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Public Act 100-0003 | ||||
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AN ACT concerning safe neighborhoods.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. This Act may be referred to as the Safe
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Neighborhoods Reform Act. | ||||
Section 3. The Department of State Police Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
2605-605 as follows: | ||||
(20 ILCS 2605/2605-605 new) | ||||
Sec. 2605-605. Violent Crime Intelligence Task Force. | ||||
The Director of State Police may establish a statewide | ||||
multi-jurisdictional Violent Crime Intelligence Task Force led | ||||
by the Department of State Police dedicated to combating gun | ||||
violence, gun-trafficking, and other violent crime with the | ||||
primary mission of preservation of life and reducing the | ||||
occurrence and the fear of crime. The objectives of the Task | ||||
Force shall include, but not be limited to, reducing and | ||||
preventing illegal possession and use of firearms, | ||||
firearm-related homicides, and other violent crimes. | ||||
(1) The Task Force may develop and acquire information, | ||||
training, tools, and resources necessary to implement a | ||||
data-driven approach to policing, with an emphasis on |
intelligence development. | ||
(2) The Task Force may utilize information sharing, | ||
partnerships, crime analysis, and evidence-based practices to | ||
assist in the reduction of firearm-related shootings, | ||
homicides, and gun-trafficking. | ||
(3) The Task Force may recognize and utilize best practices | ||
of community policing and may develop potential partnerships | ||
with faith-based and community organizations to achieve its | ||
goals. | ||
(4) The Task Force may identify and utilize best practices | ||
in drug-diversion programs and other community-based services | ||
to redirect low-level offenders. | ||
(5) The Task Force may assist in violence suppression | ||
strategies including, but not limited to, details in identified | ||
locations that have shown to be the most prone to gun violence | ||
and violent crime, focused deterrence against violent gangs and | ||
groups considered responsible for the violence in communities, | ||
and other intelligence driven methods deemed necessary to | ||
interrupt cycles of violence or prevent retaliation. | ||
(6) In consultation with the Chief Procurement Officer, the | ||
Department of State Police may obtain contracts for software, | ||
commodities, resources, and equipment to assist the Task Force | ||
with achieving this Act. Any contracts necessary to support the | ||
delivery of necessary software, commodities, resources, and | ||
equipment are not subject to the Illinois Procurement Code, | ||
except for Sections 20-60, 20-65, 20-70, and 20-160 and Article |
50 of that Code, provided that the Chief Procurement Officer | ||
may, in writing with justification, waive any certification | ||
required under Article 50 of the Illinois Procurement Code. | ||
Section 5. The Criminal Identification Act is amended by | ||
changing Section 2.1 as follows:
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(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
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Sec. 2.1. For the purpose of maintaining complete and | ||
accurate
criminal records of the Department of State Police, it | ||
is necessary for all
policing bodies of this State, the clerk | ||
of the circuit court, the Illinois
Department of Corrections, | ||
the sheriff of each county, and State's Attorney
of each county | ||
to submit certain criminal arrest, charge, and disposition
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information to the Department for filing at the earliest time | ||
possible.
Unless otherwise noted herein, it shall be the duty | ||
of all policing bodies
of this State, the clerk of the circuit | ||
court, the Illinois Department of
Corrections, the sheriff of | ||
each county, and the State's Attorney of each
county to report | ||
such information as provided in this Section, both in the
form | ||
and manner required by the Department and within 30 days of the
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criminal history event. Specifically:
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(a) Arrest Information. All agencies making arrests for | ||
offenses which
are required by statute to be collected, | ||
maintained or disseminated by the
Department of State Police | ||
shall be responsible
for furnishing daily to the Department |
fingerprints, charges and
descriptions of all persons who are | ||
arrested for such offenses. All such
agencies shall also notify | ||
the Department of all decisions by the arresting
agency not to | ||
refer
such arrests for prosecution. With approval of the | ||
Department, an agency
making such arrests may enter into
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arrangements with other agencies for the purpose of furnishing | ||
daily such
fingerprints, charges and descriptions to the | ||
Department upon its behalf.
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(b) Charge Information. The State's Attorney of each county | ||
shall notify
the Department of all charges filed and all | ||
petitions filed alleging that a
minor is delinquent, including | ||
all those added subsequent
to the filing of a case, and whether | ||
charges were not filed
in cases for which the Department has | ||
received information
required to be reported pursuant to | ||
paragraph (a) of this Section.
With approval of the Department, | ||
the State's Attorney may enter into
arrangements with other | ||
agencies for the
purpose of furnishing the information required | ||
by this subsection (b) to the
Department upon the State's | ||
Attorney's behalf.
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(c) Disposition Information. The clerk of the circuit court | ||
of each county
shall furnish the Department, in the form and | ||
manner required by the Supreme
Court, with all final | ||
dispositions of cases for which the Department
has received | ||
information required to be reported pursuant to paragraph (a)
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or (d) of this Section. Such information shall include, for | ||
each charge,
all (1) judgments of not guilty, judgments of |
guilty including the sentence
pronounced by the court with | ||
statutory citations to the relevant sentencing provision ,
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findings that a minor is delinquent
and any sentence made based | ||
on those findings,
discharges and dismissals in the court; (2)
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reviewing court orders filed with the clerk of the circuit | ||
court which
reverse or remand a reported conviction
or findings | ||
that a minor is delinquent
or that vacate or modify a sentence
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or sentence made following a trial that a minor is
delinquent;
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(3)
continuances to a date certain in furtherance of an order | ||
of supervision
granted under Section 5-6-1 of the Unified Code | ||
of Corrections or an order
of probation granted under Section | ||
10 of the Cannabis Control Act, Section
410 of the Illinois | ||
Controlled Substances Act, Section 70 of the Methamphetamine | ||
Control and Community Protection Act, Section 12-4.3 or | ||
subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of | ||
1961 or the Criminal Code of 2012, Section 10-102 of the | ||
Illinois Alcoholism and
Other Drug Dependency Act, Section | ||
40-10 of the Alcoholism and Other Drug
Abuse and Dependency | ||
Act, Section 10 of the Steroid Control Act, or
Section 5-615 of | ||
the Juvenile Court Act of 1987; and
(4) judgments or court | ||
orders terminating or revoking a sentence
to or juvenile | ||
disposition of probation, supervision or conditional
discharge | ||
and any resentencing
or new court orders entered by a juvenile | ||
court relating to the disposition
of a minor's case involving | ||
delinquency
after such revocation.
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(d) Fingerprints After Sentencing.
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(1) After the court pronounces sentence,
sentences a | ||
minor following a trial in which a minor was found to be
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delinquent
or issues an order of supervision or an order of | ||
probation granted under
Section 10 of the Cannabis Control | ||
Act, Section 410 of the Illinois
Controlled Substances Act, | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act, Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05 of the Criminal Code of
1961 or the | ||
Criminal Code of 2012, Section 10-102 of the Illinois | ||
Alcoholism and Other Drug Dependency
Act, Section 40-10 of | ||
the Alcoholism and Other Drug Abuse and Dependency
Act, | ||
Section 10 of the Steroid Control Act, or Section
5-615 of
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the Juvenile Court Act of 1987 for any offense which
is | ||
required by statute to be collected,
maintained, or | ||
disseminated by the Department of State Police, the State's
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Attorney of each county shall ask the court to order a law | ||
enforcement
agency to fingerprint immediately all persons | ||
appearing before the court
who have not previously been | ||
fingerprinted for the same case. The court
shall so order | ||
the requested fingerprinting, if it determines that any | ||
such
person has not previously been fingerprinted for the | ||
same case. The law
enforcement agency shall submit such | ||
fingerprints to the Department daily.
