisfactory progress in treatment and the5safety of the defendant and others.6(c) Every defendant acquitted of a felony by reason of7insanity and subsequently found to be subject to involuntary8admission or in need of mental health services shall be9represented by counsel in all proceedings under this Section10and under the Mental Health and Developmental Disabilities11Code.12(1) The court shall appoint as counsel the public13defender or an attorney licensed by this State.14(2) Upon filing with the court of a verified15statement of legal services rendered by the private16attorney appointed pursuant to paragraph (1) of this17subsection, the court shall determine a reasonable fee18for such services. If the defendant is unable to pay the19fee, the court shall enter an order upon the State to pay20the entire fee or such amount as the defendant is unable21to pay from funds appropriated by the General Assembly22for that purpose.23(d) When the facility director determines that:24(1) the defendant is no longer subject to25involuntary admission or in need of mental health26services on an inpatient basis; and27(2) the defendant may be conditionally released28because he or she is still in need of mental health29services or that the defendant may be discharged as not30in need of any mental health services; or31(3) the defendant no longer requires placement in a32secure setting;33the facility director shall give written notice to the Court,34State's Attorney and defense attorney. Such notice shall setSB1756 Enrolled -94- LRB9011691RCpc 1forth in detail the basis for the recommendation of the2facility director, and specify clearly the recommendations,3if any, of the facility director, concerning conditional4release. Within 30 days of the notification by the facility5director, the Court shall set a hearing and make a finding as6to whether the defendant is:7(i) subject to involuntary admission; or8(ii) in need of mental health services in the form9of inpatient care; or10(iii) in need of mental health services but not11subject to involuntary admission or inpatient care; or12(iv) no longer in need of mental health services;13or14(v) no longer requires placement in a secure15setting.16Upon finding by the Court, the Court shall enter its17findings and such appropriate order as provided in subsection18(a) of this Section.19(e) A defendant admitted pursuant to this Section, or20any person on his behalf, may file a petition for transfer21to a non-secure setting within the Department of Human22Services or discharge or conditional release under the23standards of this Section in the court which rendered the24verdict. Upon receipt of a petition for transfer to a25non-secure setting or discharge or conditional release, the26court shall set a hearing to be held within 120 days.27Thereafter, no new petition may be filed for 120 days without28leave of the court.29(f) The court shall direct that notice of the time and30place of the hearing be served upon the defendant, the31facility director, the State's Attorney, and the defendant's32attorney. If requested by either the State or the defense or33if the Court feels it is appropriate, an impartial34examination of the defendant by a psychiatrist or clinicalSB1756 Enrolled -95- LRB9011691RCpc 1psychologist as defined in Section 1-103 of the Mental Health2and Developmental Disabilities Code who is not in the employ3of the Department of Human Services shall be ordered, and the4report considered at the time of the hearing.5(g) The findings of the court shall be established by6clear and convincing evidence. The burden of proof and the7burden of going forth with the evidence rest with the State8when a hearing is held to review the determination of the9facility director that the defendant should be transferred to10a non-secure setting, discharged or conditionally released.11The burden of proof and the burden of going forth with the12evidence rest on the defendant when a hearing is held to13review a petition filed by or on behalf of such defendant.14The evidence shall be presented in open court with the right15of confrontation and cross-examination.16(h) If the court finds that the defendant is no longer17in need of mental health services it shall order the facility18director to discharge the defendant. If the Court finds that19the defendant is in need of mental health services, and no20longer in need of inpatient care, it shall order the facility21director to release the defendant under such conditions as22the Court deems appropriate and as provided by this Section.23Such conditional release shall be imposed for a period of24five years and shall be subject to later modification by the25court as provided by this Section. If the court finds that26the defendant is subject to involuntary admission or in need27of mental health services on an inpatient basis, it shall28order the facility director not to discharge or release the29defendant in accordance with paragraph (b) of this Section.30(i) If within the period of the defendant's conditional31release, the court determines, after hearing evidence, that32the defendant has not fulfilled the conditions of release,33the court shall order a hearing to be held consistent with34the provisions of paragraph (f) and (g) of this section. AtSB1756 Enrolled -96- LRB9011691RCpc 1such hearing, if the court finds that the defendant is2subject to involuntary admission or in need of mental health3services on an inpatient basis, it shall enter an