State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 001 ][ Conference Committee Report 001 ]


92_HB5652eng

 
HB5652 Engrossed                               LRB9214594LBpr

 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 Sections 3-6-3 and 5-4-1 as follows:

 6        (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
 7        Sec. 3-6-3.  Rules and Regulations for Early Release.
 8             (a) (1)  The   Department   of   Corrections   shall
 9        prescribe  rules and regulations for the early release on
10        account of good  conduct  of  persons  committed  to  the
11        Department  which  shall  be  subject  to  review  by the
12        Prisoner Review Board.
13             (2)  The rules  and  regulations  on  early  release
14        shall  provide,  with respect to offenses committed on or
15        after June 19, 1998, the following:
16                  (i)  that a prisoner who is serving a  term  of
17             imprisonment  for  first degree murder shall receive
18             no good conduct credit and shall  serve  the  entire
19             sentence imposed by the court;
20                  (ii)  that  a  prisoner  serving a sentence for
21             attempt to commit first degree murder,  solicitation
22             of   murder,   solicitation   of  murder  for  hire,
23             intentional homicide of an unborn  child,  predatory
24             criminal  sexual  assault  of  a  child,  aggravated
25             criminal  sexual  assault,  criminal sexual assault,
26             aggravated kidnapping,  aggravated  battery  with  a
27             firearm,  heinous  battery,  aggravated battery of a
28             senior citizen, or aggravated  battery  of  a  child
29             shall  receive no more than 4.5 days of good conduct
30             credit for each month of  his  or  her  sentence  of
31             imprisonment; and
 
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 1                  (iii)  that  a  prisoner serving a sentence for
 2             home invasion, armed robbery,  aggravated  vehicular
 3             hijacking,  aggravated  discharge  of  a firearm, or
 4             armed violence with a category I weapon or  category
 5             II  weapon,  when  the  court has made and entered a
 6             finding, pursuant to  subsection  (c-1)  of  Section
 7             5-4-1  of  this  Code,  that  the conduct leading to
 8             conviction for the enumerated  offense  resulted  in
 9             great bodily harm to a victim, shall receive no more
10             than  4.5 days of good conduct credit for each month
11             of his or her sentence of imprisonment.
12             (2.1)  For all offenses, other than those enumerated
13        in subdivision (a)(2) committed  on  or  after  June  19,
14        1998,  and other than the offense of reckless homicide as
15        defined in subsection (e) of Section 9-3 of the  Criminal
16        Code  of  1961 committed on or after January 1, 1999, the
17        rules and regulations shall provide that a  prisoner  who
18        is  serving  a term of imprisonment shall receive one day
19        of good conduct  credit  for  each  day  of  his  or  her
20        sentence  of  imprisonment  or recommitment under Section
21        3-3-9. Each day of good conduct credit  shall  reduce  by
22        one   day   the  prisoner's  period  of  imprisonment  or
23        recommitment under Section 3-3-9.
24             (2.2)  A prisoner serving a  term  of  natural  life
25        imprisonment  or  a  prisoner  who  has been sentenced to
26        death shall receive no good conduct credit.
27             (2.3)  The rules and regulations  on  early  release
28        shall  provide  that a prisoner who is serving a sentence
29        for reckless homicide as defined  in  subsection  (e)  of
30        Section  9-3 of the Criminal Code of 1961 committed on or
31        after January 1, 1999 shall receive no more than 4.5 days
32        of good conduct credit for  each  month  of  his  or  her
33        sentence of imprisonment.
34             (2.4)  The  rules  and  regulations on early release
 
