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92_HB5652enr HB5652 Enrolled 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 2. The Criminal Code of 1961 is amended by 5 changing Section 18-5 as follows: 6 (720 ILCS 5/18-5) 7 Sec. 18-5. Aggravated robbery. 8 (a) A person commits aggravated robbery when he or she 9 takes property from the person or presence of another by the 10 use of force or by threatening the imminent use of force 11 while falsely indicating verbally or by his or her actions to 12 the victim that he or she is presently armed with a firearm 13 or other dangerous weapon, including a knife, club, ax, or 14 bludgeon.This offense shall be applicable even though it is15later determined that he or she had no firearm or other16dangerous weapon, including a knife, club, ax, or bludgeon,17in his or her possession when he or she committed the18robbery.19 (a-5) A person commits aggravated robbery when he or she 20 takes property from the person or presence of another by 21 delivering (by injection, inhalation, ingestion, transfer of 22 possession, or any other means) to the victim without his or 23 her consent, or by threat or deception, and for other than 24 medical purposes, any controlled substance. 25 (b) Sentence. Aggravated robbery is a Class 1 felony. 26 (Source: P.A. 90-593, eff. 1-1-99; 90-735, eff. 8-11-98; 27 91-357, eff. 7-29-99.) 28 Section 5. The Unified Code of Corrections is amended by 29 changing Sections 3-6-3 and 5-4-1 as follows: HB5652 Enrolled -2- LRB9214594LBpr 1 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 2 Sec. 3-6-3. Rules and Regulations for Early Release. 3 (a) (1) The Department of Corrections shall 4 prescribe rules and regulations for the early release on 5 account of good conduct of persons committed to the 6 Department which shall be subject to review by the 7 Prisoner Review Board. 8 (2) The rules and regulations on early release 9 shall provide, with respect to offenses committed on or 10 after June 19, 1998, the following: 11 (i) that a prisoner who is serving a term of 12 imprisonment for first degree murder shall receive 13 no good conduct credit and shall serve the entire 14 sentence imposed by the court; 15 (ii) that a prisoner serving a sentence for 16 attempt to commit first degree murder, solicitation 17 of murder, solicitation of murder for hire, 18 intentional homicide of an unborn child, predatory 19 criminal sexual assault of a child, aggravated 20 criminal sexual assault, criminal sexual assault, 21 aggravated kidnapping, aggravated battery with a 22 firearm, heinous battery, aggravated battery of a 23 senior citizen, or aggravated battery of a child 24 shall receive no more than 4.5 days of good conduct 25 credit for each month of his or her sentence of 26 imprisonment; and 27 (iii) that a prisoner serving a sentence for 28 home invasion, armed robbery, aggravated vehicular 29 hijacking, aggravated discharge of a firearm, or 30 armed violence with a category I weapon or category 31 II weapon, when the court has made and entered a 32 finding, pursuant to subsection (c-1) of Section 33 5-4-1 of this Code, that the conduct leading to 34 conviction for the enumerated offense resulted in HB5652 Enrolled -3- LRB9214594LBpr 1 great bodily harm to a victim, shall receive no more 2 than 4.5 days of good conduct credit for each month 3 of his or her sentence of imprisonment. 4 (2.1) For all offenses, other than those enumerated 5 in subdivision (a)(2) committed on or after June 19, 6 1998, and other than the offense of reckless homicide as 7 defined in subsection (e) of Section 9-3 of the Criminal 8 Code of 1961 committed on or after January 1, 1999, the 9 rules and regulations shall provide that a prisoner who 10 is serving a term of imprisonment shall receive one day 11 of good conduct credit for each day of his or her 12 sentence of imprisonment or recommitment under Section 13 3-3-9. Each day of good conduct credit shall reduce by 14 one day the prisoner's period of imprisonment or 15 recommitment under Section 3-3-9. 16 (2.2) A prisoner serving a term of natural life 17 imprisonment or a prisoner who has been sentenced to 18 death shall receive no good conduct credit. 19 (2.3) The rules and regulations on early release 20 shall provide that a prisoner who is serving a sentence 21 for reckless homicide as defined in subsection (e) of 22 Section 9-3 of the Criminal Code of 1961 committed on or 23 after January 1, 1999 shall receive no more than 4.5 days 24 of good conduct credit for each month of his or her 25 sentence of imprisonment. 