order4remanding him or her to the Department of Human Services or5other facility. If the defendant is remanded to the6Department of Human Services, he or she shall be placed in a7secure setting unless the court determines that there are8compelling reasons that such placement is not necessary. If9the court finds that the defendant continues to be in need10of mental health services but not on an inpatient basis, it11may modify the conditions of the original release in order to12reasonably assure the defendant's satisfactory progress in13treatment and his or her safety and the safety of others. In14no event shall such conditional release be longer than eight15years. Nothing in this Section shall limit a court's contempt16powers or any other powers of a court.17(j) An order of admission under this Section does not18affect the remedy of habeas corpus.19(k) In the event of a conflict between this Section and20the Mental Health and Developmental Disabilities Code or the21Mental Health and Developmental Disabilities Confidentiality22Act, the provisions of this Section shall govern.23(l) This amendatory Act shall apply to all persons who24have been found not guilty by reason of insanity and who are25presently committed to the Department of Mental Health and26Developmental Disabilities (now the Department of Human27Services).28(m) The Clerk of the court shall, after the entry of an29order of transfer to a non-secure setting of the Department30of Human Services or discharge or conditional release,31transmit a certified copy of the order to the Department of32Human Services, and the sheriff of the county from which the33defendant was admitted. In cases where the arrest of the34defendant or the commission of the offense took place in anySB1756 Enrolled -97- LRB9011691RCpc 1municipality with a population of more than 25,000 persons,2the Clerk of the court shall also transmit a certified copy3of the order of discharge or conditional release to the4proper law enforcement agency for said municipality provided5the municipality has requested such notice in writing.6 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97; 7 90-105, eff. 7-11-97.) 8 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 9 Sec. 5-4-1. Sentencing Hearing. 10 (a) Except when the death penalty is sought under 11 hearing procedures otherwise specified, after a determination 12 of guilt, a hearing shall be held to impose the sentence. 13 However, prior to the imposition of sentence on an individual 14 being sentenced for an offense based upon a charge for a 15 violation of Section 11-501 of the Illinois Vehicle Code or a 16 similar provision of a local ordinance, the individual must 17 undergo a professional evaluation to determine if an alcohol 18 or other drug abuse problem exists and the extent of such a 19 problem. Programs conducting these evaluations shall be 20 licensed by the Department of Human Services. However, if 21 the individual is not a resident of Illinois, the court may, 22 in its discretion, accept an evaluation from a program in the 23 state of such individual's residence. The court may in its 24 sentencing order approve an eligible defendant for placement 25 in a Department of Corrections impact incarceration program 26 as provided in Section 5-8-1.1. At the hearing the court 27 shall: 28 (1) consider the evidence, if any, received upon 29 the trial; 30 (2) consider any presentence reports; 31 (3) consider the financial impact of incarceration 32 based on the financial impact statement filed with the 33 clerk of the court by the Department of Corrections; SB1756 Enrolled -98- LRB9011691RCpc 1 (4) consider evidence and information offered by 2 the parties in aggravation and mitigation; 3 (5) hear arguments as to sentencing alternatives; 4 (6) afford the defendant the opportunity to make a 5 statement in his own behalf; 6 (7) afford the victim of a violent crime or a 7 violation of Section 11-501 of the Illinois Vehicle Code, 8 or a similar provision of a local ordinance, committed by 9 the defendant the opportunity to make a statement 10 concerning the impact on the victim and to offer evidence 11 in aggravation or mitigation; provided that the statement 12 and evidence offered in aggravation or mitigation must 13 first be prepared in writing in conjunction with the 14 State's Attorney before it may be presented orally at the 15 hearing. Any sworn testimony offered by the victim is 16 subject to the defendant's right to cross-examine. All 17 statements and evidence offered under this paragraph (7) 18 shall become part of the record of the court; and 19 (8) in cases of reckless homicide afford the 20 victim's spouse, guardians, parents or other immediate 21 family members an opportunity to make oral statements. 22 (b) All sentences shall be imposed by the judge based 23 upon his independent assessment of the elements specified 24 above and any agreement as to sentence reached by the 25 parties. The judge who presided at the trial or the judge 26 who accepted the plea of guilty shall impose the sentence 27 unless he is no longer sitting as a judge in that court. 28 Where the judge does not impose sentence at the same time on 29 all defendants who are convicted as a result of being 30 involved in the same offense, the defendant or the State's 31 Attorney may advise the sentencing court of the disposition 32 of any other defendants who have been sentenced. 