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(2) After the court pronounces sentence or makes a | ||
disposition of a case
following a finding of delinquency | ||
for any offense which is not
required by statute to be |
collected, maintained, or disseminated by the
Department | ||
of State Police, the prosecuting attorney may ask the court | ||
to
order a law enforcement agency to fingerprint | ||
immediately all persons
appearing before the court who have | ||
not previously been fingerprinted for
the same case. The | ||
court may so order the requested fingerprinting, if it
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determines that any so sentenced person has not previously | ||
been
fingerprinted for the same case. The law enforcement | ||
agency may retain
such fingerprints in its files.
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(e) Corrections Information. The Illinois Department of | ||
Corrections and
the sheriff of each county shall furnish the | ||
Department with all information
concerning the receipt, | ||
escape, execution, death, release, pardon, parole,
commutation | ||
of sentence, granting of executive clemency or discharge of
an | ||
individual who has been sentenced or committed to the agency's | ||
custody
for any offenses
which are mandated by statute to be | ||
collected, maintained or disseminated
by the Department of | ||
State Police. For an individual who has been charged
with any | ||
such offense and who escapes from custody or dies while in
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custody, all information concerning the receipt and escape or | ||
death,
whichever is appropriate, shall also be so furnished to | ||
the Department.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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Section 15. The Criminal Code of 2012 is amended by | ||
changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
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(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
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Sec. 19-1. Burglary.
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(a) A person commits burglary when without authority he or | ||
she knowingly enters
or without authority remains within a | ||
building, housetrailer, watercraft,
aircraft, motor vehicle, | ||
railroad
car, or any part thereof, with intent to commit | ||
therein a felony or theft.
This offense shall not include the | ||
offenses set out in Section 4-102 of the
Illinois Vehicle Code.
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(b) Sentence.
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Burglary committed in, and without causing damage to, a | ||
watercraft, aircraft, motor vehicle, railroad car, or any part | ||
thereof is a Class 3 felony. Burglary committed in a building, | ||
housetrailer, or any part thereof or while causing damage to a | ||
watercraft, aircraft, motor vehicle, railroad car, or any part | ||
thereof is a Class 2 felony. A burglary committed in a school, | ||
day care center, day care home, group day care home, or part | ||
day child care facility, or place of
worship is a
Class 1 | ||
felony, except that this provision does not apply to a day care | ||
center, day care home, group day care home, or part day child | ||
care facility operated in a private residence used as a | ||
dwelling.
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(c) Regarding penalties prescribed in subsection
(b) for | ||
violations committed in a day care center, day care home, group | ||
day care home, or part day child care facility, the time of | ||
day, time of year, and whether children under 18 years of age |
were present in the day care center, day care home, group day | ||
care home, or part day child care facility are irrelevant. | ||
(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
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(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||
Felons or
Persons in the Custody of the
Department of | ||
Corrections Facilities. | ||
(a) It is unlawful
for a person to knowingly possess on or | ||
about his person or on his land or
in his own abode or fixed | ||
place of business any weapon prohibited under
Section 24-1 of | ||
this Act or any firearm or any firearm ammunition if the
person | ||
has been convicted of a felony under the laws of this State or | ||
any
other jurisdiction. This Section shall not apply if the | ||
person has been
granted relief by the Director of the | ||
Department of State Police
under Section 10 of the Firearm | ||
Owners Identification
Card Act.
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(b) It is unlawful for any person confined in a penal | ||
institution,
which is a facility of the Illinois Department of | ||
Corrections, to possess
any weapon prohibited under Section | ||
24-1 of this Code or any firearm or
firearm ammunition, | ||
regardless of the intent with which he possesses it.
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(c) It shall be an affirmative defense to a violation of | ||
subsection (b), that such possession was specifically | ||
authorized by rule,
regulation, or directive of the Illinois | ||
Department of Corrections or order
issued pursuant thereto.
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(d) The defense of necessity is not available to a person | ||
who is charged
with a violation of subsection (b) of this | ||
Section.
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(e) Sentence. Violation of this Section by a person not | ||
confined
in a penal institution shall be a Class 3 felony
for | ||
which the person shall be sentenced to no less than 2 years and | ||
no
more than 10 years . A and any second or subsequent violation | ||
of this Section shall be a Class 2 felony for which the person | ||
shall be sentenced to a term of imprisonment of not less than 3 | ||
years and not more than 14 years , except as provided for in | ||
Section 5-4.5-110 of the Unified Code of Corrections . Violation | ||
of this Section by a person not confined in a
penal institution | ||
who has been convicted of a forcible felony, a felony
violation | ||
of Article 24 of this Code or of the Firearm Owners | ||
Identification
Card Act, stalking or aggravated stalking, or a | ||
Class 2 or greater felony
under the Illinois Controlled | ||
Substances Act, the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act is a
Class | ||
2 felony for which the person
shall be sentenced to not less | ||
than 3 years and not more than 14 years , except as provided for | ||
in Section 5-4.5-110 of the Unified Code of Corrections .
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Violation of this Section by a person who is on parole or | ||
mandatory supervised
release is a Class 2 felony for which the | ||
person shall be sentenced to not less than 3 years and not more | ||
than 14
years , except as provided for in Section 5-4.5-110 of | ||
the Unified Code of Corrections . Violation of this Section by a |
person not confined in a penal
institution is a Class X felony | ||
when the firearm possessed is a machine gun.
Any person who | ||
violates this Section while confined in a penal
institution, | ||
which is a facility of the Illinois Department of
Corrections, | ||
is guilty of a Class 1
felony, if he possesses any weapon | ||
prohibited under Section 24-1 of this
Code regardless of the | ||
intent with which he possesses it, a Class X
felony if he | ||
possesses any firearm, firearm ammunition or explosive, and a
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Class X felony for which the offender shall be sentenced to not | ||
less than 12
years and not more than 50 years when the firearm | ||
possessed is a machine
gun. A violation of this Section while | ||
wearing or in possession of body armor as defined in Section | ||
33F-1 is a Class X felony punishable by a term of imprisonment | ||
of not less than 10 years and not more than 40 years.
The | ||
possession of each firearm or firearm ammunition in violation | ||
of this Section constitutes a single and separate violation.
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(Source: P.A. 97-237, eff. 1-1-12.)