26 (2.4) The rules and regulations on early release 27 shall provide with respect to the offenses of aggravated 28 battery with a machine gun or a firearm equipped with any 29 device or attachment designed or used for silencing the 30 report of a firearm or aggravated discharge of a machine 31 gun or a firearm equipped with any device or attachment 32 designed or used for silencing the report of a firearm, 33 committed on or after the effective date of this 34 amendatory Act of 1999, that a prisoner serving a HB5652 Enrolled -4- LRB9214594LBpr 1 sentence for any of these offenses shall receive no more 2 than 4.5 days of good conduct credit for each month of 3 his or her sentence of imprisonment. 4 (2.5) The rules and regulations on early release 5 shall provide that a prisoner who is serving a sentence 6 for aggravated arson committed on or after the effective 7 date of this amendatory Act of the 92nd General Assembly 8 shall receive no more than 4.5 days of good conduct 9 credit for each month of his or her sentence of 10 imprisonment. 11 (2.6) The rules and regulations on early release 12 shall provide that a prisoner who is serving a sentence 13 for cannabis trafficking under Section 5.1 of the 14 Cannabis Control Act or controlled substance trafficking 15 under Section 401.1 of the Illinois Controlled Substances 16 Act, if the offense was committed on or after the 17 effective date of this amendatory Act of the 92nd General 18 Assembly shall receive no more than 4.5 days of good 19 conduct credit for each month of his or her sentence of 20 imprisonment. 21 (3) The rules and regulations shall also provide 22 that the Director may award up to 180 days additional 23 good conduct credit for meritorious service in specific 24 instances as the Director deems proper; except that no 25 more than 90 days of good conduct credit for meritorious 26 service shall be awarded to any prisoner who is serving a 27 sentence for conviction of first degree murder, reckless 28 homicide while under the influence of alcohol or any 29 other drug, aggravated kidnapping, kidnapping, predatory 30 criminal sexual assault of a child, aggravated criminal 31 sexual assault, criminal sexual assault, deviate sexual 32 assault, aggravated criminal sexual abuse, aggravated 33 indecent liberties with a child, indecent liberties with 34 a child, child pornography, heinous battery, aggravated HB5652 Enrolled -5- LRB9214594LBpr 1 battery of a spouse, aggravated battery of a spouse with 2 a firearm, stalking, aggravated stalking, aggravated 3 battery of a child, endangering the life or health of a 4 child, cruelty to a child, or narcotic racketeering. 5 Notwithstanding the foregoing, good conduct credit for 6 meritorious service shall not be awarded on a sentence of 7 imprisonment imposed for conviction of: (i) one of the 8 offenses enumerated in subdivision (a)(2) when the 9 offense is committed on or after June 19, 1998, (ii) 10 reckless homicide as defined in subsection (e) of Section 11 9-3 of the Criminal Code of 1961 when the offense is 12 committed on or after January 1, 1999, (iii) one of the 13 offenses enumerated in subdivision (a)(2.4) when the 14 offense is committed on or after the effective date of 15 this amendatory Act of 1999,or(iv) aggravated arson 16 when the offense is committed on or after the effective 17 date of this amendatory Act of the 92nd General Assembly, 18 or (v) one of the offenses enumerated in subdivision 19 (a)(2.6) when the offense is committed on or after the 20 effective date of this amendatory Act of the 92nd General 21 Assembly. 22 (4) The rules and regulations shall also provide 23 that the good conduct credit accumulated and retained 24 under paragraph (2.1) of subsection (a) of this Section 25 by any inmate during specific periods of time in which 26 such inmate is engaged full-time in substance abuse 27 programs, correctional industry assignments, or 28 educational programs provided by the Department under 29 this paragraph (4) and satisfactorily completes the 30 assigned program as determined by the standards of the 31 Department, shall be multiplied by a factor of 1.25 for 32 program participation before August 11, 1993 and 1.50 for 33 program participation on or after that date. However, no 34 inmate shall be eligible for the additional good conduct HB5652 Enrolled -6- LRB9214594LBpr 1 credit under this paragraph (4) while assigned