33 (c) In imposing a sentence for a violent crime or for an 34 offense of operating or being in physical control of a SB1756 Enrolled -99- LRB9011691RCpc 1 vehicle while under the influence of alcohol, any other drug 2 or any combination thereof, or a similar provision of a local 3 ordinance, when such offense resulted in the personal injury 4 to someone other than the defendant, the trial judge shall 5 specify on the record the particular evidence, information, 6 factors in mitigation and aggravation or other reasons that 7 led to his sentencing determination. The full verbatim record 8 of the sentencing hearing shall be filed with the clerk of 9 the court and shall be a public record. 10 (c-1) In imposing a sentence for the offense of 11 aggravated kidnapping for ransom, home invasion, armed 12 robbery, aggravated vehicular hijacking, aggravated discharge 13 of a firearm, or armed violence with a category I weapon or 14 category II weapon, the trial judge shall make a finding as 15 to whether the conduct leading to conviction for the offense 16 resulted in great bodily harm to a victim, and shall enter 17 that finding and the basis for that finding in the record. 18 (c-2) If the defendant is sentenced to prison, other 19 than when a sentence of natural life imprisonment or a 20 sentence of death is imposed, at the time the sentence is 21 imposed the judge shall state on the record in open court the 22 approximate period of time the defendant will serve in 23 custody according to the then current statutory rules and 24 regulations for early release found in Section 3-6-3 and 25 other related provisions of this Code. This statement is 26 intended solely to inform the public, has no legal effect on 27 the defendant's actual release, and may not be relied on by 28 the defendant on appeal. 29 The judge's statement, to be given after pronouncing the 30 sentence, other than when the sentence is imposed for one of 31 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 32 shall include the following: 33 "The purpose of this statement is to inform the public of 34 the actual period of time this defendant is likely to spend SB1756 Enrolled -100- LRB9011691RCpc 1 in prison as a result of this sentence. The actual period of 2 prison time served is determined by the statutes of Illinois 3 as applied to this sentence by the Illinois Department of 4 Corrections and the Illinois Prisoner Review Board. In this 5 case, assuming the defendant receives all of his or her good 6 conduct credit, the period of estimated actual custody is ... 7 years and ... months, less up to 180 days additional good 8 conduct credit for meritorious service. If the defendant, 9 because of his or her own misconduct or failure to comply 10 with the institutional regulations, does not receive those 11 credits, the actual time served in prison will be longer. 12 The defendant may also receive an additional one-half day 13 good conduct credit for each day of participation in 14 vocational, industry, substance abuse, and educational 15 programs as provided for by Illinois statute." 16 When the sentence is imposed for one of the offenses 17 enumerated in paragraph (a)(3) of Section 3-6-3, other than 18 when the sentence is imposed for one of the offenses 19 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 20 or after the effective date of this amendatory Act of 1998, 21 the judge's statement, to be given after pronouncing the 22 sentence, shall include the following: 23 "The purpose of this statement is to inform the public of 24 the actual period of time this defendant is likely to spend 25 in prison as a result of this sentence. The actual period of 26 prison time served is determined by the statutes of Illinois 27 as applied to this sentence by the Illinois Department of 28 Corrections and the Illinois Prisoner Review Board. In this 29 case, assuming the defendant receives all of his or her good 30 conduct credit, the period of estimated actual custody is ... 31 years and ... months, less up to 90 days additional good 32 conduct credit for meritorious service. If the defendant, 33 because of his or her own misconduct or failure to comply 34 with the institutional regulations, does not receive those SB1756 Enrolled -101- LRB9011691RCpc 1 credits, the actual time served in prison will be longer. 2 The defendant may also receive an additional one-half day 3 good conduct credit for each day of participation in 4 vocational, industry, substance abuse, and educational 5 programs as provided for by Illinois statute." 6 When the sentence is imposed for one of the offenses 7 enumerated in paragraph (a)(2) of Section 3-6-3, other than 8 first degree murder, and the offense was committed on or 9 after the effective date of this amendatory Act of 1998, the 10 judge's statement, to be given after pronouncing the 11 sentence, shall include the following: 12 "The purpose of this statement is to inform the public of 13 the actual period of time this defendant is likely to spend 14 in prison as a result of this sentence. The actual period of 15 prison time served is determined by the statutes of Illinois 16 as applied to this sentence by the Illinois Department of 17 Corrections and the Illinois Prisoner Review Board. In this 18 case, the defendant is entitled to no more than 4 1/2 days of 19 good conduct credit for each month of his or her sentence of 20 imprisonment. Therefore, this defendant will serve at least 21 85% of his or her sentence. Assuming the defendant receives 22 4 1/2 days credit for each month of his or her sentence, the 23 period of estimated actual custody is ... years and ... 