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91_HB2834
LRB9104664RCdvA
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-14-2 and 5-8-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-14-2 and 5-8-1 as follows:
7 (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
8 Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
9 Release and Release by Statute.
10 (a) The Department shall retain custody of all persons
11 placed on parole or mandatory supervised release or released
12 pursuant to Section 3-3-10 of this Code and shall supervise
13 such persons during their parole or release period in accord
14 with the conditions set by the Prisoner Review Board. Such
15 conditions shall include referral to an alcohol or drug abuse
16 treatment program, as appropriate, if such person has
17 previously been identified as having an alcohol or drug abuse
18 problem. Such conditions may include that the person use an
19 approved electronic monitoring device subject to Article 8A
20 of Chapter V.
21 (b) The Department shall assign personnel to assist
22 persons eligible for parole in preparing a parole plan. Such
23 Department personnel shall make a report of their efforts and
24 findings to the Prisoner Review Board prior to its
25 consideration of the case of such eligible person. Each
26 supervising officer may only be assigned 150 parolees or
27 releasees.
28 (c) A copy of the conditions of his parole or release
29 shall be signed by the parolee or releasee and given to him
30 and to his supervising officer who shall report on his
31 progress under the rules and regulations of the Prisoner
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1 Review Board. The supervising officer shall report violations
2 to the Prisoner Review Board and shall have the full power of
3 peace officers in the arrest and retaking of any parolees or
4 releasees or the officer may request the Department to issue
5 a warrant for the arrest of any parolee or releasee who has
6 allegedly violated his parole or release conditions. If the
7 parolee or releasee commits an act that constitutes a felony
8 using a firearm or knife, the officer shall request the
9 Department to issue a warrant and the Department shall issue
10 the warrant and the officer or the Department shall file a
11 violation report with notice of charges with the Prisoner
12 Review Board. A sheriff or other peace officer may detain an
13 alleged parole or release violator until a warrant for his
14 return to the Department can be issued. The parolee or
15 releasee may be delivered to any secure place until he can be
16 transported to the Department.
17 (d) The supervising officer shall regularly advise and
18 consult with the parolee or releasee, assist him in adjusting
19 to community life, inform him of the restoration of his
20 rights on successful completion of sentence under Section
21 5-5-5.
22 (e) Supervising officers shall receive specialized
23 training in the special needs of female releasees or parolees
24 including the family reunification process. Supervising
25 officers must meet uniform professional standards and ongoing
26 in-service training as established by the Department.
27 (f) The supervising officer shall keep such records as
28 the Prisoner Review Board or Department may require. All
29 records shall be entered in the master file of the
30 individual.
31 (Source: P.A. 86-661; 86-1281; 87-855.)