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 1        shall provide with respect to the offenses of  aggravated
 2        battery with a machine gun or a firearm equipped with any
 3        device  or  attachment designed or used for silencing the
 4        report of a firearm or aggravated discharge of a  machine
 5        gun  or  a firearm equipped with any device or attachment
 6        designed or used for silencing the report of  a  firearm,
 7        committed   on  or  after  the  effective  date  of  this
 8        amendatory  Act  of  1999,  that  a  prisoner  serving  a
 9        sentence for any of these offenses shall receive no  more
10        than  4.5  days  of good conduct credit for each month of
11        his or her sentence of imprisonment.
12             (2.5)  The rules and regulations  on  early  release
13        shall  provide  that a prisoner who is serving a sentence
14        for aggravated arson committed on or after the  effective
15        date  of this amendatory Act of the 92nd General Assembly
16        shall receive no more  than  4.5  days  of  good  conduct
17        credit   for  each  month  of  his  or  her  sentence  of
18        imprisonment.
19             (2.6)  The rules and regulations  on  early  release
20        shall  provide  that a prisoner who is serving a sentence
21        for  cannabis  trafficking  under  Section  5.1  of   the
22        Cannabis  Control Act or controlled substance trafficking
23        under Section 401.1 of the Illinois Controlled Substances
24        Act, if  the  offense  was  committed  on  or  after  the
25        effective date of this amendatory Act of the 92nd General
26        Assembly  shall  receive  no  more  than 4.5 days of good
27        conduct credit for each month of his or her  sentence  of
28        imprisonment.
29             (3)  The  rules  and  regulations shall also provide
30        that the Director may award up  to  180  days  additional
31        good  conduct  credit for meritorious service in specific
32        instances as the Director deems proper;  except  that  no
33        more  than 90 days of good conduct credit for meritorious
34        service shall be awarded to any prisoner who is serving a
 
HB5652 Engrossed            -4-                LRB9214594LBpr
 1        sentence for conviction of first degree murder,  reckless
 2        homicide  while  under  the  influence  of alcohol or any
 3        other drug, aggravated kidnapping, kidnapping,  predatory
 4        criminal  sexual  assault of a child, aggravated criminal
 5        sexual assault, criminal sexual assault,  deviate  sexual
 6        assault,  aggravated  criminal  sexual  abuse, aggravated
 7        indecent liberties with a child, indecent liberties  with
 8        a  child,  child pornography, heinous battery, aggravated
 9        battery of a spouse, aggravated battery of a spouse  with
10        a  firearm,  stalking,  aggravated  stalking,  aggravated
11        battery  of  a child, endangering the life or health of a
12        child, cruelty to  a  child,  or  narcotic  racketeering.
13        Notwithstanding  the  foregoing,  good conduct credit for
14        meritorious service shall not be awarded on a sentence of
15        imprisonment imposed for conviction of: (i)  one  of  the
16        offenses   enumerated  in  subdivision  (a)(2)  when  the
17        offense is committed on or  after  June  19,  1998,  (ii)
18        reckless homicide as defined in subsection (e) of Section
19        9-3  of  the  Criminal  Code  of 1961 when the offense is
20        committed on or after January 1, 1999, (iii) one  of  the
21        offenses  enumerated  in  subdivision  (a)(2.4)  when the
22        offense is committed on or after the  effective  date  of
23        this  amendatory  Act  of  1999, or (iv) aggravated arson
24        when the offense is committed on or after  the  effective
25        date of this amendatory Act of the 92nd General Assembly,
26        or  (v)  one  of  the  offenses enumerated in subdivision
27        (a)(2.6) when the offense is committed on  or  after  the
28        effective date of this amendatory Act of the 92nd General
29        Assembly.
30             (4)  The  rules  and  regulations shall also provide
31        that the good conduct  credit  accumulated  and  retained
32        under  paragraph  (2.1) of subsection (a) of this Section
33        by any inmate during specific periods of  time  in  which
34        such  inmate  is  engaged  full-time  in  substance abuse
 
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 1        programs,   correctional   industry    assignments,    or
 2        educational  programs  provided  by  the Department under
 3        this  paragraph  (4)  and  satisfactorily  completes  the
 4        assigned program as determined by the  standards  of  the
 5        Department,  shall  be multiplied by a factor of 1.25 for
 6        program participation before August 11, 1993 and 1.50 for
 7        program participation on or after that date. However,  no
 8        inmate  shall be eligible for the additional good conduct
 9        credit under this paragraph (4) while assigned to a  boot
10        camp,  mental health unit, or electronic detention, or if
11        convicted of an offense enumerated in paragraph (a)(2) of
12        this Section that is committed on or after June 19, 1998,
13        or if  convicted  of  reckless  homicide  as  defined  in
14        subsection  (e)  of  Section  9-3 of the Criminal Code of
15        1961 if the offense is committed on or after  January  1,
16        1999,  or  if  convicted  of  an  offense  enumerated  in
17        paragraph  (a)(2.4)  of this Section that is committed on
18        or after the effective date of  this  amendatory  Act  of
19        1999,  or  if  convicted  of  an  offense  enumerated  in
20        paragraph  (a)(2.6)  of this Section that is committed on
21        or after the effective date of this amendatory Act of the
22        92nd General Assembly, or first degree murder, a Class  X
23        felony,  criminal  sexual assault, felony criminal sexual
24        abuse,  aggravated  criminal  sexual  abuse,   aggravated
25        battery  with  a firearm, or any predecessor or successor
26        offenses  with  the  same  or  substantially   the   same
27        elements,  or  any  inchoate  offenses  relating  to  the
28        foregoing  offenses.  No inmate shall be eligible for the
29        additional good conduct credit under this  paragraph  (4)
30        who  (i)  has  previously received increased good conduct
31        credit under this paragraph (4) and has subsequently been
32        convicted of a felony, or (ii) has previously served more
33        than one prior sentence of imprisonment for a  felony  in
34        an adult correctional facility.
 