to a boot 2 camp, mental health unit, or electronic detention, or if 3 convicted of an offense enumerated in paragraph (a)(2) of 4 this Section that is committed on or after June 19, 1998, 5 or if convicted of reckless homicide as defined in 6 subsection (e) of Section 9-3 of the Criminal Code of 7 1961 if the offense is committed on or after January 1, 8 1999, or if convicted of an offense enumerated in 9 paragraph (a)(2.4) of this Section that is committed on 10 or after the effective date of this amendatory Act of 11 1999, or if convicted of reckless homicide as defined in 12 subsection (e-5) of Section 9-3 of the Criminal Code of 13 1961 if the offense is committed on or after the 14 effective date of this amendatory Act of the 92nd General 15 Assembly, or if convicted of an offense enumerated in 16 paragraph (a)(2.6) of this Section that is committed on 17 or after the effective date of this amendatory Act of the 18 92nd General Assembly, or first degree murder, a Class X 19 felony, criminal sexual assault, felony criminal sexual 20 abuse, aggravated criminal sexual abuse, aggravated 21 battery with a firearm, or any predecessor or successor 22 offenses with the same or substantially the same 23 elements, or any inchoate offenses relating to the 24 foregoing offenses. No inmate shall be eligible for the 25 additional good conduct credit under this paragraph (4) 26 who (i) has previously received increased good conduct 27 credit under this paragraph (4) and has subsequently been 28 convicted of a felony, or (ii) has previously served more 29 than one prior sentence of imprisonment for a felony in 30 an adult correctional facility. 31 Educational, vocational, substance abuse and 32 correctional industry programs under which good conduct 33 credit may be increased under this paragraph (4) shall be 34 evaluated by the Department on the basis of documented HB5652 Enrolled -7- LRB9214594LBpr 1 standards. The Department shall report the results of 2 these evaluations to the Governor and the General 3 Assembly by September 30th of each year. The reports 4 shall include data relating to the recidivism rate among 5 program participants. 6 Availability of these programs shall be subject to 7 the limits of fiscal resources appropriated by the 8 General Assembly for these purposes. Eligible inmates 9 who are denied immediate admission shall be placed on a 10 waiting list under criteria established by the 11 Department. The inability of any inmate to become engaged 12 in any such programs by reason of insufficient program 13 resources or for any other reason established under the 14 rules and regulations of the Department shall not be 15 deemed a cause of action under which the Department or 16 any employee or agent of the Department shall be liable 17 for damages to the inmate. 18 (5) Whenever the Department is to release any 19 inmate earlier than it otherwise would because of a grant 20 of good conduct credit for meritorious service given at 21 any time during the term, the Department shall give 22 reasonable advance notice of the impending release to the 23 State's Attorney of the county where the prosecution of 24 the inmate took place. 25 (b) Whenever a person is or has been committed under 26 several convictions, with separate sentences, the sentences 27 shall be construed under Section 5-8-4 in granting and 28 forfeiting of good time. 29 (c) The Department shall prescribe rules and regulations 30 for revoking good conduct credit, or suspending or reducing 31 the rate of accumulation of good conduct credit for specific 32 rule violations, during imprisonment. These rules and 33 regulations shall provide that no inmate may be penalized 34 more than one year of good conduct credit for any one HB5652 Enrolled -8- LRB9214594LBpr 1 infraction. 2 When the Department seeks to revoke, suspend or reduce 3 the rate of accumulation of any good conduct credits for an 4 alleged infraction of its rules, it shall bring charges 5 therefor against the prisoner sought to be so deprived of 6 good conduct credits before the Prisoner Review Board as 7 provided in subparagraph (a)(4) of Section 3-3-2 of this 8 Code, if the amount of credit at issue exceeds 30 days or 9 when during any 12 month period, the cumulative amount of 10 credit revoked exceeds 30 days except where the infraction is 11 committed or discovered within 60 days of scheduled release. 