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(720 ILCS 5/24-1.6) | ||
Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||
(a) A person commits the offense of aggravated unlawful use | ||
of a weapon when
he or she knowingly: | ||
(1) Carries on or about his or her person or in any | ||
vehicle or concealed
on or about his or her person except | ||
when on his or her land or in his or her
abode, legal | ||
dwelling, or fixed place of business, or on the land or in |
the legal dwelling of another person as an invitee with | ||
that person's permission, any pistol, revolver, stun gun or | ||
taser or
other firearm; or | ||
(2) Carries or possesses on or about his or her person, | ||
upon any public
street, alley, or other public lands within | ||
the corporate limits of a city,
village or incorporated | ||
town, except when an invitee thereon or therein, for
the | ||
purpose of the display of such weapon or the lawful | ||
commerce in weapons, or
except when on his or her own land | ||
or in his or her own abode, legal dwelling, or fixed place | ||
of
business, or on the land or in the legal dwelling of | ||
another person as an invitee with that person's permission, | ||
any pistol, revolver, stun gun or taser or other firearm; | ||
and | ||
(3) One of the following factors is present: | ||
(A) the firearm, other than a pistol, revolver, or | ||
handgun, possessed was uncased, loaded, and | ||
immediately accessible
at the time of the offense; or | ||
(A-5) the pistol, revolver, or handgun possessed | ||
was uncased, loaded, and immediately accessible
at the | ||
time of the offense and the person possessing the | ||
pistol, revolver, or handgun has not been issued a | ||
currently valid license under the Firearm Concealed | ||
Carry Act; or | ||
(B) the firearm, other than a pistol, revolver, or | ||
handgun, possessed was uncased, unloaded, and the |
ammunition for
the weapon was immediately accessible | ||
at the time of the offense; or | ||
(B-5) the pistol, revolver, or handgun possessed | ||
was uncased, unloaded, and the ammunition for
the | ||
weapon was immediately accessible at the time of the | ||
offense and the person possessing the pistol, | ||
revolver, or handgun has not been issued a currently | ||
valid license under the Firearm Concealed Carry Act; or | ||
(C) the person possessing the firearm has not been | ||
issued a currently
valid Firearm Owner's | ||
Identification Card; or | ||
(D) the person possessing the weapon was | ||
previously adjudicated
a delinquent minor under the | ||
Juvenile Court Act of 1987 for an act that if
committed | ||
by an adult would be a felony; or | ||
(E) the person possessing the weapon was engaged in | ||
a misdemeanor
violation of the Cannabis
Control Act, in | ||
a misdemeanor violation of the Illinois Controlled | ||
Substances
Act, or in a misdemeanor violation of the | ||
Methamphetamine Control and Community Protection Act; | ||
or | ||
(F) (blank); or | ||
(G) the person possessing the weapon had an a order | ||
of protection issued
against him or her within the | ||
previous 2 years; or | ||
(H) the person possessing the weapon was engaged in |
the commission or
attempted commission of
a | ||
misdemeanor involving the use or threat of violence | ||
against
the person or property of another; or | ||
(I) the person possessing the weapon was under 21 | ||
years of age and in
possession of a handgun, unless the | ||
person under 21
is engaged in lawful activities under | ||
the Wildlife Code or described in
subsection | ||
24-2(b)(1), (b)(3), or 24-2(f). | ||
(a-5) "Handgun" as used in this Section has the meaning | ||
given to it in Section 5 of the Firearm Concealed Carry Act. | ||
(b) "Stun gun or taser" as used in this Section has the | ||
same definition
given to it in Section 24-1 of this Code. | ||
(c) This Section does not apply to or affect the | ||
transportation or
possession
of weapons that: | ||
(i) are broken down in a non-functioning state; or | ||
(ii) are not immediately accessible; or | ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a person | ||
who has been issued a currently
valid Firearm Owner's
| ||
Identification Card. | ||
(d) Sentence. | ||
(1) Aggravated unlawful use of a weapon is a Class 4 | ||
felony;
a second or subsequent offense is a Class 2 felony | ||
for which the person shall be sentenced to a term of | ||
imprisonment of not less than 3 years and not more than 7 | ||
years , except as provided for in Section 5-4.5-110 of the |
Unified Code of Corrections . | ||
(2) Except as otherwise provided in paragraphs (3) and | ||
(4) of this subsection (d), a first offense of aggravated | ||
unlawful use of a weapon committed with a firearm by a | ||
person 18 years of age or older where the factors listed in | ||
both items (A) and (C) or both items (A-5) and (C) of | ||
paragraph (3) of subsection (a) are present is a Class 4 | ||
felony, for which the person shall be sentenced to a term | ||
of imprisonment of not less than one year and not more than | ||
3 years. | ||
(3) Aggravated unlawful use of
a weapon by a person who | ||
has been previously
convicted of a felony in this State or | ||
another jurisdiction is a Class 2
felony for which the | ||
person shall be sentenced to a term of imprisonment of not | ||
less than 3 years and not more than 7 years , except as | ||
provided for in Section 5-4.5-110 of the Unified Code of | ||
Corrections . | ||
(4) Aggravated unlawful use of a weapon while wearing | ||
or in possession of body armor as defined in Section 33F-1 | ||
by a person who has not been issued a valid Firearms | ||
Owner's Identification Card in accordance with Section 5 of | ||
the Firearm Owners Identification Card Act is a Class X | ||
felony.
| ||
(e) The possession of each firearm in violation of this | ||
Section constitutes a single and separate violation. | ||
(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.) |
Section 20. The Cannabis Control Act is amended by changing | ||
Sections 5.2 and 10 as follows:
| ||
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||
Sec. 5.2. Delivery of cannabis on school grounds.
| ||
(a) Any person who violates subsection (e) of Section 5 in | ||
any school,
on the real property comprising any school, or any | ||
conveyance owned, leased
or contracted by a school to transport | ||
students to or from school or a
school related activity, or on | ||
any public way within
500 1,000 feet of the real property | ||
comprising any school, or in any conveyance
owned, leased or | ||
contracted by a school to transport students to or from
school | ||
or a school related activity, and at the time of the violation | ||
persons under the age of 18 are present, the offense is | ||
committed during school hours, or the offense is committed at | ||
times when persons under the age of 18 are reasonably expected | ||
to be present in the school, in the conveyance, on the real | ||
property, or on the public way, such as when after-school | ||
activities are occurring, is guilty of a Class
1 felony, the | ||
fine for which shall not exceed $200,000;
| ||
(b) Any person who violates subsection (d) of Section 5 in | ||
any school,
on the real property comprising any school, or any | ||
conveyance owned, leased
or contracted by a school to transport | ||
students to or from school or a
school related activity, or on | ||
any public way within 500 1,000 feet of the real
property |
comprising any school, or in any conveyance owned, leased or
| ||
contracted by a school to transport students to or from school | ||
or a school
related activity, and at the time of the violation | ||
persons under the age of 18 are present, the offense is | ||
committed during school hours, or the offense is committed at | ||
times when persons under the age of 18 are reasonably expected | ||
to be present in the school, in the conveyance, on the real | ||
property, or on the public way, such as when after-school | ||
activities are occurring, is guilty of a Class 2 felony, the | ||
fine for which shall
not exceed $100,000;
| ||
(c) Any person who violates subsection (c) of Section 5 in | ||
any school,
on the real property comprising any school, or any | ||
conveyance owned, leased
or contracted by a school to transport | ||
students to or from school or a
school related activity, or on | ||
any public way within 500 1,000 feet of the real
property | ||
comprising any school, or in any conveyance owned, leased or
| ||
contracted by a school to transport students to or from school | ||
or a school
related activity, and at the time of the violation | ||
persons under the age of 18 are present, the offense is | ||
committed during school hours, or the offense is committed at | ||
times when persons under the age of 18 are reasonably expected | ||
to be present in the school, in the conveyance, on the real | ||
property, or on the public way, such as when after-school | ||
activities are occurring, is guilty of a Class 3 felony, the | ||
fine for which shall
not exceed $50,000;
| ||
(d) Any person who violates subsection (b) of Section 5 in |
any school,
on the real property comprising any school, or any | ||
conveyance owned, leased
or contracted by a school to transport | ||
students to or from school or a
school related activity, or on | ||
any public way within 500 1,000 feet of the real
property | ||
comprising any school, or in any conveyance owned, leased or
| ||
contracted by a school to transport students to or from school | ||
or a school
related activity, and at the time of the violation | ||
persons under the age of 18 are present, the offense is | ||
committed during school hours, or the offense is committed at | ||
times when persons under the age of 18 are reasonably expected | ||
to be present in the school, in the conveyance, on the real | ||
property, or on the public way, such as when after-school | ||
activities are occurring, is guilty of a Class 4 felony, the | ||
fine for which shall
not exceed $25,000;
| ||
(e) Any person who violates subsection (a) of Section 5 in | ||
any school,
on the real property comprising any school, or in | ||
any conveyance owned, leased
or contracted by a school to | ||
transport students to or from school or a
school related | ||
activity, on any public way within 500 1,000 feet of the real
| ||
property comprising any school, or any conveyance owned, leased | ||
or
contracted by a school to transport students to or from | ||
school or a school
related activity, and at the time of the | ||
violation persons under the age of 18 are present, the offense | ||
is committed during school hours, or the offense is committed | ||
at times when persons under the age of 18 are reasonably | ||
expected to be present in the school, in the conveyance, on the |
real property, or on the public way, such as when after-school | ||
activities are occurring, is guilty of a Class A misdemeanor.