HB5652 Engrossed            -6-                LRB9214594LBpr
 1             Educational,   vocational,   substance   abuse   and
 2        correctional  industry  programs under which good conduct
 3        credit may be increased under this paragraph (4) shall be
 4        evaluated by the Department on the  basis  of  documented
 5        standards.   The  Department  shall report the results of
 6        these  evaluations  to  the  Governor  and  the   General
 7        Assembly  by  September  30th  of each year.  The reports
 8        shall include data relating to the recidivism rate  among
 9        program participants.
10             Availability  of  these programs shall be subject to
11        the  limits  of  fiscal  resources  appropriated  by  the
12        General Assembly for these  purposes.   Eligible  inmates
13        who  are  denied immediate admission shall be placed on a
14        waiting  list   under   criteria   established   by   the
15        Department. The inability of any inmate to become engaged
16        in  any  such  programs by reason of insufficient program
17        resources or for any other reason established  under  the
18        rules  and  regulations  of  the  Department shall not be
19        deemed a cause of action under which  the  Department  or
20        any  employee  or agent of the Department shall be liable
21        for damages to the inmate.
22             (5)  Whenever  the  Department  is  to  release  any
23        inmate earlier than it otherwise would because of a grant
24        of good conduct credit for meritorious service  given  at
25        any  time  during  the  term,  the  Department shall give
26        reasonable advance notice of the impending release to the
27        State's Attorney of the county where the  prosecution  of
28        the inmate took place.
29        (b)  Whenever  a  person  is  or has been committed under
30    several convictions, with separate sentences,  the  sentences
31    shall  be  construed  under  Section  5-8-4  in  granting and
32    forfeiting of good time.
33        (c)  The Department shall prescribe rules and regulations
34    for revoking good conduct credit, or suspending  or  reducing
 
HB5652 Engrossed            -7-                LRB9214594LBpr
 1    the  rate of accumulation of good conduct credit for specific
 2    rule  violations,  during  imprisonment.   These  rules   and
 3    regulations  shall  provide  that  no inmate may be penalized
 4    more than one  year  of  good  conduct  credit  for  any  one
 5    infraction.
 6        When  the  Department  seeks to revoke, suspend or reduce
 7    the rate of accumulation of any good conduct credits  for  an
 8    alleged  infraction  of  its  rules,  it  shall bring charges
 9    therefor against the prisoner sought to  be  so  deprived  of
10    good  conduct  credits  before  the  Prisoner Review Board as
11    provided in subparagraph (a)(4)  of  Section  3-3-2  of  this
12    Code,  if  the  amount  of credit at issue exceeds 30 days or
13    when during any 12 month period,  the  cumulative  amount  of
14    credit revoked exceeds 30 days except where the infraction is
15    committed  or discovered within 60 days of scheduled release.
16    In those cases, the Department of Corrections may  revoke  up
17    to 30 days of good conduct credit. The Board may subsequently
18    approve  the revocation of additional good conduct credit, if
19    the Department seeks to revoke good conduct credit in  excess
20    of  30  days.   However,  the Board shall not be empowered to
21    review the Department's decision with respect to the loss  of
22    30  days  of good conduct credit within any calendar year for
23    any prisoner or to increase any  penalty  beyond  the  length
24    requested by the Department.
25        The   Director  of  the  Department  of  Corrections,  in
26    appropriate cases, may restore up to  30  days  good  conduct
27    credits  which  have  been revoked, suspended or reduced. Any
28    restoration of good conduct credits  in  excess  of  30  days
29    shall  be  subject  to  review  by the Prisoner Review Board.
30    However, the Board may not restore  good  conduct  credit  in
31    excess of the amount requested by the Director.
32        Nothing  contained  in  this  Section  shall prohibit the
33    Prisoner Review Board  from  ordering,  pursuant  to  Section
34    3-3-9(a)(3)(i)(B),  that  a  prisoner serve up to one year of
 
