State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]


92_HB1961

 
                                              LRB9203377RCcdA

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Unified Code  of Corrections is amended by
 5    changing Section 5-4-1 and adding Section 5-8-1.3 as follows:

 6        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
 7        Sec. 5-4-1.  Sentencing Hearing.
 8        (a)  Except  when  the  death  penalty  is  sought  under
 9    hearing procedures otherwise specified, after a determination
10    of  guilt,  a  hearing  shall be held to impose the sentence.
11    However, prior to the imposition of sentence on an individual
12    being sentenced for an offense based  upon  a  charge  for  a
13    violation of Section 11-501 of the Illinois Vehicle Code or a
14    similar  provision  of a local ordinance, the individual must
15    undergo a professional evaluation to determine if an  alcohol
16    or  other  drug abuse problem exists and the extent of such a
17    problem.  Programs  conducting  these  evaluations  shall  be
18    licensed  by  the  Department of Human Services.  However, if
19    the individual is not a resident of Illinois, the court  may,
20    in its discretion, accept an evaluation from a program in the
21    state  of  such  individual's residence. The court may in its
22    sentencing order approve an eligible defendant for  placement
23    in  a  Department of Corrections impact incarceration program
24    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
25    the court shall:
26             (1)  consider  the  evidence,  if any, received upon
27        the trial;
28             (2)  consider any presentence reports;
29             (3)  consider the financial impact of  incarceration
30        based  on  the  financial impact statement filed with the
31        clerk of the court by the Department of Corrections;
 
                            -2-               LRB9203377RCcdA
 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,  or a
 9        qualified individual affected by a violation  of  Section
10        405,  405.1,  405.2,  or  407  of the Illinois Controlled
11        Substances  Act,   committed   by   the   defendant   the
12        opportunity  to make a statement concerning the impact on
13        the victim  and  to  offer  evidence  in  aggravation  or
14        mitigation;  provided  that  the  statement  and evidence
15        offered  in  aggravation  or  mitigation  must  first  be
16        prepared in  writing  in  conjunction  with  the  State's
17        Attorney  before  it  may  be  presented  orally  at  the
18        hearing.  Any  sworn  testimony  offered by the victim is
19        subject to the defendant's right  to  cross-examine.  All
20        statements  and evidence offered under this paragraph (7)
21        shall become part of the record of the  court.   For  the
22        purpose  of  this  paragraph  (7), "qualified individual"
23        means any person who  (i)  lived  or  worked  within  the
24        territorial  jurisdiction  where  the  offense took place
25        when the offense took place; and (ii)  is  familiar  with
26        various public places within the territorial jurisdiction
27        where the offense took place when the offense took place.
28        For  the  purposes  of  this  paragraph  (7),  "qualified
29        individual"  includes any peace officer, or any member of
30        any duly organized State, county, or municipal peace unit
31        assigned  to  the  territorial  jurisdiction  where   the
32        offense took place when the offense took place; and
33             (8)  in   cases  of  reckless  homicide  afford  the
34        victim's spouse, guardians, parents  or  other  immediate
 
