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[ House Amendment 001 ] |
92_HB4115 LRB9209875RCsbB 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 Juvenile Court Act of 1987 is amended by 5 changing Section 5-750 as follows: 6 (705 ILCS 405/5-750) 7 Sec. 5-750. Commitment to the Department of Corrections, 8 Juvenile Division. 9 (1) Except as provided in subsection (2) of this 10 Section, when any delinquent has been adjudged a ward of the 11 court under this Act, the court may commit him or her to the 12 Department of Corrections, Juvenile Division, if it finds 13 that (a) his or her parents, guardian or legal custodian are 14 unfit or are unable, for some reason other than financial 15 circumstances alone, to care for, protect, train or 16 discipline the minor, or are unwilling to do so, and the best 17 interests of the minor and the public will not be served by 18 placement under Section 5-740 or; (b) it is necessary to 19 ensure the protection of the public from the consequences of 20 criminal activity of the delinquent. 21 (2) When a minor of the age of at least 13 years is 22 adjudged delinquent for the offense of first degree murder, 23 the court shall declare the minor a ward of the court and 24 order the minor committed to the Department of Corrections, 25 Juvenile Division, until the minor's 21st birthday, without 26 the possibility of parole, furlough, or non-emergency 27 authorized absence for a period of 5 years from the date the 28 minor was committed to the Department of Corrections, except 29 that the time that a minor spent in custody for the instant 30 offense before being committed to the Department shall be 31 considered as time credited towards that 5 year period. -2- LRB9209875RCsbB 1 Nothing in this subsection (2) shall preclude the State's 2 Attorney from seeking to prosecute a minor as an adult as an 3 alternative to proceeding under this Act. 4 (3) Except as provided in subsection (2), the commitment 5 of a delinquent to the Department of Corrections shall be for 6 an indeterminate term which shall automatically terminate 7 upon the delinquent attaining the age of 21 years unless the 8 delinquent is sooner discharged from parole or custodianship 9 is otherwise terminated in accordance with this Act or as 10 otherwise provided for by law. 11 (4) When the court commits a minor to the Department of 12 Corrections, it shall order him or her conveyed forthwith to 13 the appropriate reception station or other place designated 14 by the Department of Corrections, and shall appoint the 15 Assistant Director of Corrections, Juvenile Division, legal 16 custodian of the minor. The clerk of the court shall issue 17 to the Assistant Director of Corrections, Juvenile Division, 18 a certified copy of the order, which constitutes proof of the 19 Director's authority. No other process need issue to warrant 20 the keeping of the minor. 21 (5) If a minor is committed to the Department of 22 Corrections, Juvenile Division, the clerk of the court shall 23 forward to the Department: 24 (a) the disposition ordered; 25 (b) all reports; 26 (c) the court's statement of the basis for ordering 27 the disposition; and 28 (d) all additional matters which the court directs 29 the clerk to transmit. 30 (6) Whenever the Department of Corrections lawfully 31 discharges from its custody and control a minor committed to 32 it, the Assistant Director of Corrections, Juvenile Division, 33 shall petition the court for an order terminating his or her 34 custodianship. The custodianship shall terminate -3- LRB9209875RCsbB 1 automatically 30 days after receipt of the petition unless 2 the court orders otherwise. 3 (7) The provisions of subsections (j), (k), and (l) of 4 Section 3-6-2 and the provisions of subsections (d-4) and 5 (d-5) of Section 3-14-1 of the Unified Code of Corrections 6 apply to minors committed to the Department of Corrections, 7 Juvenile Division. 8 (Source: P.A. 90-590, eff. 1-1-99.) 9 Section 10. The Unified Code of Corrections is amended 10 by changing Sections 3-6-2, 3-14-1, and 5-5-3 as follows: 11 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) 12 Sec. 3-6-2. Institutions and Facility Administration. 13 (a) Each institution and facility of the Department 14 shall be administered by a chief administrative officer 15 appointed by the Director. A chief administrative officer 16 shall be responsible for all persons assigned to the 17 institution or facility. The chief administrative officer 18 shall administer the programs of the Department for the 19 custody and treatment of such persons. 20 (b) The chief administrative officer shall have such 21 assistants as the Department may assign. 22 (c) The Director or Assistant Director shall have the 23 emergency powers to temporarily transfer individuals without 24 formal procedures to any State, county, municipal or regional 25 correctional or detention institution or facility in the 26 State, subject to the acceptance of such receiving 27 institution or facility, or to designate any reasonably 28 secure place in the State as such an institution or facility 29 and to make transfers thereto. However, transfers made under 30 emergency powers shall be reviewed as soon as practicable 31 under Article 8, and shall be subject to Section 5-905 of the 32 Juvenile Court Act of 1987. This Section shall not apply to -4- LRB9209875RCsbB 1 transfers to the Department of Human Services which are 2 provided for under Section 3-8-5 or Section 3-10-5. 