HB5652 Engrossed            -8-                LRB9214594LBpr
 1    the sentence imposed by the court that was not served due  to
 2    the accumulation of good conduct credit.
 3        (d)  If  a  lawsuit is filed by a prisoner in an Illinois
 4    or  federal  court  against  the  State,  the  Department  of
 5    Corrections, or the Prisoner Review Board, or against any  of
 6    their  officers  or employees, and the court makes a specific
 7    finding that a pleading, motion, or other paper filed by  the
 8    prisoner  is  frivolous,  the Department of Corrections shall
 9    conduct a hearing to revoke up to 180 days  of  good  conduct
10    credit  by bringing charges against the prisoner sought to be
11    deprived of the good  conduct  credits  before  the  Prisoner
12    Review  Board  as  provided in subparagraph (a)(8) of Section
13    3-3-2 of this Code. If the prisoner has not  accumulated  180
14    days  of good conduct credit at the time of the finding, then
15    the Prisoner Review Board may revoke all good conduct  credit
16    accumulated by the prisoner.
17        For purposes of this subsection (d):
18             (1)  "Frivolous"  means  that a pleading, motion, or
19        other filing which purports to be a legal document  filed
20        by  a  prisoner in his or her lawsuit meets any or all of
21        the following criteria:
22                  (A)  it lacks an arguable basis either  in  law
23             or in fact;
24                  (B)  it  is  being  presented  for any improper
25             purpose, such as to harass or to  cause  unnecessary
26             delay   or   needless   increase   in  the  cost  of
27             litigation;
28                  (C)  the  claims,  defenses,  and  other  legal
29             contentions therein are not  warranted  by  existing
30             law or by a nonfrivolous argument for the extension,
31             modification,  or  reversal  of  existing law or the
32             establishment of new law;
33                  (D)  the   allegations   and   other    factual
34             contentions  do  not have evidentiary support or, if
 
HB5652 Engrossed            -9-                LRB9214594LBpr
 1             specifically so identified, are not likely  to  have
 2             evidentiary  support  after a reasonable opportunity
 3             for further investigation or discovery; or
 4                  (E)  the denials of factual contentions are not
 5             warranted on the evidence,  or  if  specifically  so
 6             identified,  are  not  reasonably based on a lack of
 7             information or belief.
 8             (2)  "Lawsuit" means a petition for  post-conviction
 9        relief   under  Article  122  of  the  Code  of  Criminal
10        Procedure of 1963, a motion pursuant to Section 116-3  of
11        the  Code  of Criminal Procedure of 1963, a habeas corpus
12        action under Article X of the Code of Civil Procedure  or
13        under  federal law (28 U.S.C. 2254), a petition for claim
14        under the Court of Claims Act  or  an  action  under  the
15        federal Civil Rights Act (42 U.S.C. 1983).
16        (e)  Nothing  in  this amendatory Act of 1998 affects the
17    validity of Public Act 89-404.
18    (Source: P.A. 91-121, eff.  7-15-99;  91-357,  eff.  7-29-99;
19    92-176, eff. 7-27-01.)

20        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
21        Sec. 5-4-1.  Sentencing Hearing.
22        (a)  Except  when  the  death  penalty  is  sought  under
23    hearing procedures otherwise specified, after a determination
24    of  guilt,  a  hearing  shall be held to impose the sentence.
25    However, prior to the imposition of sentence on an individual
26    being sentenced for an offense based  upon  a  charge  for  a
27    violation of Section 11-501 of the Illinois Vehicle Code or a
28    similar  provision  of a local ordinance, the individual must
29    undergo a professional evaluation to determine if an  alcohol
30    or  other  drug abuse problem exists and the extent of such a
31    problem.  Programs  conducting  these  evaluations  shall  be
32    licensed  by  the  Department of Human Services.  However, if
33    the individual is not a resident of Illinois, the court  may,
 