24 months. If the defendant, because of his or her own 25 misconduct or failure to comply with the institutional 26 regulations receives lesser credit, the actual time served in 27 prison will be longer." 28 When a sentence of imprisonment is imposed for first 29 degree murder and the offense was committed on or after the 30 effective date of this amendatory Act of 1998, the judge's 31 statement, to be given after pronouncing the sentence, shall 32 include the following: 33 "The purpose of this statement is to inform the public of 34 the actual period of time this defendant is likely to spend SB1756 Enrolled -102- LRB9011691RCpc 1 in prison as a result of this sentence. The actual period of 2 prison time served is determined by the statutes of Illinois 3 as applied to this sentence by the Illinois Department of 4 Corrections and the Illinois Prisoner Review Board. In this 5 case, the defendant is not entitled to good conduct credit. 6 Therefore, this defendant will serve 100% of his or her 7 sentence." 8 (d) When the defendant is committed to the Department of 9 Corrections, the State's Attorney shall and counsel for the 10 defendant may file a statement with the clerk of the court to 11 be transmitted to the department, agency or institution to 12 which the defendant is committed to furnish such department, 13 agency or institution with the facts and circumstances of the 14 offense for which the person was committed together with all 15 other factual information accessible to them in regard to the 16 person prior to his commitment relative to his habits, 17 associates, disposition and reputation and any other facts 18 and circumstances which may aid such department, agency or 19 institution during its custody of such person. The clerk 20 shall within 10 days after receiving any such statements 21 transmit a copy to such department, agency or institution and 22 a copy to the other party, provided, however, that this shall 23 not be cause for delay in conveying the person to the 24 department, agency or institution to which he has been 25 committed. 26 (e) The clerk of the court shall transmit to the 27 department, agency or institution, if any, to which the 28 defendant is committed, the following: 29 (1) the sentence imposed; 30 (2) any statement by the court of the basis for 31 imposing the sentence; 32 (3) any presentence reports; 33 (4) the number of days, if any, which the defendant 34 has been in custody and for which he is entitled to SB1756 Enrolled -103- LRB9011691RCpc 1 credit against the sentence, which information shall be 2 provided to the clerk by the sheriff; 3 (4.1) any finding of great bodily harm made by the 4 court with respect to an offense enumerated in subsection 5 (c-1); 6 (5) all statements filed under subsection (d) of 7 this Section; 8 (6) any medical or mental health records or 9 summaries of the defendant; 10 (7) the municipality where the arrest of the 11 offender or the commission of the offense has occurred, 12 where such municipality has a population of more than 13 25,000 persons; 14 (8) all statements made and evidence offered under 15 paragraph (7) of subsection (a) of this Section; and 16 (9) all additional matters which the court directs 17 the clerk to transmit.Sentencing Hearing.18(a) Except when the death penalty is sought under19hearing procedures otherwise specified, after a determination20of guilt, a hearing shall be held to impose the sentence.21However, prior to the imposition of sentence on an individual22being sentenced for an offense based upon a charge for a23violation of Section 11-501 of the Illinois Vehicle Code or a24similar provision of a local ordinance, the individual must25undergo a professional evaluation to determine if an alcohol26or other drug abuse problem exists and the extent of such a27problem. Programs conducting these evaluations shall be28licensed by the Department of Human Services. However, if29the individual is not a resident of Illinois, the court may,30in its discretion, accept an evaluation from a program in the31state of such individual's residence. The court may in its32sentencing order approve an eligible defendant for placement33in a Department of Corrections impact incarceration program34as provided in Section 5-8-1.1. At the hearing the courtSB1756 Enrolled -104- LRB9011691RCpc 1shall:2(1) consider the evidence, if any, received upon3the trial;4(2) consider any presentence reports;5(3) consider the financial impact of incarceration6based on the financial impact statement filed with the7clerk of the court by the Department of Corrections;8(4) consider evidence and information offered by9the parties in aggravation and mitigation;10(5) hear arguments as to sentencing alternatives;11(6) afford the defendant the opportunity to make a12statement in his own behalf;13(7) afford the victim of a violent crime or a14violation of Section 11-501 of the Illinois Vehicle Code,15or a similar provision of a local ordinance, committed by16the defendant the opportunity to make a statement17concerning the impact on the victim and to offer evidence18in aggravation or mitigation; provided that the statement19and evidence offered in aggravation or mitigation must20first be prepared in writing in conjunction with the21State's Attorney before it may be presented orally at the22hearing. Any sworn testimony offered by the victim