                            -3-               LRB9203377RCcdA
 1        family members an opportunity to make oral statements.
 2        (b)  All  sentences  shall  be imposed by the judge based
 3    upon his independent assessment  of  the  elements  specified
 4    above  and  any  agreement  as  to  sentence  reached  by the
 5    parties.  The judge who presided at the trial  or  the  judge
 6    who  accepted  the  plea  of guilty shall impose the sentence
 7    unless he is no longer sitting as  a  judge  in  that  court.
 8    Where  the judge does not impose sentence at the same time on
 9    all defendants  who  are  convicted  as  a  result  of  being
10    involved  in  the  same offense, the defendant or the State's
11    Attorney may advise the sentencing court of  the  disposition
12    of any other defendants who have been sentenced.
13        (c)  In imposing a sentence for a violent crime or for an
14    offense  of  operating  or  being  in  physical  control of a
15    vehicle while under the influence of alcohol, any other  drug
16    or any combination thereof, or a similar provision of a local
17    ordinance,  when such offense resulted in the personal injury
18    to someone other than the defendant, the  trial  judge  shall
19    specify  on  the record the particular evidence, information,
20    factors in mitigation and aggravation or other  reasons  that
21    led to his sentencing determination. The full verbatim record
22    of  the  sentencing  hearing shall be filed with the clerk of
23    the court and shall be a public record.
24        (c-1)  In  imposing  a  sentence  for  the   offense   of
25    aggravated   kidnapping  for  ransom,  home  invasion,  armed
26    robbery, aggravated vehicular hijacking, aggravated discharge
27    of a firearm, or armed violence with a category I  weapon  or
28    category  II  weapon, the trial judge shall make a finding as
29    to whether the conduct leading to conviction for the  offense
30    resulted  in  great  bodily harm to a victim, and shall enter
31    that finding and the basis for that finding in the record.
32        (c-2)  If the defendant is  sentenced  to  prison,  other
33    than  when  a  sentence  of  natural  life  imprisonment or a
34    sentence of death is imposed, at the  time  the  sentence  is
 
                            -4-               LRB9203377RCcdA
 1    imposed the judge shall state on the record in open court the
 2    approximate  period  of  time  the  defendant  will  serve in
 3    custody according to the then  current  statutory  rules  and
 4    regulations  for  early  release  found  in Section 3-6-3 and
 5    other related provisions of this  Code.   This  statement  is
 6    intended  solely to inform the public, has no legal effect on
 7    the defendant's actual release, and may not be relied  on  by
 8    the defendant on appeal.
 9        The  judge's statement, to be given after pronouncing the
10    sentence, other than when the sentence is imposed for one  of
11    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
12    shall include the following:
13        "The purpose of this statement is to inform the public of
14    the  actual  period of time this defendant is likely to spend
15    in prison as a result of this sentence.  The actual period of
16    prison time served is determined by the statutes of  Illinois
17    as  applied  to  this  sentence by the Illinois Department of
18    Corrections and the Illinois Prisoner Review Board.  In  this
19    case,  assuming the defendant receives all of his or her good
20    conduct credit, the period of estimated actual custody is ...
21    years and ... months, less up to  180  days  additional  good
22    conduct  credit  for  meritorious service.  If the defendant,
23    because of his or her own misconduct  or  failure  to  comply
24    with  the  institutional  regulations, does not receive those
25    credits, the actual time served in  prison  will  be  longer.
26    The  defendant  may  also  receive an additional one-half day
27    good  conduct  credit  for  each  day  of  participation   in
28    vocational,   industry,   substance  abuse,  and  educational
29    programs as provided for by Illinois statute."
30        When the sentence is imposed  for  one  of  the  offenses
31    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
32    when  the  sentence  is  imposed  for  one  of  the  offenses
33    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
34    or  after  June 19, 1998, and other than when the sentence is
 
                            -5-               LRB9203377RCcdA
 1    imposed for reckless homicide as defined in subsection (e) of
 2    Section 9-3 of the Criminal Code of 1961 if the  offense  was
 3    committed on or after January 1, 1999, the judge's statement,
 4    to be given after pronouncing the sentence, shall include the
 5    following:
 6        "The purpose of this statement is to inform the public of
 7    the  actual  period of time this defendant is likely to spend
 8    in prison as a result of this sentence.  The actual period of
 9    prison time served is determined by the statutes of  Illinois
10    as  applied  to  this  sentence by the Illinois Department of
11    Corrections and the Illinois Prisoner Review Board.  In  this
12    case,  assuming the defendant receives all of his or her good
13    conduct credit, the period of estimated actual custody is ...
14    years and ... months, less up  to  90  days  additional  good
15    conduct  credit  for  meritorious service.  If the defendant,
16    because of his or her own misconduct  or  failure  to  comply
17    with  the  institutional  regulations, does not receive those
18    credits, the actual time served in  prison  will  be  longer.
19    The  defendant  may  also  receive an additional one-half day
20    good  conduct  credit  for  each  day  of  participation   in
21    vocational,   industry,   substance  abuse,  and  educational
22    programs as provided for by Illinois statute."
23        When the sentence is imposed  for  one  of  the  offenses
24    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
25    first degree murder, and the  offense  was  committed  on  or
26    after  June  19,  1998,  and when the sentence is imposed for
27    reckless homicide as defined in subsection (e) of Section 9-3
28    of the Criminal Code of 1961 if the offense was committed  on
29    or  after January 1, 1999, the judge's statement, to be given
30    after pronouncing the sentence, shall include the following:
31        "The purpose of this statement is to inform the public of
32    the actual period of time this defendant is likely  to  spend
33    in prison as a result of this sentence.  The actual period of
34    prison  time served is determined by the statutes of Illinois
 