| ||
(Source: P.A. 87-544.)
| ||
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||
Sec. 10. (a)
Whenever any person who has not previously | ||
been convicted of , or placed
on probation or court supervision | ||
for, any felony offense under this Act or any
law of the United | ||
States or of any State relating to cannabis, or controlled
| ||
substances as defined in the Illinois Controlled Substances | ||
Act, pleads
guilty to or is found guilty of violating Sections | ||
4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court | ||
may, without entering a
judgment and with the consent of such | ||
person, sentence him to probation.
| ||
(b) When a person is placed on probation, the court shall | ||
enter an order
specifying a period of probation of 24 months, | ||
and shall defer further
proceedings in
the case until the | ||
conclusion of the period or until the filing of a petition
| ||
alleging violation of a term or condition of probation.
| ||
(c) The conditions of probation shall be that the person: | ||
(1) not violate
any criminal statute of any jurisdiction; (2) | ||
refrain from possession of a
firearm
or other dangerous weapon; | ||
(3) submit to periodic drug testing at a time and in
a manner | ||
as ordered by the court, but no less than 3 times during the | ||
period of
the probation, with the cost of the testing to be | ||
paid by the probationer; and
(4) perform no less than 30 hours |
of community service, provided community
service is available | ||
in the jurisdiction and is funded and approved by the
county | ||
board.
| ||
(d) The court may, in addition to other conditions, require
| ||
that the person:
| ||
(1) make a report to and appear in person before or | ||
participate with the
court or such courts, person, or | ||
social service agency as directed by the
court in the order | ||
of probation;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical or psychiatric treatment; or | ||
treatment for drug
addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(7-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
|
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home.
| ||
(e) Upon violation of a term or condition of probation, the
| ||
court
may enter a judgment on its original finding of guilt and | ||
proceed as otherwise
provided.
| ||
(f) Upon fulfillment of the terms and
conditions of | ||
probation, the court shall discharge such person and dismiss
| ||
the proceedings against him.
| ||
(g) A disposition of probation is considered to be a | ||
conviction
for the purposes of imposing the conditions of | ||
probation and for appeal,
however, discharge and dismissal | ||
under this Section is not a conviction for
purposes of | ||
disqualification or disabilities imposed by law upon | ||
conviction of
a crime (including the additional penalty imposed | ||
for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||
of this Act).
| ||
(h) A person may not have more than one discharge Discharge | ||
and dismissal under this Section within a 4-year period ,
| ||
Section 410 of the Illinois Controlled Substances Act, Section | ||
70 of the Methamphetamine Control and Community Protection Act, | ||
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||
or subsection (c) of Section 11-14 of the Criminal Code of 1961 |
or the Criminal Code of 2012 may occur only once
with respect | ||
to any person .
| ||
(i) If a person is convicted of an offense under this Act, | ||
the Illinois
Controlled Substances Act, or the Methamphetamine | ||
Control and Community Protection Act within 5 years
subsequent | ||
to a discharge and dismissal under this Section, the discharge | ||
and
dismissal under this Section shall be admissible in the | ||
sentencing proceeding
for that conviction
as a factor in | ||
aggravation.
| ||
(j) Notwithstanding subsection (a), before a person is | ||
sentenced to probation under this Section, the court may refer | ||
the person to the drug court established in that judicial | ||
circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||
The drug court team shall evaluate the person's likelihood of | ||
successfully completing a sentence of probation under this | ||
Section and shall report the results of its evaluation to the | ||
court. If the drug court team finds that the person suffers | ||
from a substance abuse problem that makes him or her | ||
substantially unlikely to successfully complete a sentence of | ||
probation under this Section, then the drug court shall set | ||
forth its findings in the form of a written order, and the | ||
person shall not be sentenced to probation under this Section, | ||
but shall may be considered for the drug court program. | ||
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||
Section 25. The Illinois Controlled Substances Act is |
amended by changing Sections 407 and 410 as follows:
| ||
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| ||
Sec. 407. (a) (1)(A) Any person 18 years of age or over who | ||
violates any
subsection of Section 401 or subsection (b) of | ||
Section 404 by delivering a
controlled, counterfeit or | ||
look-alike substance to a person under 18 years
of age may be | ||
sentenced to imprisonment for a term up to twice the maximum
| ||
term and fined an amount up to twice that amount otherwise | ||
authorized by
the pertinent subsection of Section 401 and | ||
Subsection (b) of Section 404.
| ||
(B) (Blank).
| ||
(2) Except as provided in paragraph (3) of this subsection, | ||
any person
who violates:
| ||
(A) subsection (c) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
500 1,000 feet of, a truck stop or safety rest area, is | ||
guilty of
a Class 1 felony, the fine for which shall not | ||
exceed $250,000;
| ||
(B) subsection (d) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
500 1,000 feet of, a truck stop or safety rest area, is | ||
guilty of
a Class 2 felony, the fine for which shall not | ||
exceed $200,000;
|
(C) subsection (e) of Section 401 or subsection (b) of | ||
Section 404
by delivering or possessing with intent to | ||
deliver a controlled,
counterfeit, or look-alike substance | ||
in or on, or within 500 1,000 feet of, a
truck stop or | ||
safety rest area, is guilty of a Class 3 felony, the fine | ||
for
which shall not exceed $150,000;
| ||
(D) subsection (f) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
500 1,000 feet of, a truck stop or safety rest area, is | ||
guilty of
a Class 3 felony, the fine for which shall not | ||
exceed $125,000;
| ||
(E) subsection (g) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
500 1,000 feet of, a truck stop or safety rest area, is | ||
guilty of
a Class 3 felony, the fine for which shall not | ||
exceed $100,000;
| ||
(F) subsection (h) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
500 1,000 feet of, a truck stop or safety rest area, is | ||
guilty of
a Class 3 felony, the fine for which shall not | ||
exceed $75,000;
| ||
(3) Any person who violates paragraph (2) of this | ||
subsection (a) by
delivering or possessing with intent to |
deliver a controlled, counterfeit,
or look-alike substance in | ||
or on, or within 500 1,000 feet of a truck stop or a
safety rest | ||
area, following a prior conviction or convictions of paragraph
| ||
(2) of this subsection (a) may be sentenced to a term of | ||
imprisonment up to
2 times the maximum term and fined an amount | ||
up to 2 times the amount
otherwise authorized by Section 401.
| ||
(4) For the purposes of this subsection (a):
| ||
(A) "Safety rest area" means a roadside facility | ||
removed from the
roadway with parking and facilities | ||
designed for motorists' rest, comfort,
and information | ||
needs; and
| ||
(B) "Truck stop" means any facility (and its parking | ||
areas) used to
provide fuel or service, or both, to any | ||
commercial motor vehicle as
defined in Section 18b-101 of | ||
the Illinois Vehicle Code.