12 In those cases, the Department of Corrections may revoke up 13 to 30 days of good conduct credit. The Board may subsequently 14 approve the revocation of additional good conduct credit, if 15 the Department seeks to revoke good conduct credit in excess 16 of 30 days. However, the Board shall not be empowered to 17 review the Department's decision with respect to the loss of 18 30 days of good conduct credit within any calendar year for 19 any prisoner or to increase any penalty beyond the length 20 requested by the Department. 21 The Director of the Department of Corrections, in 22 appropriate cases, may restore up to 30 days good conduct 23 credits which have been revoked, suspended or reduced. Any 24 restoration of good conduct credits in excess of 30 days 25 shall be subject to review by the Prisoner Review Board. 26 However, the Board may not restore good conduct credit in 27 excess of the amount requested by the Director. 28 Nothing contained in this Section shall prohibit the 29 Prisoner Review Board from ordering, pursuant to Section 30 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of 31 the sentence imposed by the court that was not served due to 32 the accumulation of good conduct credit. 33 (d) If a lawsuit is filed by a prisoner in an Illinois 34 or federal court against the State, the Department of HB5652 Enrolled -9- LRB9214594LBpr 1 Corrections, or the Prisoner Review Board, or against any of 2 their officers or employees, and the court makes a specific 3 finding that a pleading, motion, or other paper filed by the 4 prisoner is frivolous, the Department of Corrections shall 5 conduct a hearing to revoke up to 180 days of good conduct 6 credit by bringing charges against the prisoner sought to be 7 deprived of the good conduct credits before the Prisoner 8 Review Board as provided in subparagraph (a)(8) of Section 9 3-3-2 of this Code. If the prisoner has not accumulated 180 10 days of good conduct credit at the time of the finding, then 11 the Prisoner Review Board may revoke all good conduct credit 12 accumulated by the prisoner. 13 For purposes of this subsection (d): 14 (1) "Frivolous" means that a pleading, motion, or 15 other filing which purports to be a legal document filed 16 by a prisoner in his or her lawsuit meets any or all of 17 the following criteria: 18 (A) it lacks an arguable basis either in law 19 or in fact; 20 (B) it is being presented for any improper 21 purpose, such as to harass or to cause unnecessary 22 delay or needless increase in the cost of 23 litigation; 24 (C) the claims, defenses, and other legal 25 contentions therein are not warranted by existing 26 law or by a nonfrivolous argument for the extension, 27 modification, or reversal of existing law or the 28 establishment of new law; 29 (D) the allegations and other factual 30 contentions do not have evidentiary support or, if 31 specifically so identified, are not likely to have 32 evidentiary support after a reasonable opportunity 33 for further investigation or discovery; or 34 (E) the denials of factual contentions are not HB5652 Enrolled -10- LRB9214594LBpr 1 warranted on the evidence, or if specifically so 2 identified, are not reasonably based on a lack of 3 information or belief. 4 (2) "Lawsuit" means a petition for post-conviction 5 relief under Article 122 of the Code of Criminal 6 Procedure of 1963, a motion pursuant to Section 116-3 of 7 the Code of Criminal Procedure of 1963, a habeas corpus 8 action under Article X of the Code of Civil Procedure or 9 under federal law (28 U.S.C. 2254), a petition for claim 10 under the Court of Claims Act or an action under the 11 federal Civil Rights Act (42 U.S.C. 1983). 12 (e) Nothing in this amendatory Act of 1998 affects the 13 validity of Public Act 89-404. 14 (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 15 92-176, eff. 7-27-01.) 16 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 17 Sec. 5-4-1. Sentencing Hearing. 18 (a) Except when the death penalty is sought under 19 hearing procedures otherwise specified, after a determination 20 of guilt, a hearing shall be held to impose the sentence. 