3 (d) The Department shall provide educational programs 4 for all committed persons so that all persons have an 5 opportunity to attain the achievement level equivalent to the 6 completion of the twelfth grade in the public school system 7 in this State. Other higher levels of attainment shall be 8 encouraged and professional instruction shall be maintained 9 wherever possible. The Department may establish programs of 10 mandatory education and may establish rules and regulations 11 for the administration of such programs. A person committed 12 to the Department who, during the period of his or her 13 incarceration, participates in an educational program 14 provided by or through the Department and through that 15 program is awarded or earns the number of hours of credit 16 required for the award of an associate, baccalaureate, or 17 higher degree from a community college, college, or 18 university located in Illinois shall reimburse the State, 19 through the Department, for the costs incurred by the State 20 in providing that person during his or her incarceration with 21 the education that qualifies him or her for the award of that 22 degree. The costs for which reimbursement is required under 23 this subsection shall be determined and computed by the 24 Department under rules and regulations that it shall 25 establish for that purpose. However, interest at the rate of 26 6% per annum shall be charged on the balance of those costs 27 from time to time remaining unpaid, from the date of the 28 person's parole, mandatory supervised release, or release 29 constituting a final termination of his or her commitment to 30 the Department until paid. 31 (e) A person committed to the Department who becomes in 32 need of medical or surgical treatment but is incapable of 33 giving consent thereto shall receive such medical or surgical 34 treatment by the chief administrative officer consenting on -5- LRB9209875RCsbB 1 the person's behalf. Before the chief administrative officer 2 consents, he or she shall obtain the advice of one or more 3 physicians licensed to practice medicine in all its branches 4 in this State. If such physician or physicians advise: 5 (1) that immediate medical or surgical treatment is 6 required relative to a condition threatening to cause 7 death, damage or impairment to bodily functions, or 8 disfigurement; and 9 (2) that the person is not capable of giving 10 consent to such treatment; the chief administrative 11 officer may give consent for such medical or surgical 12 treatment, and such consent shall be deemed to be the 13 consent of the person for all purposes, including, but 14 not limited to, the authority of a physician to give such 15 treatment. 16 (f) In the event that the person requires medical care 17 and treatment at a place other than the institution or 18 facility, the person may be removed therefrom under 19 conditions prescribed by the Department. The Department shall 20 require the committed person receiving medical or dental 21 services on a non-emergency basis to pay a $2 co-payment to 22 the Department for each visit for medical or dental services. 23 The amount of each co-payment shall be deducted from the 24 committed person's individual account. A committed person who 25 has a chronic illness, as defined by Department rules and 26 regulations, shall be exempt from the $2 co-payment for 27 treatment of the chronic illness. A committed person shall 28 not be subject to a $2 co-payment for follow-up visits 29 ordered by a physician, who is employed by, or contracts 30 with, the Department. A committed person who is indigent is 31 exempt from the $2 co-payment and is entitled to receive 32 medical or dental services on the same basis as a committed 33 person who is financially able to afford the co-payment. 34 Notwithstanding any other provision in this subsection (f) to -6- LRB9209875RCsbB 1 the contrary, any person committed to any facility operated 2 by the Juvenile Division, as set forth in subsection (b) of 3 Section 3-2-5 of this Code, is exempt from the co-payment 4 requirement for the duration of confinement in those 5 facilities. 6 (g) Any person having sole custody of a child at the 7 time of commitment or any woman giving birth to a child after 8 her commitment, may arrange through the Department of 9 Children and Family Services for suitable placement of the 10 child outside of the Department of Corrections. The Director 11 of the Department of Corrections may determine that there are 12 special reasons why the child should continue in the custody 13 of the mother until the child is 6 years old. 14 (h) The Department may provide Family Responsibility 15 Services which may consist of, but not be limited to the 16 following: 17 (1) family advocacy counseling; 18 (2) parent self-help group; 19 (3) parenting skills training; 20 (4) parent and child overnight program; 21 (5) parent and child reunification counseling, 22 either separately or together, preceding the inmate's 23 release; and 24 (6) a prerelease reunification staffing involving 25 the family advocate, the inmate and the child's 26 counselor, or both and the inmate. 27 (i) Prior to the release of any inmate who has a 28 documented history of intravenous drug use, and upon the 29 receipt of that inmate's written informed consent, the 30 Department shall provide for the testing of such inmate for 31 infection with human immunodeficiency virus (HIV) and any 32 other identified causative agent of acquired immunodeficiency 33 syndrome (AIDS). The testing provided under this subsection 34 shall consist of an enzyme-linked immunosorbent assay (ELISA) -7- LRB9209875RCsbB 1 test or such other test as may be approved by the Illinois 2 Department of Public Health. If the test result is positive, 3 the Western Blot Assay or more reliable confirmatory test 4 shall be administered. All inmates tested in accordance with 5 the provisions of this subsection shall be provided with 6 pre-test and post-test counseling. Notwithstanding any 7 provision of this subsection to the contrary, the Department 8 shall not be required to conduct the testing and counseling 9 required by this subsection unless sufficient funds to cover 10 all costs of such testing and counseling are appropriated for 11 that purpose by the General Assembly. 12 (j) Each person committed to the Department shall 13 receive written information on the causes and effects of 14 acquired immunodeficiency syndrome (AIDS), the means of 15 detecting AIDS and preventing its transmission, the 16 availability of counseling and medical treatment for AIDS, 17 the right of a committed person infected with AIDS to medical 18 treatment, and such other information on AIDS as the 19 Department deems appropriate. The Department may consult the 20 Department of Public Health in preparing information to be 21 provided to committed persons under this subsection (j). 22 (k) Each person committed to the Department shall, upon 23 admission to a Department facility, undergo medical testing 24 to determine whether the person is infected with human 25 immunodeficiency virus (HIV) or any other identified 26 causative agent of acquired immunodeficiency syndrome (AIDS). 