32 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
33 Sec. 5-8-1. Sentence of Imprisonment for Felony.
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1 (a) Except as otherwise provided in the statute defining
2 the offense, a sentence of imprisonment for a felony shall be
3 a determinate sentence set by the court under this Section,
4 according to the following limitations:
5 (1) for first degree murder,
6 (a) a term shall be not less than 20 years and
7 not more than 60 years, or
8 (b) if the court finds that the murder was
9 accompanied by exceptionally brutal or heinous
10 behavior indicative of wanton cruelty or, except as
11 set forth in subsection (a)(1)(c) of this Section,
12 that any of the aggravating factors listed in
13 subsection (b) of Section 9-1 of the Criminal Code
14 of 1961 are present, the court may sentence the
15 defendant to a term of natural life imprisonment, or
16 (c) the court shall sentence the defendant to
17 a term of natural life imprisonment when the death
18 penalty is not imposed if the defendant,
19 (i) has previously been convicted of
20 first degree murder under any state or federal
21 law, or
22 (ii) is a person who, at the time of the
23 commission of the murder, had attained the age
24 of 17 or more and is found guilty of murdering
25 an individual under 12 years of age; or,
26 irrespective of the defendant's age at the time
27 of the commission of the offense, is found
28 guilty of murdering more than one victim, or
29 (iii) is found guilty of murdering a
30 peace officer or fireman when the peace officer
31 or fireman was killed in the course of
32 performing his official duties, or to prevent
33 the peace officer or fireman from performing
34 his official duties, or in retaliation for the
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1 peace officer or fireman performing his
2 official duties, and the defendant knew or
3 should have known that the murdered individual
4 was a peace officer or fireman, or
5 (iv) is found guilty of murdering an
6 employee of an institution or facility of the
7 Department of Corrections, or any similar local
8 correctional agency, when the employee was
9 killed in the course of performing his official
10 duties, or to prevent the employee from
11 performing his official duties, or in
12 retaliation for the employee performing his
13 official duties, or
14 (v) is found guilty of murdering an
15 emergency medical technician - ambulance,
16 emergency medical technician - intermediate,
17 emergency medical technician - paramedic,
18 ambulance driver or other medical assistance or
19 first aid person while employed by a
20 municipality or other governmental unit when
21 the person was killed in the course of
22 performing official duties or to prevent the
23 person from performing official duties or in
24 retaliation for performing official duties and
25 the defendant knew or should have known that
26 the murdered individual was an emergency
27 medical technician - ambulance, emergency
28 medical technician - intermediate, emergency
29 medical technician - paramedic, ambulance
30 driver, or other medical assistant or first aid
31 personnel, or
32 (vi) is a person who, at the time of the
33 commission of the murder, had not attained the
34 age of 17, and is found guilty of murdering a
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1 person under 12 years of age and the murder is
2 committed during the course of aggravated
3 criminal sexual assault, criminal sexual
4 assault, or aggravated kidnaping, or
5 (vii) is found guilty of first degree
6 murder and the murder was committed by reason
7 of any person's activity as a community
8 policing volunteer or to prevent any person
9 from engaging in activity as a community
10 policing volunteer. For the purpose of this
11 Section, "community policing volunteer" has the
12 meaning ascribed to it in Section 2-3.5 of the
13 Criminal Code of 1961.
14 For purposes of clause (v), "emergency medical
15 technician - ambulance", "emergency medical
16 technician - intermediate", "emergency medical
17 technician - paramedic", have the meanings ascribed
18 to them in the Emergency Medical Services (EMS)
19 Systems Act.
20 (1.5) for second degree murder, a term shall be not
21 less than 4 years and not more than 20 years;
22 (2) for a person adjudged a habitual criminal under
23 Article 33B of the Criminal Code of 1961, as amended, the
24 sentence shall be a term of natural life imprisonment;
25 (2.5) for a person convicted under the
26 circumstances described in paragraph (3) of subsection
27 (b) of Section 12-13, paragraph (2) of subsection (d) of
28 Section 12-14, or paragraph (2) of subsection (b) of
29 Section 12-14.1 of the Criminal Code of 1961, the
30 sentence shall be a term of natural life imprisonment;
31 (3) except as otherwise provided in the statute
32 defining the offense, for a Class X felony, the sentence
33 shall be not less than 6 years and not more than 30
34 years;
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1 (4) for a Class 1 felony, other than second degree
2 murder, the sentence shall be not less than 4 years and
3 not more than 15 years;
4 (5) for a Class 2 felony, the sentence shall be not
5 less than 3 years and not more than 7 years;
6 (6) for a Class 3 felony, the sentence shall be not
7 less than 2 years and not more than 5 years;
8 (7) for a Class 4 felony, the sentence shall be not
9 less than 1 year and not more than 3 years.
10 (b) The sentencing judge in each felony conviction shall
11 set forth his reasons for imposing the particular sentence he
12 enters in the case, as provided in Section 5-4-1 of this
13 Code. Those reasons may include any mitigating or
14 aggravating factors specified in this Code, or the lack of
15 any such circumstances, as well as any other such factors as
16 the judge shall set forth on the record that are consistent
17 with the purposes and principles of sentencing set out in
18 this Code.