| ||
(b) Any person who violates:
| ||
(1) subsection (c) of Section 401 in any school, on or | ||
within 500 feet of the real property comprising any school, | ||
or in any conveyance
owned, leased or contracted by a | ||
school to transport students to or from
school or a school | ||
related activity, and at the time of the violation persons | ||
under the age of 18 are present, the offense is committed | ||
during school hours, or the offense is committed at times | ||
when persons under the age of 18 are reasonably expected to | ||
be present in the school, in the conveyance, or on the real | ||
property, such as when after-school activities are |
occurring or residential property owned, operated or
| ||
managed by a public housing agency or leased by a public | ||
housing agency as part
of a scattered site or mixed-income | ||
development , or in any public park or , on or within 500 | ||
feet of the real
property comprising any school or | ||
residential property owned, operated or
managed by a public | ||
housing agency or leased by a public housing agency as part
| ||
of a scattered site or mixed-income development, or public | ||
park or
within 1,000 feet of the real property comprising | ||
any school or
residential property owned, operated or | ||
managed by a public housing
agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development, or public park , on the real property | ||
comprising any
church, synagogue, or
other building, | ||
structure, or place used primarily for religious worship, | ||
or
within 500 1,000 feet of the real property comprising | ||
any church, synagogue, or
other building, structure, or | ||
place used primarily for religious worship, on
the real | ||
property comprising any of the following places, | ||
buildings, or
structures used primarily for housing or | ||
providing space for activities for
senior citizens: | ||
nursing homes, assisted-living centers, senior citizen | ||
housing
complexes, or senior centers oriented toward | ||
daytime activities, or within 500
1,000 feet of the real | ||
property comprising any of the following places,
| ||
buildings, or structures used primarily for housing or |
providing space for
activities for senior citizens: | ||
nursing homes, assisted-living centers, senior
citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime activities and at the time of the violation persons | ||
are present or reasonably expected to be present in the | ||
church, synagogue, or other
building,
structure, or place | ||
used primarily for religious worship during worship | ||
services, or in buildings or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior | ||
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities during the hours those places, | ||
buildings, or structures are open for those activities, or
| ||
on the real property
is guilty of a Class X felony, the | ||
fine for which shall not
exceed $500,000;
| ||
(2) subsection (d) of Section 401 in any school, on or | ||
within 500 feet of the real property comprising any school, | ||
or in any conveyance
owned, leased or contracted by a | ||
school to transport students to or from
school or a school | ||
related activity, and at the time of the violation persons | ||
under the age of 18 are present, the offense is committed | ||
during school hours, or the offense is committed at times | ||
when persons under the age of 18 are reasonably expected to | ||
be present in the school, in the conveyance, or on the real | ||
property, such as when after-school activities are | ||
occurring or residential property owned,
operated or |
managed by a public housing agency or leased by a public | ||
housing
agency as part of a scattered site or mixed-income | ||
development , or in any public park or ,
on or within 500 | ||
feet of the real property comprising any school or | ||
residential property owned,
operated or managed by a public | ||
housing agency or leased by a public housing
agency as part | ||
of a scattered site or mixed-income development, or public | ||
park
or within 1,000 feet of the real property comprising | ||
any school or residential
property owned, operated or | ||
managed by a public housing agency or leased by a
public | ||
housing agency as part of a scattered site or mixed-income | ||
development,
or public park , on the real property | ||
comprising any church, synagogue, or other
building, | ||
structure, or place used primarily for religious worship, | ||
or
within 500 1,000 feet of the real property comprising | ||
any church,
synagogue, or other building, structure, or | ||
place used primarily for religious
worship, on the real | ||
property comprising any of the following places,
| ||
buildings, or
structures used primarily for housing or | ||
providing space for activities for
senior citizens: | ||
nursing homes, assisted-living centers, senior citizen | ||
housing
complexes, or senior centers oriented toward | ||
daytime activities, or within 500
1,000 feet of the real | ||
property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: |
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities and at the time of the violation persons | ||
are present or reasonably expected to be present in the | ||
church, synagogue, or other
building,
structure, or place | ||
used primarily for religious worship during worship | ||
services, or in buildings or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior | ||
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities during the hours those places, | ||
buildings, or structures are open for those activities, or
| ||
on the real property is guilty of a Class 1 felony, the | ||
fine for which shall not exceed
$250,000;
| ||
(3) subsection (e) of Section 401 or Subsection (b) of | ||
Section 404 in
any school, on or within 500 feet of the | ||
real property comprising any school, or in any conveyance | ||
owned, leased or contracted by a school to
transport | ||
students to or from school or a school related activity, | ||
and at the time of the violation persons under the age of | ||
18 are present, the offense is committed during school | ||
hours, or the offense is committed at times when persons | ||
under the age of 18 are reasonably expected to be present | ||
in the school, in the conveyance, or on the real property, | ||
such as when after-school activities are occurring or
| ||
residential property owned, operated or managed by a public |
housing agency or
leased by a public housing agency as part | ||
of a scattered site or mixed-income
development , or in any | ||
public park or , on or within 500 feet of the real property | ||
comprising any school or
residential property owned, | ||
operated or managed by a public housing agency or
leased by | ||
a public housing agency as part of a scattered site or | ||
mixed-income
development, or public park or within 1,000 | ||
feet of the real property
comprising
any school or | ||
residential property owned, operated or managed by a
public | ||
housing agency or leased by a public housing agency as part | ||
of a
scattered site or mixed-income development, or public | ||
park , on the real
property comprising any church, | ||
synagogue, or other building, structure, or
place used | ||
primarily for religious worship, or within 500 1,000 feet | ||
of the real
property comprising any church, synagogue, or | ||
other building, structure, or
place used primarily for | ||
religious worship, on the real property comprising any
of | ||
the following places, buildings, or structures used | ||
primarily for housing or
providing space for activities for
| ||
senior citizens: nursing homes, assisted-living centers, | ||
senior citizen housing
complexes, or senior centers | ||
oriented toward daytime activities, or within 500
1,000 | ||
feet of the real property comprising any of the following
| ||
places, buildings, or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior |
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities and at the time of the violation | ||
persons are present or reasonably expected to be present in | ||
the church, synagogue, or other
building,
structure, or | ||
place used primarily for religious worship during worship | ||
services, or in buildings or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior | ||
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities during the hours those places, | ||
buildings, or structures are open for those activities, or
| ||
on the real property is guilty of a Class 2 felony, the | ||
fine for
which shall not exceed $200,000;
| ||
(4) subsection (f) of Section 401 in any school, on or | ||
within 500 feet of the real property comprising any school, | ||
or in any conveyance
owned, leased or contracted by a | ||
school to transport students to or from
school or a school | ||
related activity, and at the time of the violation persons | ||
under the age of 18 are present, the offense is committed | ||
during school hours, or the offense is committed at times | ||
when persons under the age of 18 are reasonably expected to | ||
be present in the school, in the conveyance, or on the real | ||
property, such as when after-school activities are | ||
occurring or residential property owned,
operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income |
development ,
or in any public park or , on or within 500 | ||
feet of the real
property comprising any school or | ||
residential property owned, operated or
managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
or public | ||
park or
within 1,000 feet of the real property comprising | ||
any school or residential
property owned, operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development,
or public
park , on the real property | ||
comprising any church, synagogue, or other
building,
| ||
structure, or place used primarily for religious worship, | ||
or
within 500 1,000 feet of the real property comprising | ||
any church,
synagogue, or other building, structure, or | ||
place used primarily for religious
worship, on the real | ||
property comprising any of the following places,
| ||
buildings, or
structures used primarily for housing or | ||