27 Any such medical test shall be performed only by 28 appropriately licensed medical practitioners and may include 29 an analysis of any bodily fluids as well as an examination of 30 the committed person. Any bodily fluids or other biological 31 material taken from a committed person for the purpose of 32 conducting the test for (HIV) or (AIDS) may not be used for 33 DNA profiling or any other purpose. Except as otherwise 34 provided by law, the results of the test shall be kept -8- LRB9209875RCsbB 1 strictly confidential by all medical personnel involved in 2 the testing and must be personally delivered in a sealed 3 envelope to the chief administrative officer of the 4 institution to which the committed person is admitted. The 5 Department may require committed persons who have been tested 6 for infection with human immunodeficiency virus (HIV) or any 7 other identified causative agent of acquired immunodeficiency 8 syndrome (AIDS) under subsection (g) or (h) of Section 5-5-3 9 of this Code prior to their admission to Department 10 facilities and whose test results are negative to be retested 11 upon their admission to Department facilities if the 12 Department, in consultation with the Department of Public 13 Health, determines that retesting is appropriate. A committed 14 person who has tested positive for infection with human 15 immunodeficiency virus (HIV) or any other identified 16 causative agent of acquired immunodeficiency syndrome (AIDS) 17 under subsection (g) or (h) of Section 5-5-3 of this Code 18 prior to his or her admission to a Department facility does 19 not have to be tested upon admission to a Department 20 facility. The test results of a person who has been tested 21 under subsection (g) or (h) of Section 5-5-3 for infection 22 with human immunodeficiency virus (HIV) or any other 23 identified causative agent of acquired immunodeficiency 24 syndrome (AIDS) shall be transmitted to the chief 25 administrative officer of the institution to which the 26 committed person is admitted. 27 (l) A committed person who tests positive for infection 28 with human immunodeficiency virus (HIV) or any other 29 identified causative agent of acquired immunodeficiency 30 syndrome (AIDS) shall receive medications for alleviating the 31 symptoms of the virus and educational materials relating to 32 the virus. 33 (Source: P.A. 91-912, eff. 7-7-00; 92-292, eff. 8-9-01.) -9- LRB9209875RCsbB 1 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) 2 Sec. 3-14-1. Release from the Institution. 3 (a) Upon release of a person on parole, mandatory 4 release, final discharge or pardon the Department shall 5 return all property held for him, provide him with suitable 6 clothing and procure necessary transportation for him to his 7 designated place of residence and employment. It may provide 8 such person with a grant of money for travel and expenses 9 which may be paid in installments. The amount of the money 10 grant shall be determined by the Department. 11 The Department of Corrections may establish and maintain, 12 in any institution it administers, revolving funds to be 13 known as "Travel and Allowances Revolving Funds". These 14 revolving funds shall be used for advancing travel and 15 expense allowances to committed, paroled, and discharged 16 prisoners. The moneys paid into such revolving funds shall 17 be from appropriations to the Department for Committed, 18 Paroled, and Discharged Prisoners. 19 (b) (Blank). 20 (c) Except as otherwise provided in this Code, the 21 Department shall establish procedures to provide written 22 notification of any release of any person who has been 23 convicted of a felony to the State's Attorney and sheriff of 24 the county from which the offender was committed, and the 25 State's Attorney and sheriff of the county into which the 26 offender is to be paroled or released. Except as otherwise 27 provided in this Code, the Department shall establish 28 procedures to provide written notification to the proper law 29 enforcement agency for any municipality of any release of any 30 person who has been convicted of a felony if the arrest of 31 the offender or the commission of the offense took place in 32 the municipality, if the offender is to be paroled or 33 released into the municipality, or if the offender resided in 34 the municipality at the time of the commission of the -10- LRB9209875RCsbB 1 offense. If a person convicted of a felony who is in the 2 custody of the Department of Corrections or on parole or 3 mandatory supervised release informs the Department that he 4 or she has resided, resides, or will reside at an address 5 that is a housing facility owned, managed, operated, or 6 leased by a public housing agency, the Department must send 7 written notification of that information to the public 8 housing agency that owns, manages, operates, or leases the 9 housing facility. The written notification shall, when 10 possible, be given at least 14 days before release of the 11 person from custody, or as soon thereafter as possible. 12 (c-1) (Blank). 13 (d) Upon the release of a committed person on parole, 14 mandatory supervised release, final discharge or pardon, the 15 Department shall provide such person with information 16 concerning programs and services of the Illinois Department 17 of Public Health to ascertain whether such person has been 18 exposed to the human immunodeficiency virus (HIV) or any 19 identified causative agent of Acquired Immunodeficiency 20 Syndrome (AIDS). 21 (d-4) The written information under subsection (d) shall 22 include a list of toll free telephone numbers that a person 23 released from a Department facility may call to obtain 24 information about local health facilities that test for and 25 treat persons infected with human immunodeficiency virus 26 (HIV) or any other identified causative agent of acquired 27 immunodeficiency syndrome (AIDS). If the parole officer is 28 aware that a person released from a Department facility is 29 infected with human immunodeficiency virus (HIV) or any 30 other identified causative agent of acquired immunodeficiency 31 syndrome (AIDS), the parole officer shall monitor the person 32 released to determine whether the person released is taking 33 prescribed medications for human immunodeficiency virus (HIV) 34 or any other identified causative agent of acquired -11- LRB9209875RCsbB 1 immunodeficiency syndrome (AIDS) and whether the person 2 released is engaging in conduct that could expose or infect 3 other persons with human immunodeficiency virus (HIV) or any 4 other identified causative agent of acquired immunodeficiency 5 syndrome (AIDS). 