                            -6-               LRB9203377RCcdA
 1    as applied to this sentence by  the  Illinois  Department  of
 2    Corrections  and the Illinois Prisoner Review Board.  In this
 3    case, the defendant is entitled to no more than 4 1/2 days of
 4    good conduct credit for each month of his or her sentence  of
 5    imprisonment.   Therefore, this defendant will serve at least
 6    85% of his or her sentence.  Assuming the defendant  receives
 7    4  1/2 days credit for each month of his or her sentence, the
 8    period of estimated actual  custody  is  ...  years  and  ...
 9    months.   If  the  defendant,  because  of  his  or  her  own
10    misconduct  or  failure  to  comply  with  the  institutional
11    regulations receives lesser credit, the actual time served in
12    prison will be longer."
13        When  a  sentence  of  imprisonment  is imposed for first
14    degree murder and the offense was committed on or after  June
15    19,   1998,   the   judge's  statement,  to  be  given  after
16    pronouncing the sentence, shall include the following:
17        "The purpose of this statement is to inform the public of
18    the actual period of time this defendant is likely  to  spend
19    in prison as a result of this sentence.  The actual period of
20    prison  time served is determined by the statutes of Illinois
21    as applied to this sentence by  the  Illinois  Department  of
22    Corrections  and the Illinois Prisoner Review Board.  In this
23    case, the defendant is not entitled to good  conduct  credit.
24    Therefore,  this  defendant  will  serve  100%  of his or her
25    sentence."
26        (d)  When the defendant is committed to the Department of
27    Corrections, the State's Attorney shall and counsel  for  the
28    defendant may file a statement with the clerk of the court to
29    be  transmitted  to  the department, agency or institution to
30    which the defendant is committed to furnish such  department,
31    agency or institution with the facts and circumstances of the
32    offense  for which the person was committed together with all
33    other factual information accessible to them in regard to the
34    person prior  to  his  commitment  relative  to  his  habits,
 
                            -7-               LRB9203377RCcdA
 1    associates,  disposition  and  reputation and any other facts
 2    and circumstances which may aid such  department,  agency  or
 3    institution  during  its  custody  of such person.  The clerk
 4    shall within 10 days  after  receiving  any  such  statements
 5    transmit a copy to such department, agency or institution and
 6    a copy to the other party, provided, however, that this shall
 7    not  be  cause  for  delay  in  conveying  the  person to the
 8    department, agency  or  institution  to  which  he  has  been
 9    committed.
10        (e)  The  clerk  of  the  court  shall  transmit  to  the
11    department,  agency  or  institution,  if  any,  to which the
12    defendant is committed, the following:
13             (1)  the sentence imposed;
14             (2)  any statement by the court  of  the  basis  for
15        imposing the sentence;
16             (3)  any presentence reports;
17             (4)  the number of days, if any, which the defendant
18        has  been  in  custody  and  for  which he is entitled to
19        credit against the sentence, which information  shall  be
20        provided to the clerk by the sheriff;
21             (4.1)  any  finding of great bodily harm made by the
22        court with respect to an offense enumerated in subsection
23        (c-1);
24             (5)  all statements filed under  subsection  (d)  of
25        this Section;
26             (6)  any   medical   or  mental  health  records  or
27        summaries of the defendant;
28             (7)  the  municipality  where  the  arrest  of   the
29        offender  or  the commission of the offense has occurred,
30        where such municipality has a  population  of  more  than
31        25,000 persons;
32             (8)  all  statements made and evidence offered under
33        paragraph (7) of subsection (a) of this Section; and
34             (9)  all additional matters which the court  directs
 
                            -8-               LRB9203377RCcdA
 1        the clerk to transmit.
 2    (Source:  P.A.  90-592,  eff.  6-19-98; 90-593, eff. 6-19-98;
 3    90-740, eff.  1-1-99;  91-357,  eff.  7-29-99;  91-899,  eff.
 4    1-1-01.)