21 However, prior to the imposition of sentence on an individual 22 being sentenced for an offense based upon a charge for a 23 violation of Section 11-501 of the Illinois Vehicle Code or a 24 similar provision of a local ordinance, the individual must 25 undergo a professional evaluation to determine if an alcohol 26 or other drug abuse problem exists and the extent of such a 27 problem. Programs conducting these evaluations shall be 28 licensed by the Department of Human Services. However, if 29 the individual is not a resident of Illinois, the court may, 30 in its discretion, accept an evaluation from a program in the 31 state of such individual's residence. The court may in its 32 sentencing order approve an eligible defendant for placement 33 in a Department of Corrections impact incarceration program HB5652 Enrolled -11- LRB9214594LBpr 1 as provided in Section 5-8-1.1. At the hearing the court 2 shall: 3 (1) consider the evidence, if any, received upon 4 the trial; 5 (2) consider any presentence reports; 6 (3) consider the financial impact of incarceration 7 based on the financial impact statement filed with the 8 clerk of the court by the Department of Corrections; 9 (4) consider evidence and information offered by 10 the parties in aggravation and mitigation; 11 (5) hear arguments as to sentencing alternatives; 12 (6) afford the defendant the opportunity to make a 13 statement in his own behalf; 14 (7) afford the victim of a violent crime or a 15 violation of Section 11-501 of the Illinois Vehicle Code, 16 or a similar provision of a local ordinance, or a 17 qualified individual affected by a violation of Section 18 405, 405.1, 405.2, or 407 of the Illinois Controlled 19 Substances Act, committed by the defendant the 20 opportunity to make a statement concerning the impact on 21 the victim and to offer evidence in aggravation or 22 mitigation; provided that the statement and evidence 23 offered in aggravation or mitigation must first be 24 prepared in writing in conjunction with the State's 25 Attorney before it may be presented orally at the 26 hearing. Any sworn testimony offered by the victim is 27 subject to the defendant's right to cross-examine. All 28 statements and evidence offered under this paragraph (7) 29 shall become part of the record of the court. For the 30 purpose of this paragraph (7), "qualified individual" 31 means any person who (i) lived or worked within the 32 territorial jurisdiction where the offense took place 33 when the offense took place; and (ii) is familiar with 34 various public places within the territorial jurisdiction HB5652 Enrolled -12- LRB9214594LBpr 1 where the offense took place when the offense took place. 2 For the purposes of this paragraph (7), "qualified 3 individual" includes any peace officer, or any member of 4 any duly organized State, county, or municipal peace unit 5 assigned to the territorial jurisdiction where the 6 offense took place when the offense took place; and 7 (8) in cases of reckless homicide afford the 8 victim's spouse, guardians, parents or other immediate 9 family members an opportunity to make oral statements. 10 (b) All sentences shall be imposed by the judge based 11 upon his independent assessment of the elements specified 12 above and any agreement as to sentence reached by the 13 parties. The judge who presided at the trial or the judge 14 who accepted the plea of guilty shall impose the sentence 15 unless he is no longer sitting as a judge in that court. 16 Where the judge does not impose sentence at the same time on 17 all defendants who are convicted as a result of being 18 involved in the same offense, the defendant or the State's 19 Attorney may advise the sentencing court of the disposition 20 of any other defendants who have been sentenced. 21 (c) In imposing a sentence for a violent crime or for an 22 offense of operating or being in physical control of a 23 vehicle while under the influence of alcohol, any other drug 24 or any combination thereof, or a similar provision of a local 25 ordinance, when such offense resulted in the personal injury 26 to someone other than the defendant, the trial judge shall 27 specify on the record the particular evidence, information, 28 factors in mitigation and aggravation or other reasons that 29 led to his sentencing determination. The full verbatim record 30 of the sentencing hearing shall be filed with the clerk of 31 the court and shall be a public record. 32 (c-1) In imposing a sentence for the offense of 33 aggravated kidnapping for ransom, home invasion, armed 34 robbery, aggravated vehicular hijacking, aggravated discharge HB5652 Enrolled -13- LRB9214594LBpr 1 of a firearm, or armed violence with a category I weapon or 2 category II weapon, the trial judge shall make a finding as 3 to whether the conduct leading to conviction for the offense 4 resulted in great bodily harm to a victim, and shall enter 5 that finding and the basis for that finding in the record. 