6 (d-5) Each person committed to the Department shall, 7 within 90 days of release on parole, mandatory supervised 8 release, final discharge, or pardon, undergo medical testing 9 to determine whether the person is infected with human 10 immunodeficiency virus (HIV) or any other identified 11 causative agent of acquired immunodeficiency syndrome (AIDS). 12 Any such medical test shall be performed only by 13 appropriately licensed medical practitioners and may include 14 an analysis of any bodily fluids as well as an examination of 15 the committed person. Except as otherwise provided by law, 16 the results of the test shall be kept strictly confidential 17 by all medical personnel involved in the testing and must be 18 personally delivered in a sealed envelope to the chief 19 administrative officer of the institution to which the 20 committed person has been committed and to the committed 21 person. A committed person who tests positive for human 22 immunodeficiency virus (HIV) or any other identified 23 causative agent of acquired immunodeficiency syndrome (AIDS) 24 shall receive from the Department prescription medications 25 for treatment of the virus or syndrome, if available. 26 (e) Upon the release of a committed person on parole, 27 mandatory supervised release, final discharge, or pardon, the 28 Department shall provide the person who has met the criteria 29 established by the Department with an identification card 30 identifying the person as being on parole, mandatory 31 supervised release, final discharge, or pardon, as the case 32 may be. The Department, in consultation with the Office of 33 the Secretary of State, shall prescribe the form of the 34 identification card, which may be similar to the form of the -12- LRB9209875RCsbB 1 standard Illinois Identification Card. The Department shall 2 inform the committed person that he or she may present the 3 identification card to the Office of the Secretary of State 4 upon application for a standard Illinois Identification Card 5 in accordance with the Illinois Identification Card Act. The 6 Department shall require the committed person to pay a $1 fee 7 for the identification card. 8 For purposes of a committed person receiving an 9 identification card issued by the Department under this 10 subsection, the Department shall establish criteria that the 11 committed person must meet before the card is issued. It is 12 the sole responsibility of the committed person requesting 13 the identification card issued by the Department to meet the 14 established criteria. The person's failure to meet the 15 criteria is sufficient reason to deny the committed person 16 the identification card. An identification card issued by 17 the Department under this subsection shall be valid for a 18 period of time not to exceed 30 calendar days from the date 19 the card is issued. The Department shall not be held civilly 20 or criminally liable to anyone because of any act of any 21 person utilizing a card issued by the Department under this 22 subsection. 23 The Department shall adopt rules governing the issuance 24 of identification cards to committed persons being released 25 on parole, mandatory supervised release, final discharge, or 26 pardon. 27 (Source: P.A. 91-506, eff. 8-13-99; 91-695, eff. 4-13-00; 28 92-240, eff. 1-1-02.) 29 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 30 Sec. 5-5-3. Disposition. 31 (a) Every person convicted of an offense shall be 32 sentenced as provided in this Section. 33 (b) The following options shall be appropriate -13- LRB9209875RCsbB 1 dispositions, alone or in combination, for all felonies and 2 misdemeanors other than those identified in subsection (c) of 3 this Section: 4 (1) A period of probation. 5 (2) A term of periodic imprisonment. 6 (3) A term of conditional discharge. 7 (4) A term of imprisonment. 8 (5) An order directing the offender to clean up and 9 repair the damage, if the offender was convicted under 10 paragraph (h) of Section 21-1 of the Criminal Code of 11 1961. 12 (6) A fine. 13 (7) An order directing the offender to make 14 restitution to the victim under Section 5-5-6 of this 15 Code. 16 (8) A sentence of participation in a county impact 17 incarceration program under Section 5-8-1.2 of this Code. 18 Whenever an individual is sentenced for an offense based 19 upon an arrest for a violation of Section 11-501 of the 20 Illinois Vehicle Code, or a similar provision of a local 21 ordinance, and the professional evaluation recommends 22 remedial or rehabilitative treatment or education, neither 23 the treatment nor the education shall be the sole disposition 24 and either or both may be imposed only in conjunction with 25 another disposition. The court shall monitor compliance with 26 any remedial education or treatment recommendations contained 27 in the professional evaluation. Programs conducting alcohol 28 or other drug evaluation or remedial education must be 29 licensed by the Department of Human Services. However, if 30 the individual is not a resident of Illinois, the court may 31 accept an alcohol or other drug evaluation or remedial 32 education program in the state of such individual's 33 residence. Programs providing treatment must be licensed 34 under existing applicable alcoholism and drug treatment -14- LRB9209875RCsbB 1 licensure standards. 2 In addition to any other fine or penalty required by law, 3 any individual convicted of a violation of Section 11-501 of 4 the Illinois Vehicle Code or a similar provision of local 5 ordinance, whose operation of a motor vehicle while in 6 violation of Section 11-501 or such ordinance proximately 7 caused an incident resulting in an appropriate emergency 8 response, shall be required to make restitution to a public 9 agency for the costs of that emergency response. Such 10 restitution shall not exceed $500 per public agency for each 11 such emergency response. For the purpose of this paragraph, 12 emergency response shall mean any incident requiring a 13 response by: a police officer as defined under Section 1-162 14 of the Illinois Vehicle Code; a fireman carried on the rolls 15 of a regularly constituted fire department; and an ambulance 16 as defined under Section 4.05 of the Emergency Medical 17 Services (EMS) Systems Act. 18 Neither a fine nor restitution shall be the sole 19 disposition for a felony and either or both may be imposed 20 only in conjunction with another disposition. 