 5        (730 ILCS 5/5-8-1.3 new)
 6        Sec. 5-8-1.3.  Pilot residential and transition treatment
 7    program for women.
 8        (a)  The General Assembly  recognizes:
 9             (1)  that  drug-offending  women  with  children who
10        have been in and out of the criminal justice  system  for
11        years are a serious problem;
12             (2)  that   the  intergenerational  cycle  of  women
13        continuously being part of the  criminal  justice  system
14        needs to be broken;
15             (3)  that  the  effects of drug offending women with
16        children  disrupts  family   harmony   and   creates   an
17        atmosphere  that  is  not  conducive to healthy childhood
18        development;
19             (4)  that  there  is  a  need   for   an   effective
20        residential  community  supervision model to provide help
21        to women to become drug free, recover from trauma,  focus
22        on  healthy  mother-child  relationships,  and  establish
23        economic independence and long-term support;
24             (5)  that  certain  non-violent women offenders with
25        children eligible for  sentences  of  incarceration,  may
26        benefit   from   the  rehabilitative  aspects  of  gender
27        responsive treatment programs and services.  This Section
28        shall not be construed  to  allow  violent  offenders  to
29        participate in a treatment program.
30        (b)  Under  the  direction  of  the  sheriff and with the
31    approval of the county board of commissioners,  the  sheriff,
32    in  any  county  with  more  than  3,000,000 inhabitants, may
33    operate a residential and transition  treatment  program  for
 
                            -9-               LRB9203377RCcdA
 1    women  established by the Illinois Department of Corrections.
 2    If the court finds during the  sentencing  hearing  conducted
 3    under  Section 5-4-1 that a woman convicted of a felony meets
 4    the eligibility requirements of the sheriff's residential and
 5    transition treatment program for women, the court  may  refer
 6    the  offender  to  the  sheriff's  residential and transition
 7    treatment  program  for  women   for   consideration   as   a
 8    participant   as  an  alternative  to  incarceration  in  the
 9    penitentiary.   The  sheriff   shall   be   responsible   for
10    supervising  all  women who are placed in the residential and
11    transition treatment  program  for  women  for  the  12-month
12    period.   In  the  event  that  the woman is not accepted for
13    placement  in  the  sheriff's  residential   and   transition
14    treatment  program  for  women,  the  court  shall proceed to
15    sentence the woman to any  other  disposition  authorized  by
16    this  Code.   If the woman does not successfully complete the
17    residential and transition  treatment program for women,  the
18    woman's  failure to do so shall constitute a violation of the
19    sentence to the residential and transition treatment  program
20    for women.
21        (c)  In  order  to be eligible to be a participant in the
22    pilot residential and transition treatment program for women,
23    the participant shall meet all of the following conditions:
24             (1)  The woman has not been convicted of  a  violent
25        crime  as  defined  in subsection (c) of Section 3 of the
26        Rights of Crime Victims and  Witnesses  Act,  a  Class  X
27        felony,  first  or  second degree murder, armed violence,
28        aggravated   kidnapping,   criminal    sexual    assault,
29        aggravated   criminal   sexual   abuse  or  a  subsequent
30        conviction for criminal sexual abuse, forcible detention,
31        or arson and has not been previously convicted of any  of
32        those offenses.
33             (2)  The  woman  must  undergo an initial assessment
34        evaluation to determine the treatment and program plan.
 