HB5652 Engrossed            -10-               LRB9214594LBpr
 1    in its discretion, accept an evaluation from a program in the
 2    state  of  such  individual's residence. The court may in its
 3    sentencing order approve an eligible defendant for  placement
 4    in  a  Department of Corrections impact incarceration program
 5    as provided in Section 5-8-1.1.  At  the  hearing  the  court
 6    shall:
 7             (1)  consider  the  evidence,  if any, received upon
 8        the trial;
 9             (2)  consider any presentence reports;
10             (3)  consider the financial impact of  incarceration
11        based  on  the  financial impact statement filed with the
12        clerk of the court by the Department of Corrections;
13             (4)  consider evidence and  information  offered  by
14        the parties in aggravation and mitigation;
15             (5)  hear arguments as to sentencing alternatives;
16             (6)  afford  the defendant the opportunity to make a
17        statement in his own behalf;
18             (7)  afford the victim  of  a  violent  crime  or  a
19        violation of Section 11-501 of the Illinois Vehicle Code,
20        or  a  similar  provision  of  a  local  ordinance,  or a
21        qualified individual affected by a violation  of  Section
22        405,  405.1,  405.2,  or  407  of the Illinois Controlled
23        Substances  Act,   committed   by   the   defendant   the
24        opportunity  to make a statement concerning the impact on
25        the victim  and  to  offer  evidence  in  aggravation  or
26        mitigation;  provided  that  the  statement  and evidence
27        offered  in  aggravation  or  mitigation  must  first  be
28        prepared in  writing  in  conjunction  with  the  State's
29        Attorney  before  it  may  be  presented  orally  at  the
30        hearing.  Any  sworn  testimony  offered by the victim is
31        subject to the defendant's right  to  cross-examine.  All
32        statements  and evidence offered under this paragraph (7)
33        shall become part of the record of the  court.   For  the
34        purpose  of  this  paragraph  (7), "qualified individual"
 
HB5652 Engrossed            -11-               LRB9214594LBpr
 1        means any person who  (i)  lived  or  worked  within  the
 2        territorial  jurisdiction  where  the  offense took place
 3        when the offense took place; and (ii)  is  familiar  with
 4        various public places within the territorial jurisdiction
 5        where the offense took place when the offense took place.
 6        For  the  purposes  of  this  paragraph  (7),  "qualified
 7        individual"  includes any peace officer, or any member of
 8        any duly organized State, county, or municipal peace unit
 9        assigned  to  the  territorial  jurisdiction  where   the
10        offense took place when the offense took place; and
11             (8)  in   cases  of  reckless  homicide  afford  the
12        victim's spouse, guardians, parents  or  other  immediate
13        family members an opportunity to make oral statements.
14        (b)  All  sentences  shall  be imposed by the judge based
15    upon his independent assessment  of  the  elements  specified
16    above  and  any  agreement  as  to  sentence  reached  by the
17    parties.  The judge who presided at the trial  or  the  judge
18    who  accepted  the  plea  of guilty shall impose the sentence
19    unless he is no longer sitting as  a  judge  in  that  court.
20    Where  the judge does not impose sentence at the same time on
21    all defendants  who  are  convicted  as  a  result  of  being
22    involved  in  the  same offense, the defendant or the State's
23    Attorney may advise the sentencing court of  the  disposition
24    of any other defendants who have been sentenced.
25        (c)  In imposing a sentence for a violent crime or for an
26    offense  of  operating  or  being  in  physical  control of a
27    vehicle while under the influence of alcohol, any other  drug
28    or any combination thereof, or a similar provision of a local
29    ordinance,  when such offense resulted in the personal injury
30    to someone other than the defendant, the  trial  judge  shall
31    specify  on  the record the particular evidence, information,
32    factors in mitigation and aggravation or other  reasons  that
33    led to his sentencing determination. The full verbatim record
34    of  the  sentencing  hearing shall be filed with the clerk of
 