21 (c) (1) When a defendant is found guilty of first degree 22 murder the State may either seek a sentence of 23 imprisonment under Section 5-8-1 of this Code, or where 24 appropriate seek a sentence of death under Section 9-1 of 25 the Criminal Code of 1961. 26 (2) A period of probation, a term of periodic 27 imprisonment or conditional discharge shall not be 28 imposed for the following offenses. The court shall 29 sentence the offender to not less than the minimum term 30 of imprisonment set forth in this Code for the following 31 offenses, and may order a fine or restitution or both in 32 conjunction with such term of imprisonment: 33 (A) First degree murder where the death 34 penalty is not imposed. -15- LRB9209875RCsbB 1 (B) Attempted first degree murder. 2 (C) A Class X felony. 3 (D) A violation of Section 401.1 or 407 of the 4 Illinois Controlled Substances Act, or a violation 5 of subdivision (c)(2) of Section 401 of that Act 6 which relates to more than 5 grams of a substance 7 containing cocaine or an analog thereof. 8 (E) A violation of Section 5.1 or 9 of the 9 Cannabis Control Act. 10 (F) A Class 2 or greater felony if the 11 offender had been convicted of a Class 2 or greater 12 felony within 10 years of the date on which the 13 offender committed the offense for which he or she 14 is being sentenced, except as otherwise provided in 15 Section 40-10 of the Alcoholism and Other Drug Abuse 16 and Dependency Act. 17 (G) Residential burglary, except as otherwise 18 provided in Section 40-10 of the Alcoholism and 19 Other Drug Abuse and Dependency Act. 20 (H) Criminal sexual assault, except as 21 otherwise provided in subsection (e) of this 22 Section. 23 (I) Aggravated battery of a senior citizen. 24 (J) A forcible felony if the offense was 25 related to the activities of an organized gang. 26 Before July 1, 1994, for the purposes of this 27 paragraph, "organized gang" means an association of 28 5 or more persons, with an established hierarchy, 29 that encourages members of the association to 30 perpetrate crimes or provides support to the members 31 of the association who do commit crimes. 32 Beginning July 1, 1994, for the purposes of 33 this paragraph, "organized gang" has the meaning 34 ascribed to it in Section 10 of the Illinois -16- LRB9209875RCsbB 1 Streetgang Terrorism Omnibus Prevention Act. 2 (K) Vehicular hijacking. 3 (L) A second or subsequent conviction for the 4 offense of hate crime when the underlying offense 5 upon which the hate crime is based is felony 6 aggravated assault or felony mob action. 7 (M) A second or subsequent conviction for the 8 offense of institutional vandalism if the damage to 9 the property exceeds $300. 10 (N) A Class 3 felony violation of paragraph 11 (1) of subsection (a) of Section 2 of the Firearm 12 Owners Identification Card Act. 13 (O) A violation of Section 12-6.1 of the 14 Criminal Code of 1961. 15 (P) A violation of paragraph (1), (2), (3), 16 (4), (5), or (7) of subsection (a) of Section 17 11-20.1 of the Criminal Code of 1961. 18 (Q) A violation of Section 20-1.2 of the 19 Criminal Code of 1961. 20 (R) A violation of Section 24-3A of the 21 Criminal Code of 1961. 22 (S) A violation of Section 11-501(c-1)(3) of 23 the Illinois Vehicle Code. 24 (3) A minimum term of imprisonment of not less than 25 5 days or 30 days of community service as may be 26 determined by the court shall be imposed for a second 27 violation committed within 5 years of a previous 28 violation of Section 11-501 of the Illinois Vehicle Code 29 or a similar provision of a local ordinance. In the case 30 of a third or subsequent violation committed within 5 31 years of a previous violation of Section 11-501 of the 32 Illinois Vehicle Code or a similar provision of a local 33 ordinance, a minimum term of either 10 days of 34 imprisonment or 60 days of community service shall be -17- LRB9209875RCsbB 1 imposed. 2 (4) A minimum term of imprisonment of not less than 3 10 consecutive days or 30 days of community service shall 4 be imposed for a violation of paragraph (c) of Section 5 6-303 of the Illinois Vehicle Code. 6 (4.1) A minimum term of 30 consecutive days of 7 imprisonment, 40 days of 24 hour periodic imprisonment or 8 720 hours of community service, as may be determined by 9 the court, shall be imposed for a violation of Section 10 11-501 of the Illinois Vehicle Code during a period in 11 which the defendant's driving privileges are revoked or 12 suspended, where the revocation or suspension was for a 13 violation of Section 11-501 or Section 11-501.1 of that 14 Code. 15 (4.2) Except as provided in paragraph (4.3) of this 16 subsection (c), a minimum of 100 hours of community 17 service shall be imposed for a second violation of 18 Section 6-303 of the Illinois Vehicle Code. 19 (4.3) A minimum term of imprisonment of 30 days or 20 300 hours of community service, as determined by the 21 court, shall be imposed for a second violation of 22 subsection (c) of Section 6-303 of the Illinois Vehicle 23 Code. 24 (4.4) Except as provided in paragraph (4.5) and 25 paragraph (4.6) of this subsection (c), a minimum term of 26 imprisonment of 30 days or 300 hours of community 27 service, as determined by the court, shall be imposed for 28 a third or subsequent violation of Section 6-303 of the 29 Illinois Vehicle Code. 30 (4.5) A minimum term of imprisonment of 30 days 31 shall be imposed for a third violation of subsection (c) 32 of Section 6-303 of the Illinois Vehicle Code. 33 (4.6) A minimum term of imprisonment of 180 days 34 shall be imposed for a fourth or subsequent violation of -18- LRB9209875RCsbB 1 subsection (c) of Section 6-303 of the Illinois Vehicle 2 Code. 3 (5) The court may sentence an offender convicted of 4 a business offense or a petty offense or a corporation or 5 unincorporated association convicted of any offense to: 6 (A) a period of conditional discharge; 7 (B) a fine; 8 (C) make restitution to the victim under 9 Section 5-5-6 of this Code. 10 (5.1) In addition to any penalties imposed under 11 paragraph (5) of this subsection (c), and except as 12 provided in paragraph (5.2) or (5.3), a person convicted 13 of violating subsection (c) of Section 11-907 of the 14 Illinois Vehicle Code shall have his or her driver's 15 license, permit, or privileges suspended for at least 90 16 days but not more than one year, if the violation 17 resulted in damage to the property of another person. 