providing space for activities for
senior citizens: | ||
nursing homes, assisted-living centers, senior citizen | ||
housing
complexes, or senior centers oriented toward | ||
daytime activities, or within 500
1,000 feet of the real | ||
property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward |
daytime
activities
and at the time of the violation persons | ||
are present or reasonably expected to be present in the | ||
church, synagogue, or other
building,
structure, or place | ||
used primarily for religious worship during worship | ||
services, or in buildings or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior | ||
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities during the hours those places, | ||
buildings, or structures are open for those activities, or
| ||
on the real property is guilty of a Class 2 felony, the | ||
fine for which shall not exceed
$150,000;
| ||
(5) subsection (g) of Section 401 in any school, on or | ||
within 500 feet of the real property comprising any school, | ||
or in any conveyance
owned, leased or contracted by a | ||
school to transport students to or from
school or a school | ||
related activity, and at the time of the violation persons | ||
under the age of 18 are present, the offense is committed | ||
during school hours, or the offense is committed at times | ||
when persons under the age of 18 are reasonably expected to | ||
be present in the school, in the conveyance, or on the real | ||
property, such as when after-school activities are | ||
occurring or residential property owned,
operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development ,
or in any public park or , on or within 500 |
feet of the real
property comprising any school or | ||
residential property owned, operated or
managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
or public | ||
park or
within 1,000 feet of the real property comprising | ||
any school or residential
property owned, operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development,
or public
park , on the real property | ||
comprising any church, synagogue, or other
building,
| ||
structure, or place used primarily for religious worship, | ||
or
within 500 1,000 feet of the real property comprising | ||
any church,
synagogue, or other building, structure, or | ||
place used primarily for religious
worship, on the real | ||
property comprising any of the following places,
| ||
buildings, or
structures used primarily for housing or | ||
providing space for activities for
senior citizens: | ||
nursing homes, assisted-living centers, senior citizen | ||
housing
complexes, or senior centers oriented toward | ||
daytime activities, or within 500
1,000 feet of the real | ||
property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities
and at the time of the violation persons |
are present or reasonably expected to be present in the | ||
church, synagogue, or other
building,
structure, or place | ||
used primarily for religious worship during worship | ||
services, or in buildings or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior | ||
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities during the hours those places, | ||
buildings, or structures are open for those activities, or
| ||
on the real property is guilty of a Class 2 felony, the | ||
fine for which shall not exceed $125,000;
| ||
(6) subsection (h) of Section 401 in any school, on or | ||
within 500 feet of the real property comprising any school, | ||
or in any conveyance
owned, leased or contracted by a | ||
school to transport students to or from
school or a school | ||
related activity, and at the time of the violation persons | ||
under the age of 18 are present, the offense is committed | ||
during school hours, or the offense is committed at times | ||
when persons under the age of 18 are reasonably expected to | ||
be present in the school, in the conveyance, or on the real | ||
property, such as when after-school activities are | ||
occurring or residential property owned,
operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development ,
or in any public park or , on or within 500 | ||
feet of the real
property comprising any school or |
residential property owned, operated or
managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
or public | ||
park or within 1,000 feet of the real property comprising | ||
any school
or residential
property owned, operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development,
or public
park , on the real property | ||
comprising any church, synagogue, or other
building,
| ||
structure, or place used primarily for religious worship, | ||
or
within 500 1,000 feet of the real property comprising | ||
any church,
synagogue, or other building, structure, or | ||
place used primarily for religious
worship, on the real | ||
property comprising any of the following places,
| ||
buildings, or
structures used primarily for housing or | ||
providing space for activities for
senior citizens: | ||
nursing homes, assisted-living centers, senior citizen | ||
housing
complexes, or senior centers oriented toward | ||
daytime activities, or within 500
1,000 feet of the real | ||
property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities
and at the time of the violation persons | ||
are present or reasonably expected to be present in the |
church, synagogue, or other
building,
structure, or place | ||
used primarily for religious worship during worship | ||
services, or in buildings or structures used primarily for | ||
housing or providing space
for activities for senior | ||
citizens: nursing homes, assisted-living centers,
senior | ||
citizen housing complexes, or senior centers oriented | ||
toward daytime
activities during the hours those places, | ||
buildings, or structures are open for those activities, or
| ||
on the real property is guilty of a Class 2 felony, the | ||
fine for which shall not exceed
$100,000.
| ||
(c) Regarding penalties prescribed in subsection
(b) for | ||
violations committed in a school or on or within 500
1,000 feet | ||
of school property, the time of day and , time of year and | ||
whether
classes were currently in session at the time of the | ||
offense is irrelevant.
| ||
(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||
Sec. 410. (a) Whenever any person who has not previously | ||
been convicted
of , or placed on probation or court supervision | ||
for any felony offense under this
Act or any law of the United | ||
States or of any State relating to cannabis
or controlled | ||
substances, pleads guilty to or is found guilty of possession
| ||
of a controlled or counterfeit substance under subsection (c) | ||
of Section
402 or of unauthorized possession of prescription | ||
form under Section 406.2, the court, without entering a |
judgment and with the consent of such
person, may sentence him | ||
or her to probation.
| ||
(b) When a person is placed on probation, the court shall | ||
enter an order
specifying a period of probation of 24 months | ||
and shall defer further
proceedings in the case until the | ||
conclusion of the period or until the
filing of a petition | ||
alleging violation of a term or condition of probation.
| ||
(c) The conditions of probation shall be that the person: | ||
(1) not
violate any criminal statute of any jurisdiction; (2) | ||
refrain from
possessing a firearm or other dangerous weapon; | ||
(3) submit to periodic drug
testing at a time and in a manner | ||
as ordered by the court, but no less than 3
times during the | ||
period of the probation, with the cost of the testing to be
| ||
paid by the probationer; and (4) perform no less than 30 hours | ||
of community
service, provided community service is available | ||
in the jurisdiction and is
funded
and approved by the county | ||
board.
| ||
(d) The court may, in addition to other conditions, require | ||
that the person:
| ||
(1) make a report to and appear in person before or | ||
participate with the
court or such courts, person, or | ||
social service agency as directed by the
court in the order | ||
of probation;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational
| ||
training;
|
(4) undergo medical or psychiatric treatment; or | ||
treatment or
rehabilitation approved by the Illinois | ||
Department of Human Services;
| ||
(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation;
| ||
(6) support his or her dependents;
| ||
(6-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his or her parents or in a foster | ||
home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his or her own support at home | ||
or in a foster home.
| ||
(e) Upon violation of a term or condition of probation, the | ||
court
may enter a judgment on its original finding of guilt and | ||
proceed as
otherwise provided.
| ||
(f) Upon fulfillment of the terms and conditions of | ||
probation, the court
shall discharge the person and dismiss the | ||
proceedings against him or her.
|
(g) A disposition of probation is considered to be a | ||
conviction
for the purposes of imposing the conditions of | ||
probation and for appeal,
however, discharge and dismissal | ||
under this Section is not a conviction for
purposes of this Act | ||
or for purposes of disqualifications or disabilities
imposed by | ||
law upon conviction of a crime.
| ||
(h) A person may not have more than There may be only one | ||
discharge and dismissal under this Section within a 4-year | ||
period ,
Section 10 of the Cannabis Control Act, Section 70 of | ||
the Methamphetamine Control and Community Protection Act, | ||
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||
or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 with respect to any person .
| ||
(i) If a person is convicted of an offense under this Act, | ||
the Cannabis
Control Act, or the Methamphetamine Control and | ||
Community Protection Act within 5 years
subsequent to a | ||
discharge and dismissal under this Section, the discharge and
| ||
dismissal under this Section shall be admissible in the | ||
sentencing proceeding
for that conviction
as evidence in | ||
aggravation.