HB5652 Engrossed            -12-               LRB9214594LBpr
 1    the court and shall be a public record.
 2        (c-1)  In  imposing  a  sentence  for  the   offense   of
 3    aggravated   kidnapping  for  ransom,  home  invasion,  armed
 4    robbery, aggravated vehicular hijacking, aggravated discharge
 5    of a firearm, or armed violence with a category I  weapon  or
 6    category  II  weapon, the trial judge shall make a finding as
 7    to whether the conduct leading to conviction for the  offense
 8    resulted  in  great  bodily harm to a victim, and shall enter
 9    that finding and the basis for that finding in the record.
10        (c-2)  If the defendant is  sentenced  to  prison,  other
11    than  when  a  sentence  of  natural  life  imprisonment or a
12    sentence of death is imposed, at the  time  the  sentence  is
13    imposed the judge shall state on the record in open court the
14    approximate  period  of  time  the  defendant  will  serve in
15    custody according to the then  current  statutory  rules  and
16    regulations  for  early  release  found  in Section 3-6-3 and
17    other related provisions of this  Code.   This  statement  is
18    intended  solely to inform the public, has no legal effect on
19    the defendant's actual release, and may not be relied  on  by
20    the defendant on appeal.
21        The  judge's statement, to be given after pronouncing the
22    sentence, other than when the sentence is imposed for one  of
23    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
24    shall include the following:
25        "The purpose of this statement is to inform the public of
26    the  actual  period of time this defendant is likely to spend
27    in prison as a result of this sentence.  The actual period of
28    prison time served is determined by the statutes of  Illinois
29    as  applied  to  this  sentence by the Illinois Department of
30    Corrections and the Illinois Prisoner Review Board.  In  this
31    case,  assuming the defendant receives all of his or her good
32    conduct credit, the period of estimated actual custody is ...
33    years and ... months, less up to  180  days  additional  good
34    conduct  credit  for  meritorious service.  If the defendant,
 
HB5652 Engrossed            -13-               LRB9214594LBpr
 1    because of his or her own misconduct  or  failure  to  comply
 2    with  the  institutional  regulations, does not receive those
 3    credits, the actual time served in  prison  will  be  longer.
 4    The  defendant  may  also  receive an additional one-half day
 5    good  conduct  credit  for  each  day  of  participation   in
 6    vocational,   industry,   substance  abuse,  and  educational
 7    programs as provided for by Illinois statute."
 8        When the sentence is imposed  for  one  of  the  offenses
 9    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
10    when  the  sentence  is  imposed  for  one  of  the  offenses
11    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
12    or  after  June 19, 1998, and other than when the sentence is
13    imposed for reckless homicide as defined in subsection (e) of
14    Section 9-3 of the Criminal Code of 1961 if the  offense  was
15    committed  on  or  after January 1, 1999, and other than when
16    the sentence is imposed for aggravated arson if  the  offense
17    was  committed  on  or  after  the  effective  date  of  this
18    amendatory  Act  of the 92nd General Assembly, and other than
19    when  the  sentence  is  imposed  for  one  of  the  offenses
20    enumerated in paragraph (a)(2.6) of Section  3-6-3  committed
21    on  or after the effective date of this amendatory Act of the
22    92nd General Assembly, the judge's  statement,  to  be  given
23    after pronouncing the sentence, shall include the following:
24        "The purpose of this statement is to inform the public of
25    the  actual  period of time this defendant is likely to spend
26    in prison as a result of this sentence.  The actual period of
27    prison time served is determined by the statutes of  Illinois
28    as  applied  to  this  sentence by the Illinois Department of
29    Corrections and the Illinois Prisoner Review Board.  In  this
30    case,  assuming the defendant receives all of his or her good
31    conduct credit, the period of estimated actual custody is ...
32    years and ... months, less up  to  90  days  additional  good
33    conduct  credit  for  meritorious service.  If the defendant,
34    because of his or her own misconduct  or  failure  to  comply
 