18 (5.2) In addition to any penalties imposed under 19 paragraph (5) of this subsection (c), and except as 20 provided in paragraph (5.3), a person convicted of 21 violating subsection (c) of Section 11-907 of the 22 Illinois Vehicle Code shall have his or her driver's 23 license, permit, or privileges suspended for at least 180 24 days but not more than 2 years, if the violation resulted 25 in injury to another person. 26 (5.3) In addition to any penalties imposed under 27 paragraph (5) of this subsection (c), a person convicted 28 of violating subsection (c) of Section 11-907 of the 29 Illinois Vehicle Code shall have his or her driver's 30 license, permit, or privileges suspended for 2 years, if 31 the violation resulted in the death of another person. 32 (6) In no case shall an offender be eligible for a 33 disposition of probation or conditional discharge for a 34 Class 1 felony committed while he was serving a term of -19- LRB9209875RCsbB 1 probation or conditional discharge for a felony. 2 (7) When a defendant is adjudged a habitual 3 criminal under Article 33B of the Criminal Code of 1961, 4 the court shall sentence the defendant to a term of 5 natural life imprisonment. 6 (8) When a defendant, over the age of 21 years, is 7 convicted of a Class 1 or Class 2 felony, after having 8 twice been convicted in any state or federal court of an 9 offense that contains the same elements as an offense now 10 classified in Illinois as a Class 2 or greater Class 11 felony and such charges are separately brought and tried 12 and arise out of different series of acts, such defendant 13 shall be sentenced as a Class X offender. This paragraph 14 shall not apply unless (1) the first felony was committed 15 after the effective date of this amendatory Act of 1977; 16 and (2) the second felony was committed after conviction 17 on the first; and (3) the third felony was committed 18 after conviction on the second. A person sentenced as a 19 Class X offender under this paragraph is not eligible to 20 apply for treatment as a condition of probation as 21 provided by Section 40-10 of the Alcoholism and Other 22 Drug Abuse and Dependency Act. 23 (9) A defendant convicted of a second or subsequent 24 offense of ritualized abuse of a child may be sentenced 25 to a term of natural life imprisonment. 26 (10) When a person is convicted of violating 27 Section 11-501 of the Illinois Vehicle Code or a similar 28 provision of a local ordinance, the following penalties 29 apply when his or her blood, breath, or urine was .16 or 30 more based on the definition of blood, breath, or urine 31 units in Section 11-501.2 or that person is convicted of 32 violating Section 11-501 of the Illinois Vehicle Code 33 while transporting a child under the age of 16: 34 (A) For a first violation of subsection (a) of -20- LRB9209875RCsbB 1 Section 11-501, in addition to any other penalty 2 that may be imposed under subsection (c) of Section 3 11-501: a mandatory minimum of 100 hours of 4 community service and a minimum fine of $500. 5 (B) For a second violation of subsection (a) 6 of Section 11-501, in addition to any other penalty 7 that may be imposed under subsection (c) of Section 8 11-501 within 10 years: a mandatory minimum of 2 9 days of imprisonment and a minimum fine of $1,250. 10 (C) For a third violation of subsection (a) of 11 Section 11-501, in addition to any other penalty 12 that may be imposed under subsection (c) of Section 13 11-501 within 20 years: a mandatory minimum of 90 14 days of imprisonment and a minimum fine of $2,500. 15 (D) For a fourth or subsequent violation of 16 subsection (a) of Section 11-501: ineligibility for 17 a sentence of probation or conditional discharge and 18 a minimum fine of $2,500. 19 (d) In any case in which a sentence originally imposed 20 is vacated, the case shall be remanded to the trial court. 21 The trial court shall hold a hearing under Section 5-4-1 of 22 the Unified Code of Corrections which may include evidence of 23 the defendant's life, moral character and occupation during 24 the time since the original sentence was passed. The trial 25 court shall then impose sentence upon the defendant. The 26 trial court may impose any sentence which could have been 27 imposed at the original trial subject to Section 5-5-4 of the 28 Unified Code of Corrections. If a sentence is vacated on 29 appeal or on collateral attack due to the failure of the 30 trier of fact at trial to determine beyond a reasonable doubt 31 the existence of a fact (other than a prior conviction) 32 necessary to increase the punishment for the offense beyond 33 the statutory maximum otherwise applicable, either the 34 defendant may be re-sentenced to a term within the range -21- LRB9209875RCsbB 1 otherwise provided or, if the State files notice of its 2 intention to again seek the extended sentence, the defendant 3 shall be afforded a new trial. 4 (e) In cases where prosecution for criminal sexual 5 assault or aggravated criminal sexual abuse under Section 6 12-13 or 12-16 of the Criminal Code of 1961 results in 7 conviction of a defendant who was a family member of the 8 victim at the time of the commission of the offense, the 9 court shall consider the safety and welfare of the victim and 10 may impose a sentence of probation only where: 11 (1) the court finds (A) or (B) or both are 12 appropriate: 13 (A) the defendant is willing to undergo a 14 court approved counseling program for a minimum 15 duration of 2 years; or 16 (B) the defendant is willing to participate in 17 a court approved plan including but not limited to 18 the defendant's: 19 (i) removal from the household; 20 (ii) restricted contact with the victim; 21 (iii) continued financial support of the 22 family; 23 (iv) restitution for harm done to the 24 victim; and 25 (v) compliance with any other measures 26 that the court may deem appropriate; and 27 (2) the court orders the defendant to pay for the 28 victim's counseling services, to the extent that the 29 court finds, after considering the defendant's income and 30 assets, that the defendant is financially capable of 31 paying for such services, if the victim was under 18 32 years of age at the time the offense was committed and 33 requires counseling as a result of the offense. 