6 (c-2) If the defendant is sentenced to prison, other 7 than when a sentence of natural life imprisonment or a 8 sentence of death is imposed, at the time the sentence is 9 imposed the judge shall state on the record in open court the 10 approximate period of time the defendant will serve in 11 custody according to the then current statutory rules and 12 regulations for early release found in Section 3-6-3 and 13 other related provisions of this Code. This statement is 14 intended solely to inform the public, has no legal effect on 15 the defendant's actual release, and may not be relied on by 16 the defendant on appeal. 17 The judge's statement, to be given after pronouncing the 18 sentence, other than when the sentence is imposed for one of 19 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 20 shall include the following: 21 "The purpose of this statement is to inform the public of 22 the actual period of time this defendant is likely to spend 23 in prison as a result of this sentence. The actual period of 24 prison time served is determined by the statutes of Illinois 25 as applied to this sentence by the Illinois Department of 26 Corrections and the Illinois Prisoner Review Board. In this 27 case, assuming the defendant receives all of his or her good 28 conduct credit, the period of estimated actual custody is ... 29 years and ... months, less up to 180 days additional good 30 conduct credit for meritorious service. If the defendant, 31 because of his or her own misconduct or failure to comply 32 with the institutional regulations, does not receive those 33 credits, the actual time served in prison will be longer. 34 The defendant may also receive an additional one-half day HB5652 Enrolled -14- LRB9214594LBpr 1 good conduct credit for each day of participation in 2 vocational, industry, substance abuse, and educational 3 programs as provided for by Illinois statute." 4 When the sentence is imposed for one of the offenses 5 enumerated in paragraph (a)(3) of Section 3-6-3, other than 6 when the sentence is imposed for one of the offenses 7 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 8 or after June 19, 1998, and other than when the sentence is 9 imposed for reckless homicide as defined in subsection (e) of 10 Section 9-3 of the Criminal Code of 1961 if the offense was 11 committed on or after January 1, 1999, and other than when 12 the sentence is imposed for aggravated arson if the offense 13 was committed on or after the effective date of this 14 amendatory Act of the 92nd General Assembly, and other than 15 when the sentence is imposed for one of the offenses 16 enumerated in paragraph (a)(2.6) of Section 3-6-3 committed 17 on or after the effective date of this amendatory Act of the 18 92nd General Assembly, the judge's statement, to be given 19 after pronouncing the sentence, shall include the following: 20 "The purpose of this statement is to inform the public of 21 the actual period of time this defendant is likely to spend 22 in prison as a result of this sentence. The actual period of 23 prison time served is determined by the statutes of Illinois 24 as applied to this sentence by the Illinois Department of 25 Corrections and the Illinois Prisoner Review Board. In this 26 case, assuming the defendant receives all of his or her good 27 conduct credit, the period of estimated actual custody is ... 28 years and ... months, less up to 90 days additional good 29 conduct credit for meritorious service. If the defendant, 30 because of his or her own misconduct or failure to comply 31 with the institutional regulations, does not receive those 32 credits, the actual time served in prison will be longer. 33 The defendant may also receive an additional one-half day 34 good conduct credit for each day of participation in HB5652 Enrolled -15- LRB9214594LBpr 1 vocational, industry, substance abuse, and educational 2 programs as provided for by Illinois statute." 