| ||
(j) Notwithstanding subsection (a), before a person is | ||
sentenced to probation under this Section, the court may refer | ||
the person to the drug court established in that judicial | ||
circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||
The drug court team shall evaluate the person's likelihood of | ||
successfully completing a sentence of probation under this |
Section and shall report the results of its evaluation to the | ||
court. If the drug court team finds that the person suffers | ||
from a substance abuse problem that makes him or her | ||
substantially unlikely to successfully complete a sentence of | ||
probation under this Section, then the drug court shall set | ||
forth its findings in the form of a written order, and the | ||
person shall not be sentenced to probation under this Section, | ||
but shall may be considered for the drug court program. | ||
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
| ||
Section 30. The Methamphetamine Control and Community | ||
Protection Act is amended by changing Sections 15, 55, and 70 | ||
as follows: | ||
(720 ILCS 646/15) | ||
Sec. 15. Participation in methamphetamine manufacturing. | ||
(a) Participation in methamphetamine manufacturing.
| ||
(1) It is unlawful to knowingly participate in the | ||
manufacture of methamphetamine with the intent that | ||
methamphetamine or a substance containing methamphetamine | ||
be produced.
| ||
(2) A person who violates paragraph (1) of this | ||
subsection (a) is subject to the following penalties:
| ||
(A) A person who participates in the manufacture of | ||
less than 15 grams of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class 1 |
felony.
| ||
(B) A person who participates in the manufacture of | ||
15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 6 years and | ||
not more than 30 years, and subject to a fine not to | ||
exceed $100,000 or the street value of the | ||
methamphetamine manufactured, whichever is greater.
| ||
(C) A person who participates in the manufacture of | ||
100 or more grams but less than 400 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 9 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine manufactured, whichever is greater.
| ||
(D) A person who participates in the manufacture of | ||
400 or more grams but less than 900 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 12 years and | ||
not more than 50 years, and subject to a fine not to | ||
exceed $300,000 or the street value of the | ||
methamphetamine manufactured, whichever is greater.
| ||
(E) A person who participates in the manufacture of |
900 grams or more of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less | ||
than 15 years and not more than 60 years, and subject | ||
to a fine not to exceed $400,000 or the street value of | ||
the methamphetamine, whichever is greater.
| ||
(b) Aggravated participation in methamphetamine | ||
manufacturing.
| ||
(1) It is unlawful to engage in aggravated | ||
participation in the manufacture of methamphetamine. A | ||
person engages in aggravated participation in the | ||
manufacture of methamphetamine when the person violates | ||
paragraph (1) of subsection (a) and:
| ||
(A) the person knowingly does so in a multi-unit | ||
dwelling;
| ||
(B) the person knowingly does so in a structure or | ||
vehicle where a child under the age of 18, a person | ||
with a disability, or a person 60 years of age or older | ||
who is incapable of adequately providing for his or her | ||
own health and personal care resides, is present, or is | ||
endangered by the manufacture of methamphetamine;
| ||
(C) the person does so in a structure or vehicle | ||
where a woman the person knows to be pregnant | ||
(including but not limited to the person herself) | ||
resides, is present, or is endangered by the | ||
methamphetamine manufacture;
|
(D) the person knowingly does so in a structure or | ||
vehicle protected by one or more firearms, explosive | ||
devices, booby traps, alarm systems, surveillance | ||
systems, guard dogs, or dangerous animals;
| ||
(E) the methamphetamine manufacturing in which the | ||
person participates is a contributing cause of the | ||
death, serious bodily injury, disability, or | ||
disfigurement of another person, including but not | ||
limited to an emergency service provider;
| ||
(F) the methamphetamine manufacturing in which the | ||
person participates is a contributing cause of a fire | ||
or explosion that damages property belonging to | ||
another person;
| ||
(G) the person knowingly organizes, directs, or | ||
finances the methamphetamine manufacturing or | ||
activities carried out in support of the | ||
methamphetamine manufacturing; or
| ||
(H) the methamphetamine manufacturing occurs | ||
within 500 1,000 feet of a place of worship or | ||
parsonage, or within 500 1,000 feet of the real | ||
property comprising any school at a time when children, | ||
clergy, patrons, staff, or other persons are present or | ||
any activity sanctioned by the place of worship or | ||
parsonage or school is taking place .
| ||
(2) A person who violates paragraph (1) of this | ||
subsection (b) is subject to the following penalties:
|
(A) A person who participates in the manufacture of | ||
less than 15 grams of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less | ||
than 6 years and not more than 30 years, and subject to | ||
a fine not to exceed $100,000 or the street value of | ||
the methamphetamine, whichever is greater.
| ||
(B) A person who participates in the manufacture of | ||
15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 9 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(C) A person who participates in the manufacture of | ||
100 or more grams but less than 400 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 12 years and | ||
not more than 50 years, and subject to a fine not to | ||
exceed $300,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(D) A person who participates in the manufacture of | ||
400 grams or more of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class X |
felony, subject to a term of imprisonment of not less | ||
than 15 years and not more than 60 years, and subject | ||
to a fine not to exceed $400,000 or the street value of | ||
the methamphetamine, whichever is greater.
| ||
(Source: P.A. 98-980, eff. 1-1-15 .) | ||
(720 ILCS 646/55)
| ||
Sec. 55. Methamphetamine delivery. | ||
(a) Delivery or possession with intent to deliver | ||
methamphetamine or a substance containing methamphetamine.
| ||
(1) It is unlawful knowingly to engage in the delivery | ||
or possession with intent to deliver methamphetamine or a | ||
substance containing methamphetamine.
| ||
(2) A person who violates paragraph (1) of this | ||
subsection (a) is subject to the following penalties:
| ||
(A) A person who delivers or possesses with intent | ||
to deliver less than 5 grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class 2 felony.
| ||
(B) A person who delivers or possesses with intent | ||
to deliver 5 or more grams but less than 15 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class 1 felony.
| ||
(C) A person who delivers or possesses with intent | ||
to deliver 15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing |
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 6 years and | ||
not more than 30 years, and subject to a fine not to | ||
exceed $100,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(D) A person who delivers or possesses with intent | ||
to deliver 100 or more grams but less than 400 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 9 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(E) A person who delivers or possesses with intent | ||
to deliver 400 or more grams but less than 900 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 12 years and | ||
not more than 50 years, and subject to a fine not to | ||
exceed $300,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(F) A person who delivers or possesses with intent | ||
to deliver 900 or more grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class X felony, subject to a term of imprisonment of | ||
not less than 15 years and not more than 60 years, and |
subject to a fine not to exceed $400,000 or the street | ||
value of the methamphetamine, whichever is greater.
| ||
(b) Aggravated delivery or possession with intent to | ||
deliver methamphetamine or a substance containing | ||
methamphetamine.
| ||
(1) It is unlawful to engage in the aggravated delivery | ||
or possession with intent to deliver methamphetamine or a | ||
substance containing methamphetamine. A person engages in | ||
the aggravated delivery or possession with intent to | ||
deliver methamphetamine or a substance containing | ||
methamphetamine when the person violates paragraph (1) of | ||
subsection (a) of this Section and:
| ||
(A) the person is at least 18 years of age and | ||
knowingly delivers or possesses with intent to deliver | ||
the methamphetamine or substance containing | ||
methamphetamine to a person under 18 years of age;
| ||
(B) the person is at least 18 years of age and | ||
knowingly uses, engages, employs, or causes another | ||
person to use, engage, or employ a person under 18 | ||
years of age to deliver the methamphetamine or | ||
substance containing methamphetamine;
| ||
(C) the person knowingly delivers or possesses | ||
with intent to deliver the methamphetamine or | ||
substance containing methamphetamine in any structure | ||
or vehicle protected by one or more firearms, explosive | ||
devices, booby traps, alarm systems, surveillance |
systems, guard dogs, or dangerous animals;
| ||
(D) the person knowingly delivers or possesses | ||
with intent to deliver the methamphetamine or | ||
substance containing methamphetamine in any school, on | ||
any real property comprising any school, or in any | ||
conveyance owned, leased, or contracted by a school to | ||
transport students to or from school or a | ||
school-related activity and at the time of the | ||
violation persons under the age of 18 are present, the | ||
offense is committed during school hours, or the | ||
offense is committed at times when persons under the | ||
age of 18 are reasonably expected to be present in the | ||
school, in the conveyance, or on the real property, | ||
such as when after-school activities are occurring ;
| ||
(E) the person delivers or causes another person to | ||
deliver the methamphetamine or substance containing | ||
methamphetamine to a woman that the person knows to be | ||
pregnant;
or | ||
(F) (blank). | ||
(2) A person who violates paragraph (1) of this | ||
subsection (b) is subject to the following penalties:
| ||
(A) A person who delivers or possesses with intent | ||
to deliver less than 5 grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class 1 felony.