34 Probation may be revoked or modified pursuant to Section -22- LRB9209875RCsbB 1 5-6-4; except where the court determines at the hearing that 2 the defendant violated a condition of his or her probation 3 restricting contact with the victim or other family members 4 or commits another offense with the victim or other family 5 members, the court shall revoke the defendant's probation and 6 impose a term of imprisonment. 7 For the purposes of this Section, "family member" and 8 "victim" shall have the meanings ascribed to them in Section 9 12-12 of the Criminal Code of 1961. 10 (f) This Article shall not deprive a court in other 11 proceedings to order a forfeiture of property, to suspend or 12 cancel a license, to remove a person from office, or to 13 impose any other civil penalty. 14 (g) Whenever a defendant is convicted of an offense 15 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 16 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 17 12-15 or 12-16 of the Criminal Code of 1961, the defendant 18 shall undergo medical testing to determine whether the 19 defendant has any sexually transmissible disease, including a 20 test for infection with human immunodeficiency virus (HIV) or 21 any other identified causative agent of acquired 22 immunodeficiency syndrome (AIDS). Any such medical test 23 shall be performed only by appropriately licensed medical 24 practitioners and may include an analysis of any bodily 25 fluids as well as an examination of the defendant's person. 26 Except as otherwise provided by law, the results of such test 27 shall be kept strictly confidential by all medical personnel 28 involved in the testing and must be personally delivered in a 29 sealed envelope to the judge of the court in which the 30 conviction was entered for the judge's inspection in camera 31 and to the chief administrative officer of the correctional 32 institution to which the defendant is assigned upon 33 commitment if the defendant is sentenced to a Department of 34 Corrections facility. Acting in accordance with the best -23- LRB9209875RCsbB 1 interests of the victim and the public, the judge shall have 2 the discretion to determine to whom, if anyone, the results 3 of the testing may be revealed. The court shall notify the 4 defendant of the test results. The court shall also notify 5 the victim if requested by the victim, and if the victim is 6 under the age of 15 and if requested by the victim's parents 7 or legal guardian, the court shall notify the victim's 8 parents or legal guardian of the test results. The court 9 shall provide information on the availability of HIV testing 10 and counseling at Department of Public Health facilities to 11 all parties to whom the results of the testing are revealed 12 and shall direct the State's Attorney to provide the 13 information to the victim when possible. A State's Attorney 14 may petition the court to obtain the results of any HIV test 15 administered under this Section, and the court shall grant 16 the disclosure if the State's Attorney shows it is relevant 17 in order to prosecute a charge of criminal transmission of 18 HIV under Section 12-16.2 of the Criminal Code of 1961 19 against the defendant. The court shall order that the cost 20 of any such test shall be paid by the county and may be taxed 21 as costs against the convicted defendant. 22 (g-5) When an inmate is tested for an airborne 23 communicable disease, as determined by the Illinois 24 Department of Public Health including but not limited to 25 tuberculosis, the results of the test shall be personally 26 delivered by the warden or his or her designee in a sealed 27 envelope to the judge of the court in which the inmate must 28 appear for the judge's inspection in camera if requested by 29 the judge. Acting in accordance with the best interests of 30 those in the courtroom, the judge shall have the discretion 31 to determine what if any precautions need to be taken to 32 prevent transmission of the disease in the courtroom. 33 (h) Whenever a defendant is convicted of an offense 34 under Section 1 or 2 of the Hypodermic Syringes and Needles -24- LRB9209875RCsbB 1 Act, the defendant shall undergo medical testing to determine 2 whether the defendant has been exposed to human 3 immunodeficiency virus (HIV) or any other identified 4 causative agent of acquired immunodeficiency syndrome (AIDS). 5 Except as otherwise provided by law, the results of such test 6 shall be kept strictly confidential by all medical personnel 7 involved in the testing and must be personally delivered in a 8 sealed envelope to the judge of the court in which the 9 conviction was entered for the judge's inspection in camera 10 and to the chief administrative officer of the correctional 11 institution to which the defendant is assigned upon 12 commitment if the defendant is sentenced to a Department of 13 Corrections facility. Acting in accordance with the best 14 interests of the public, the judge shall have the discretion 15 to determine to whom, if anyone, the results of the testing 16 may be revealed. The court shall notify the defendant of a 17 positive test showing an infection with the human 18 immunodeficiency virus (HIV). The court shall provide 19 information on the availability of HIV testing and counseling 20 at Department of Public Health facilities to all parties to 21 whom the results of the testing are revealed and shall direct 22 the State's Attorney to provide the information to the victim 23 when possible. A State's Attorney may petition the court to 24 obtain the results of any HIV test administered under this 25 Section, and the court shall grant the disclosure if the 26 State's Attorney shows it is relevant in order to prosecute a 27 charge of criminal transmission of HIV under Section 12-16.2 28 of the Criminal Code of 1961 against the defendant. The court 29 shall order that the cost of any such test shall be paid by 30 the county and may be taxed as costs against the convicted 31 defendant. 