19 (c) A motion to reduce a sentence may be made, or the
20 court may reduce a sentence without motion, within 30 days
21 after the sentence is imposed. A defendant's challenge to
22 the correctness of a sentence or to any aspect of the
23 sentencing hearing shall be made by a written motion filed
24 within 30 days following the imposition of sentence.
25 However, the court may not increase a sentence once it is
26 imposed.
27 If a motion filed pursuant to this subsection is timely
28 filed within 30 days after the sentence is imposed, the
29 proponent of the motion shall exercise due diligence in
30 seeking a determination on the motion and the court shall
31 thereafter decide such motion within a reasonable time.
32 If a motion filed pursuant to this subsection is timely
33 filed within 30 days after the sentence is imposed, then for
34 purposes of perfecting an appeal, a final judgment shall not
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1 be considered to have been entered until the motion to reduce
2 a sentence has been decided by order entered by the trial
3 court.
4 A motion filed pursuant to this subsection shall not be
5 considered to have been timely filed unless it is filed with
6 the circuit court clerk within 30 days after the sentence is
7 imposed together with a notice of motion, which notice of
8 motion shall set the motion on the court's calendar on a date
9 certain within a reasonable time after the date of filing.
10 (d) Except where a term of natural life is imposed,
11 every sentence shall include as though written therein a term
12 in addition to the term of imprisonment. For those sentenced
13 under the law in effect prior to February 1, 1978, such term
14 shall be identified as a parole term. For those sentenced on
15 or after February 1, 1978, such term shall be identified as a
16 mandatory supervised release term. Subject to earlier
17 termination under Section 3-3-8, the parole or mandatory
18 supervised release term shall be as follows:
19 (1) for first degree murder or a Class X felony, 3
20 years or one-fourth of the time the defendant served in a
21 term of imprisonment whichever is greater;
22 (2) for a Class 1 felony or a Class 2 felony, 2
23 years or one-fourth of the time the defendant served in a
24 term of imprisonment whichever is greater;
25 (3) for a Class 3 felony or a Class 4 felony, 1
26 year or one-fourth of the time the defendant served in a
27 term of imprisonment whichever is greater.
28 (e) A defendant who has a previous and unexpired
29 sentence of imprisonment imposed by another state or by any
30 district court of the United States and who, after sentence
31 for a crime in Illinois, must return to serve the unexpired
32 prior sentence may have his sentence by the Illinois court
33 ordered to be concurrent with the prior sentence in the other
34 state. The court may order that any time served on the
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1 unexpired portion of the sentence in the other state, prior
2 to his return to Illinois, shall be credited on his Illinois
3 sentence. The other state shall be furnished with a copy of
4 the order imposing sentence which shall provide that, when
5 the offender is released from confinement of the other state,
6 whether by parole or by termination of sentence, the offender
7 shall be transferred by the Sheriff of the committing county
8 to the Illinois Department of Corrections. The court shall
9 cause the Department of Corrections to be notified of such
10 sentence at the time of commitment and to be provided with
11 copies of all records regarding the sentence.
12 (f) A defendant who has a previous and unexpired
13 sentence of imprisonment imposed by an Illinois circuit court
14 for a crime in this State and who is subsequently sentenced
15 to a term of imprisonment by another state or by any district
16 court of the United States and who has served a term of
17 imprisonment imposed by the other state or district court of
18 the United States, and must return to serve the unexpired
19 prior sentence imposed by the Illinois Circuit Court may
20 apply to the court which imposed sentence to have his
21 sentence reduced.
22 The circuit court may order that any time served on the
23 sentence imposed by the other state or district court of the
24 United States be credited on his Illinois sentence. Such
25 application for reduction of a sentence under this
26 subsection (f) shall be made within 30 days after the
27 defendant has completed the sentence imposed by the other
28 state or district court of the United States.
29 (Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95;
30 89-462, eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff.
31 1-1-99.)