is23subject to the defendant's right to cross-examine. All24statements and evidence offered under this paragraph (7)25shall become part of the record of the court; and26(8) in cases of reckless homicide afford the27victim's spouse, guardians, parents or other immediate28family members an opportunity to make oral statements.29(b) All sentences shall be imposed by the judge based30upon his independent assessment of the elements specified31above and any agreement as to sentence reached by the32parties. The judge who presided at the trial or the judge33who accepted the plea of guilty shall impose the sentence34unless he is no longer sitting as a judge in that court.SB1756 Enrolled -105- LRB9011691RCpc 1Where the judge does not impose sentence at the same time on2all defendants who are convicted as a result of being3involved in the same offense, the defendant or the State's4attorney may advise the sentencing court of the disposition5of any other defendants who have been sentenced.6(c) In imposing a sentence for a violent crime or for an7offense of operating or being in physical control of a8vehicle while under the influence of alcohol, any other drug9or any combination thereof, or a similar provision of a local10ordinance, when such offense resulted in the personal injury11to someone other than the defendant, the trial judge shall12specify on the record the particular evidence, information,13factors in mitigation and aggravation or other reasons that14led to his sentencing determination. The full verbatim record15of the sentencing hearing shall be filed with the clerk of16the court and shall be a public record.17(c-1) In imposing a sentence for the offense of18aggravated kidnapping for ransom, home invasion, armed19robbery, aggravated vehicular hijacking, aggravated discharge20of a firearm, or armed violence with a category I weapon or21category II weapon, the trial judge shall make a finding as22to whether the conduct leading to conviction for the offense23resulted in great bodily harm to a victim, and shall enter24that finding and the basis for that finding in the record.25(c-2) If the defendant is sentenced to prison, other26than when a sentence of natural life imprisonment or a27sentence of death is imposed, at the time the sentence is28imposed the judge shall state on the record in open court the29approximate period of time the defendant will serve in30custody according to the then current statutory rules and31regulations for early release found in Section 3-6-3 and32other related provisions of this Code. This statement is33intended solely to inform the public, has no legal effect on34the defendant's actual release, and may not be relied on bySB1756 Enrolled -106- LRB9011691RCpc 1the defendant on appeal.2The judge's statement, to be given after pronouncing the3sentence, other than when the sentence is imposed for one of4the offenses enumerated in paragraph (a)(3) of Section 3-6-3,5shall include the following:6"The purpose of this statement is to inform the public of7the actual period of time this defendant is likely to spend8in prison as a result of this sentence. The actual period of9prison time served is determined by the statutes of Illinois10as applied to this sentence by the Illinois Department of11Corrections and the Illinois Prisoner Review Board. In this12case, assuming the defendant receives all of his or her good13conduct credit, the period of estimated actual custody is ...14years and ... months, less up to 180 days additional good15conduct credit for meritorious service. If the defendant,16because of his or her own misconduct or failure to comply17with the institutional regulations, does not receive those18credits, the actual time served in prison will be longer.19The defendant may also receive an additional one-half day20good conduct credit for each day of participation in21vocational, industry, substance abuse, and educational22programs as provided for by Illinois statute."23When the sentence is imposed for one of the offenses24enumerated in paragraph (a)(3) of Section 3-6-3, other than25when the sentence is imposed for one of the offenses26enumerated in paragraph (a)(2) of Section 3-6-3 committed on27or after the effective date of this amendatory Act of 1995,28the judge's statement, to be given after pronouncing the29sentence, shall include the following:30"The purpose of this statement is to inform the public of31the actual period of time this defendant is likely to spend32in prison as a result of this sentence. The actual period of33prison time served is determined by the statutes of Illinois34as applied to this sentence by the Illinois Department ofSB1756 Enrolled -107- LRB9011691RCpc 1Corrections and the Illinois Prisoner Review Board. In this2case, assuming the defendant receives all of his or her good3conduct credit, the period of estimated actual custody is ...4years and ... months, less up to 90 days additional good5conduct credit for meritorious service. If the defendant,6because of his or her own misconduct or failure to comply7with the institutional regulations, does not receive those8credits, the actual time served in prison will be longer.9The defendant may also receive an additional one-half day10good conduct credit for each day of participation in11vocational, industry, substance abuse, and educational12programs as provided for by Illinois statute."13When the sentence is imposed for one of the offenses14enumerated in paragraph (a)(2) of Section 3-6-3, other