32 (i) All fines and penalties imposed under this Section 33 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 34 Vehicle Code, or a similar provision of a local ordinance, -25- LRB9209875RCsbB 1 and any violation of the Child Passenger Protection Act, or a 2 similar provision of a local ordinance, shall be collected 3 and disbursed by the circuit clerk as provided under Section 4 27.5 of the Clerks of Courts Act. 5 (j) In cases when prosecution for any violation of 6 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 7 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 8 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 9 12-16 of the Criminal Code of 1961, any violation of the 10 Illinois Controlled Substances Act, or any violation of the 11 Cannabis Control Act results in conviction, a disposition of 12 court supervision, or an order of probation granted under 13 Section 10 of the Cannabis Control Act or Section 410 of the 14 Illinois Controlled Substance Act of a defendant, the court 15 shall determine whether the defendant is employed by a 16 facility or center as defined under the Child Care Act of 17 1969, a public or private elementary or secondary school, or 18 otherwise works with children under 18 years of age on a 19 daily basis. When a defendant is so employed, the court 20 shall order the Clerk of the Court to send a copy of the 21 judgment of conviction or order of supervision or probation 22 to the defendant's employer by certified mail. If the 23 employer of the defendant is a school, the Clerk of the Court 24 shall direct the mailing of a copy of the judgment of 25 conviction or order of supervision or probation to the 26 appropriate regional superintendent of schools. The regional 27 superintendent of schools shall notify the State Board of 28 Education of any notification under this subsection. 29 (j-5) A defendant at least 17 years of age who is 30 convicted of a felony and who has not been previously 31 convicted of a misdemeanor or felony and who is sentenced to 32 a term of imprisonment in the Illinois Department of 33 Corrections shall as a condition of his or her sentence be 34 required by the court to attend educational courses designed -26- LRB9209875RCsbB 1 to prepare the defendant for a high school diploma and to 2 work toward a high school diploma or to work toward passing 3 the high school level Test of General Educational Development 4 (GED) or to work toward completing a vocational training 5 program offered by the Department of Corrections. If a 6 defendant fails to complete the educational training required 7 by his or her sentence during the term of incarceration, the 8 Prisoner Review Board shall, as a condition of mandatory 9 supervised release, require the defendant, at his or her own 10 expense, to pursue a course of study toward a high school 11 diploma or passage of the GED test. The Prisoner Review 12 Board shall revoke the mandatory supervised release of a 13 defendant who wilfully fails to comply with this subsection 14 (j-5) upon his or her release from confinement in a penal 15 institution while serving a mandatory supervised release 16 term; however, the inability of the defendant after making a 17 good faith effort to obtain financial aid or pay for the 18 educational training shall not be deemed a wilful failure to 19 comply. The Prisoner Review Board shall recommit the 20 defendant whose mandatory supervised release term has been 21 revoked under this subsection (j-5) as provided in Section 22 3-3-9. This subsection (j-5) does not apply to a defendant 23 who has a high school diploma or has successfully passed the 24 GED test. This subsection (j-5) does not apply to a defendant 25 who is determined by the court to be developmentally disabled 26 or otherwise mentally incapable of completing the educational 27 or vocational program. 28 (k) A court may not impose a sentence or disposition for 29 a felony or misdemeanor that requires the defendant to be 30 implanted or injected with or to use any form of birth 31 control. 32 (l) (A) Except as provided in paragraph (C) of 33 subsection (l), whenever a defendant, who is an alien as 34 defined by the Immigration and Nationality Act, is -27- LRB9209875RCsbB 1 convicted of any felony or misdemeanor offense, the court 2 after sentencing the defendant may, upon motion of the 3 State's Attorney, hold sentence in abeyance and remand 4 the defendant to the custody of the Attorney General of 5 the United States or his or her designated agent to be 6 deported when: 7 (1) a final order of deportation has been 8 issued against the defendant pursuant to proceedings 9 under the Immigration and Nationality Act, and 10 (2) the deportation of the defendant would not 11 deprecate the seriousness of the defendant's conduct 12 and would not be inconsistent with the ends of 13 justice. 14 Otherwise, the defendant shall be sentenced as 15 provided in this Chapter V. 16 (B) If the defendant has already been sentenced for 17 a felony or misdemeanor offense, or has been placed on 18 probation under Section 10 of the Cannabis Control Act or 19 Section 410 of the Illinois Controlled Substances Act, 20 the court may, upon motion of the State's Attorney to 21 suspend the sentence imposed, commit the defendant to the 22 custody of the Attorney General of the United States or 23 his or her designated agent when: 24 (1) a final order of deportation has been 25 issued against the defendant pursuant to proceedings 26 under the Immigration and Nationality Act, and 27 (2) the deportation of the defendant would not 28 deprecate the seriousness of the defendant's conduct 29 and would not be inconsistent with the ends of 30 justice. 31 (C) This subsection (l) does not apply to offenders 32 who are subject to the provisions of paragraph (2) of 33 subsection (a) of Section 3-6-3. 34 (D) Upon motion of the State's Attorney, if a -28- LRB9209875RCsbB 1 defendant sentenced under this Section returns to the 2 jurisdiction of the United States, the defendant shall be 3 recommitted to the custody of the county from which he or 4 she was sentenced. Thereafter, the defendant shall be 5 brought before the sentencing court, which may impose any 6 sentence that was available under Section 5-5-3 at the 7 time of initial sentencing. In addition, the defendant 8 shall not be eligible for additional good conduct credit 9 for meritorious service as provided under Section 3-6-6. 10 (m) A person convicted of criminal defacement of 11 property under Section 21-1.3 of the Criminal Code of 1961, 12 in which the property damage exceeds $300 and the property 13 damaged is a school building, shall be ordered to perform 14 community service that may include cleanup, removal, or 15 painting over the defacement. 16 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 17 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff. 18 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283, 19 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01; 20 92-422, eff. 8-17-01; revised 8-28-01.)