                            -10-              LRB9203377RCcdA
 1             (3)  The woman  was  recommended  and  accepted  for
 2        placement   in   the  pilot  residential  and  transition
 3        treatment  program  for  women  by  the   Department   of
 4        Corrections and has consented in writing to participation
 5        in  the  program  under  the  terms and conditions of the
 6        program.  The  Department  of  Corrections  may  consider
 7        whether space is available.
 8        (d)  The  program may include a substance abuse treatment
 9    program designed for women offenders, mental health,  trauma,
10    and   medical   treatment;   parenting   skills   and  family
11    relationship counseling, preparation for a GED or  vocational
12    certificate; life skills program; job readiness and job skill
13    training, and a community transition development plan.
14        (e)  With  the approval of the Department of Corrections,
15    the sheriff shall issue  requirements  for  the  program  and
16    inform the participants who shall sign an agreement to adhere
17    to  all  rules and all requirements for the pilot residential
18    and transition treatment program for pilot.
19        (f)  Participation   in   the   pilot   residential   and
20    transition treatment program for women shall be for a  period
21    not  to  exceed  12  months. The period may not be reduced by
22    accumulation of good time.
23        (g)  If  the  woman  successfully  completes  the   pilot
24    residential  and  transition treatment program for women, the
25    sheriff shall  notify  the  Department  of  Corrections,  the
26    court,  and the State's Attorney of the county of the woman's
27    successful completion.
28        (h)  A woman may be removed from  the  pilot  residential
29    and  transition  treatment program for women for violation of
30    the terms and conditions of the program or in the  event  she
31    is unable to participate. The failure to complete the program
32    shall be deemed a violation of the conditions of the program.
33    The   sheriff   shall   give  notice  to  the  Department  of
34    Corrections, the court,  and  the  State's  Attorney  of  the
 
                            -11-              LRB9203377RCcdA
 1    woman's  failure  to complete the program.  The Department of
 2    Corrections or its designee shall file  a  petition  alleging
 3    that  the  woman  has  violated the conditions of the program
 4    with the court. The  State's  Attorney  may  proceed  on  the
 5    petition under Section 5-4-1 of this Code.
 6        (i)  The   conditions   of   the  pilot  residential  and
 7    transition treatment program for women shall include that the
 8    woman while in the program:
 9             (1)  Not  violate  any  criminal  statute   of   any
10        jurisdiction;
11             (2)  Report or appear in person before any person or
12        agency   as  directed  by  the  court,  the  sheriff,  or
13        Department of Corrections;
14             (3)  Refrain from  possessing  a  firearm  or  other
15        dangerous weapon;
16             (4)  Consent to drug testing;
17             (5)  Not  leave the State without the consent of the
18        court or,  in  circumstances  in  which  reason  for  the
19        absence is of such an emergency nature that prior consent
20        by  the court is not possible, without prior notification
21        and approval of the Department of Corrections;
22             (6)  Upon placement in the program,  must  agree  to
23        follow all requirements of the program;
24        (j)  The  Department  of  Corrections  or the sheriff may
25    terminate the program at any time by mutual agreement or with
26    30 days prior written notice  by  either  the  Department  of
27    Corrections or the sheriff.
28        (k)  The Department of Corrections may enter into a joint
29    contract  with a country with more than 3,000,000 inhabitants
30    to establish and operate a pilot  residential  and  treatment
31    program for women.
32        (l)  The  Director of the Department of Corrections shall
33    have the authority to develop rules to establish and  operate
34    a  pilot  residential  and  treatment  program for women that
 
                            -12-              LRB9203377RCcdA
 1    shall include criteria for selection of the  participants  of
 2    the  program  in  conjunction  and approval by the sentencing
 3    court.   Violent  crime  offenders  are   not   eligible   to
 4    participate in the program.
 5        (m)  The  Department shall report to the Governor and the
 6    General Assembly before September 30th of each  year  on  the
 7    pilot  residential and treatment program for women, including
 8    the composition of the program by offenders,  sentence,  age,
 9    offense, and race.
10        (n)  The  Department  of  Corrections  or the sheriff may
11    terminate the program with 30 days prior written notice.

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