3 When the sentence is imposed for one of the offenses 4 enumerated in paragraph (a)(2) of Section 3-6-3, other than 5 first degree murder, and the offense was committed on or 6 after June 19, 1998, and when the sentence is imposed for 7 reckless homicide as defined in subsection (e) of Section 9-3 8 of the Criminal Code of 1961 if the offense was committed on 9 or after January 1, 1999, and when the sentence is imposed 10 for aggravated arson if the offense was committed on or after 11 the effective date of this amendatory Act of the 92nd General 12 Assembly, and when the sentence is imposed for one of the 13 offenses enumerated in paragraph (a)(2.6) of Section 3-6-3 of 14 this Code committed on or after the effective date of this 15 amendatory Act of the 92nd General Assembly, the judge's 16 statement, to be given after pronouncing the sentence, shall 17 include the following: 18 "The purpose of this statement is to inform the public of 19 the actual period of time this defendant is likely to spend 20 in prison as a result of this sentence. The actual period of 21 prison time served is determined by the statutes of Illinois 22 as applied to this sentence by the Illinois Department of 23 Corrections and the Illinois Prisoner Review Board. In this 24 case, the defendant is entitled to no more than 4 1/2 days of 25 good conduct credit for each month of his or her sentence of 26 imprisonment. Therefore, this defendant will serve at least 27 85% of his or her sentence. Assuming the defendant receives 28 4 1/2 days credit for each month of his or her sentence, the 29 period of estimated actual custody is ... years and ... 30 months. If the defendant, because of his or her own 31 misconduct or failure to comply with the institutional 32 regulations receives lesser credit, the actual time served in 33 prison will be longer." 34 When a sentence of imprisonment is imposed for first HB5652 Enrolled -16- LRB9214594LBpr 1 degree murder and the offense was committed on or after June 2 19, 1998, the judge's statement, to be given after 3 pronouncing the sentence, shall include the following: 4 "The purpose of this statement is to inform the public of 5 the actual period of time this defendant is likely to spend 6 in prison as a result of this sentence. The actual period of 7 prison time served is determined by the statutes of Illinois 8 as applied to this sentence by the Illinois Department of 9 Corrections and the Illinois Prisoner Review Board. In this 10 case, the defendant is not entitled to good conduct credit. 11 Therefore, this defendant will serve 100% of his or her 12 sentence." 13 (d) When the defendant is committed to the Department of 14 Corrections, the State's Attorney shall and counsel for the 15 defendant may file a statement with the clerk of the court to 16 be transmitted to the department, agency or institution to 17 which the defendant is committed to furnish such department, 18 agency or institution with the facts and circumstances of the 19 offense for which the person was committed together with all 20 other factual information accessible to them in regard to the 21 person prior to his commitment relative to his habits, 22 associates, disposition and reputation and any other facts 23 and circumstances which may aid such department, agency or 24 institution during its custody of such person. The clerk 25 shall within 10 days after receiving any such statements 26 transmit a copy to such department, agency or institution and 27 a copy to the other party, provided, however, that this shall 28 not be cause for delay in conveying the person to the 29 department, agency or institution to which he has been 30 committed. 31 (e) The clerk of the court shall transmit to the 32 department, agency or institution, if any, to which the 33 defendant is committed, the following: 34 (1) the sentence imposed; HB5652 Enrolled -17- LRB9214594LBpr 1 (2) any statement by the court of the basis for 2 imposing the sentence; 3 (3) any presentence reports; 4 (4) the number of days, if any, which the defendant 5 has been in custody and for which he is entitled to 6 credit against the sentence, which information shall be 7 provided to the clerk by the sheriff; 8 (4.1) any finding of great bodily harm made by the 9 court with respect to an offense enumerated in subsection 10 (c-1); 11 (5) all statements filed under subsection (d) of 12 this Section; 13 (6) any medical or mental health records or 14 summaries of the defendant; 15 (7) the municipality where the arrest of the 16 offender or the commission of the offense has occurred, 17 where such municipality has a population of more than 18 25,000 persons; 19 (8) all statements made and evidence offered under 20 paragraph (7) of subsection (a) of this Section; and 21 (9) all additional matters which the court directs 22 the clerk to transmit. 23 (Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01; 24 92-176, eff. 7-27-01.) 25 Section 99. Effective date. This Section and Section 2 26 take effect upon becoming law.