HB5652 Engrossed            -14-               LRB9214594LBpr
 1    with  the  institutional  regulations, does not receive those
 2    credits, the actual time served in  prison  will  be  longer.
 3    The  defendant  may  also  receive an additional one-half day
 4    good  conduct  credit  for  each  day  of  participation   in
 5    vocational,   industry,   substance  abuse,  and  educational
 6    programs as provided for by Illinois statute."
 7        When the sentence is imposed  for  one  of  the  offenses
 8    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
 9    first degree murder, and the  offense  was  committed  on  or
10    after  June  19,  1998,  and when the sentence is imposed for
11    reckless homicide as defined in subsection (e) of Section 9-3
12    of the Criminal Code of 1961 if the offense was committed  on
13    or  after  January  1, 1999, and when the sentence is imposed
14    for aggravated arson if the offense was committed on or after
15    the effective date of this amendatory Act of the 92nd General
16    Assembly, and when the sentence is imposed  for  one  of  the
17    offenses enumerated in paragraph (a)(2.6) of Section 3-6-3 of
18    this  Code  committed  on or after the effective date of this
19    amendatory Act of the  92nd  General  Assembly,  the  judge's
20    statement,  to be given after pronouncing the sentence, shall
21    include the following:
22        "The purpose of this statement is to inform the public of
23    the actual period of time this defendant is likely  to  spend
24    in prison as a result of this sentence.  The actual period of
25    prison  time served is determined by the statutes of Illinois
26    as applied to this sentence by  the  Illinois  Department  of
27    Corrections  and the Illinois Prisoner Review Board.  In this
28    case, the defendant is entitled to no more than 4 1/2 days of
29    good conduct credit for each month of his or her sentence  of
30    imprisonment.   Therefore, this defendant will serve at least
31    85% of his or her sentence.  Assuming the defendant  receives
32    4  1/2 days credit for each month of his or her sentence, the
33    period of estimated actual  custody  is  ...  years  and  ...
34    months.   If  the  defendant,  because  of  his  or  her  own
 
HB5652 Engrossed            -15-               LRB9214594LBpr
 1    misconduct  or  failure  to  comply  with  the  institutional
 2    regulations receives lesser credit, the actual time served in
 3    prison will be longer."
 4        When  a  sentence  of  imprisonment  is imposed for first
 5    degree murder and the offense was committed on or after  June
 6    19,   1998,   the   judge's  statement,  to  be  given  after
 7    pronouncing the sentence, shall include the following:
 8        "The purpose of this statement is to inform the public of
 9    the actual period of time this defendant is likely  to  spend
10    in prison as a result of this sentence.  The actual period of
11    prison  time served is determined by the statutes of Illinois
12    as applied to this sentence by  the  Illinois  Department  of
13    Corrections  and the Illinois Prisoner Review Board.  In this
14    case, the defendant is not entitled to good  conduct  credit.
15    Therefore,  this  defendant  will  serve  100%  of his or her
16    sentence."
17        (d)  When the defendant is committed to the Department of
18    Corrections, the State's Attorney shall and counsel  for  the
19    defendant may file a statement with the clerk of the court to
20    be  transmitted  to  the department, agency or institution to
21    which the defendant is committed to furnish such  department,
22    agency or institution with the facts and circumstances of the
23    offense  for which the person was committed together with all
24    other factual information accessible to them in regard to the
25    person prior  to  his  commitment  relative  to  his  habits,
26    associates,  disposition  and  reputation and any other facts
27    and circumstances which may aid such  department,  agency  or
28    institution  during  its  custody  of such person.  The clerk
29    shall within 10 days  after  receiving  any  such  statements
30    transmit a copy to such department, agency or institution and
31    a copy to the other party, provided, however, that this shall
32    not  be  cause  for  delay  in  conveying  the  person to the
33    department, agency  or  institution  to  which  he  has  been
34    committed.
 
HB5652 Engrossed            -16-               LRB9214594LBpr
 1        (e)  The  clerk  of  the  court  shall  transmit  to  the
 2    department,  agency  or  institution,  if  any,  to which the
 3    defendant is committed, the following:
 4             (1)  the sentence imposed;
 5             (2)  any statement by the court  of  the  basis  for
 6        imposing the sentence;
 7             (3)  any presentence reports;
 8             (4)  the number of days, if any, which the defendant
 9        has  been  in  custody  and  for  which he is entitled to
10        credit against the sentence, which information  shall  be
11        provided to the clerk by the sheriff;
12             (4.1)  any  finding of great bodily harm made by the
13        court with respect to an offense enumerated in subsection
14        (c-1);
15             (5)  all statements filed under  subsection  (d)  of
16        this Section;
17             (6)  any   medical   or  mental  health  records  or
18        summaries of the defendant;
19             (7)  the  municipality  where  the  arrest  of   the
20        offender  or  the commission of the offense has occurred,
21        where such municipality has a  population  of  more  than
22        25,000 persons;
23             (8)  all  statements made and evidence offered under
24        paragraph (7) of subsection (a) of this Section; and
25             (9)  all additional matters which the court  directs
26        the clerk to transmit.
27    (Source:  P.A.  91-357,  eff.  7-29-99;  91-899, eff. 1-1-01;
28    92-176, eff. 7-27-01.)

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