than15first degree murder, and the offense was committed on or16after the effective date of this amendatory Act of 1995, the17judge's statement, to be given after pronouncing the18sentence, shall include the following:19"The purpose of this statement is to inform the public of20the actual period of time this defendant is likely to spend21in prison as a result of this sentence. The actual period of22prison time served is determined by the statutes of Illinois23as applied to this sentence by the Illinois Department of24Corrections and the Illinois Prisoner Review Board. In this25case, the defendant is entitled to no more than 4 1/2 days of26good conduct credit for each month of his or her sentence of27imprisonment. Therefore, this defendant will serve at least2885% of his or her sentence. Assuming the defendant receives294 1/2 days credit for each month of his or her sentence, the30period of estimated actual custody is ... years and ...31months. If the defendant, because of his or her own32misconduct or failure to comply with the institutional33regulations receives lesser credit, the actual time served in34prison will be longer."SB1756 Enrolled -108- LRB9011691RCpc 1When a sentence of imprisonment is imposed for first2degree murder and the offense was committed on or after the3effective date of this amendatory Act of 1995, the judge's4statement, to be given after pronouncing the sentence, shall5include the following:6"The purpose of this statement is to inform the public of7the actual period of time this defendant is likely to spend8in prison as a result of this sentence. The actual period of9prison time served is determined by the statutes of Illinois10as applied to this sentence by the Illinois Department of11Corrections and the Illinois Prisoner Review Board. In this12case, the defendant is not entitled to good conduct credit.13Therefore, this defendant will serve 100% of his or her14sentence."15(d) When the defendant is committed to the Department of16Corrections, the State's Attorney shall and counsel for the17defendant may file a statement with the clerk of the court to18be transmitted to the department, agency or institution to19which the defendant is committed to furnish such department,20agency or institution with the facts and circumstances of the21offense for which the person was committed together with all22other factual information accessible to them in regard to the23person prior to his commitment relative to his habits,24associates, disposition and reputation and any other facts25and circumstances which may aid such department, agency or26institution during its custody of such person. The clerk27shall within 10 days after receiving any such statements28transmit a copy to such department, agency or institution and29a copy to the other party, provided, however, that this shall30not be cause for delay in conveying the person to the31department, agency or institution to which he has been32committed.33(e) The clerk of the court shall transmit to the34department, agency or institution, if any, to which theSB1756 Enrolled -109- LRB9011691RCpc 1defendant is committed, the following:2(1) the sentence imposed;3(2) any statement by the court of the basis for4imposing the sentence;5(3) any presentence reports;6(4) the number of days, if any, which the defendant7has been in custody and for which he is entitled to8credit against the sentence, which information shall be9provided to the clerk by the sheriff;10(4.1) any finding of great bodily harm made by the11court with respect to an offense enumerated in subsection12(c-1);13(5) all statements filed under subsection (d) of14this Section;15(6) any medical or mental health records or16summaries of the defendant;17(7) the municipality where the arrest of the18offender or the commission of the offense has occurred,19where such municipality has a population of more than2025,000 persons;21(8) all statements made and evidence offered under22paragraph (7) of subsection (a) of this Section; and23(9) all additional matters which the court directs24the clerk to transmit.25 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.) 26 Section 45. Section 12-903.5 of the Code of Civil 27 Procedure is amended as follows: 28 (735 ILCS 5/12-903.5) 29 Sec. 12-903.5. Drug asset forfeitures. 30 (a) The homestead exemption under this Part 9 of Article 31 XII does not apply to property subject to forfeiture under 32 Section 505 of the Illinois Controlled Substances Act, SB1756 Enrolled -110- LRB9011691RCpc 1 Section 12 of the Cannabis Control Act, or Section 5 of the 2 Narcotics Profit Forfeiture Act. 3 (b) This Section applies to actions pending on or 4 commenced on or after the effective date of this Section. 5Drug asset forfeitures.6(a) The homestead exemption under this Part 9 of Article7XII does not apply to property subject to forfeiture under8Section 505 of the Illinois Controlled Substances Act,9Section 12 of the Cannabis Control Act, or Section 5 of the10Narcotics Profit Forfeiture Act.11(b) This Section applies to actions pending on or12commenced on or after the effective date of this amendatory13Act of 1995.14 (Source: P.A. 89-404, eff. 8-20-95.) 15 Section 95. Severability. The provisions of this Act 16 are severable under Section 1.31 of the Statute on Statutes. 17 Section 99. Effective date. This Act takes effect upon 18 becoming law, except that the amendatory changes to Sec. 18-5 19 of the Criminal Code of 1961 take effect January 1, 1999.