| ||
(B) A person who delivers or possesses with intent |
to deliver 5 or more grams but less than 15 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 6 years and | ||
not more than 30 years, and subject to a fine not to | ||
exceed $100,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(C) A person who delivers or possesses with intent | ||
to deliver 15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 8 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(D) A person who delivers or possesses with intent | ||
to deliver 100 or more grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class X felony, subject to a term of imprisonment of | ||
not less than 10 years and not more than 50 years, and | ||
subject to a fine not to exceed $300,000 or the street | ||
value of the methamphetamine, whichever is greater.
| ||
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) | ||
(720 ILCS 646/70)
| ||
Sec. 70. Probation. |
(a) Whenever any person who has not previously been | ||
convicted of , or placed on probation or court supervision for | ||
any felony offense under this Act, the Illinois Controlled | ||
Substances Act, the Cannabis Control Act, or any law of the | ||
United States or of any state relating to cannabis or | ||
controlled substances, pleads guilty to or is found guilty of | ||
possession of less than 15 grams of methamphetamine under | ||
paragraph (1) or (2) of subsection (b) of Section 60 of this | ||
Act, the court, without entering a judgment and with the | ||
consent of the person, may sentence him or her to probation.
| ||
(b) When a person is placed on probation, the court shall | ||
enter an order specifying a period of probation of 24 months | ||
and shall defer further proceedings in the case until the | ||
conclusion of the period or until the filing of a petition | ||
alleging violation of a term or condition of probation.
| ||
(c) The conditions of probation shall be that the person: | ||
(1) not violate any criminal statute of any | ||
jurisdiction; | ||
(2) refrain from possessing a firearm or other | ||
dangerous weapon; | ||
(3) submit to periodic drug testing at a time and in a | ||
manner as ordered by the court, but no less than 3 times | ||
during the period of the probation, with the cost of the | ||
testing to be paid by the probationer; and | ||
(4) perform no less than 30 hours of community service, | ||
if community service is available in the jurisdiction and |
is funded and approved by the county board.
| ||
(d) The court may, in addition to other conditions, require | ||
that the person take one or more of the following actions:
| ||
(1) make a report to and appear in person before or | ||
participate with the court or such courts, person, or | ||
social service agency as directed by the court in the order | ||
of probation;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical or psychiatric treatment; or | ||
treatment or rehabilitation approved by the Illinois | ||
Department of Human Services;
| ||
(5) attend or reside in a facility established for the | ||
instruction or residence of defendants on probation;
| ||
(6) support his or her dependents;
| ||
(7) refrain from having in his or her body the presence | ||
of any illicit drug prohibited by this Act, the Cannabis | ||
Control Act, or the Illinois Controlled Substances Act, | ||
unless prescribed by a physician, and submit samples of his | ||
or her blood or urine or both for tests to determine the | ||
presence of any illicit drug; or
| ||
(8) if a minor:
| ||
(i) reside with his or her parents or in a foster | ||
home;
| ||
(ii) attend school;
|
(iii) attend a non-residential program for youth; | ||
or
| ||
(iv) contribute to his or her own support at home | ||
or in a foster home.
| ||
(e) Upon violation of a term or condition of probation, the | ||
court may enter a judgment on its original finding of guilt and | ||
proceed as otherwise provided.
| ||
(f) Upon fulfillment of the terms and conditions of | ||
probation, the court shall discharge the person and dismiss the | ||
proceedings against the person.
| ||
(g) A disposition of probation is considered to be a | ||
conviction for the purposes of imposing the conditions of | ||
probation and for appeal, however, discharge and dismissal | ||
under this Section is not a conviction for purposes of this Act | ||
or for purposes of disqualifications or disabilities imposed by | ||
law upon conviction of a crime.
| ||
(h) A person may not have more than There may be only one | ||
discharge and dismissal under this Section within a 4-year | ||
period , Section 410 of the Illinois Controlled Substances Act, | ||
Section 10 of the Cannabis Control Act, Section 5-6-3.3 or | ||
5-6-3.4 of the Unified Code of Corrections, or subsection (c) | ||
of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 with respect to any person .
| ||
(i) If a person is convicted of an offense under this Act, | ||
the Cannabis Control Act, or the Illinois Controlled Substances | ||
Act within 5 years subsequent to a discharge and dismissal |
under this Section, the discharge and dismissal under this | ||
Section are admissible in the sentencing proceeding for that | ||
conviction as evidence in aggravation.
| ||
(j) Notwithstanding subsection (a), before a person is | ||
sentenced to probation under this Section, the court may refer | ||
the person to the drug court established in that judicial | ||
circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||
The drug court team shall evaluate the person's likelihood of | ||
successfully completing a sentence of probation under this | ||
Section and shall report the results of its evaluation to the | ||
court. If the drug court team finds that the person suffers | ||
from a substance abuse problem that makes him or her | ||
substantially unlikely to successfully complete a sentence of | ||
probation under this Section, then the drug court shall set | ||
forth its findings in the form of a written order, and the | ||
person shall not be sentenced to probation under this Section, | ||
but shall may be considered for the drug court program. | ||
(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.) | ||
Section 35. The Unified Code of Corrections is amended by | ||
changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4, | ||
and 5-8-8 and by adding Sections 5-4.5-110 and 5-6-3.6 as | ||
follows:
| ||
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| ||
Sec. 3-3-8. Length of parole and mandatory supervised
|
release; discharge. | ||
(a) The length of parole
for a person sentenced under the | ||
law in effect prior to
the effective date of this amendatory | ||
Act of 1977 and the
length of mandatory supervised release for | ||
those sentenced
under the law in effect on and after such | ||
effective date
shall be as set out in Section 5-8-1 unless | ||
sooner terminated
under paragraph (b) of this Section.
| ||
(b) The Prisoner Review Board may enter an order
releasing | ||
and discharging one from parole or mandatory
supervised | ||
release, and his or her commitment to the Department,
when it | ||
determines that he or she is likely to remain at liberty
| ||
without committing another offense.
| ||
(b-1) Provided that the subject is in compliance with the | ||
terms and conditions of his or her parole or mandatory | ||
supervised release, the Prisoner Review Board may reduce the | ||
period of a parolee or releasee's parole or mandatory | ||
supervised release by 90 days upon the parolee or releasee | ||
receiving a high school diploma or upon passage of high school | ||
equivalency testing during the period of his or her parole or | ||
mandatory supervised release. This reduction in the period of a | ||
subject's term of parole or mandatory supervised release shall | ||
be available only to subjects who have not previously earned a | ||
high school diploma or who have not previously passed high | ||
school equivalency testing. | ||
(b-2) The Prisoner Review Board may release a low-risk and | ||
need subject person from mandatory supervised release as |
determined by an appropriate evidence-based risk and need | ||
assessment. | ||
(c) The order of discharge shall become effective upon | ||
entry of the
order of the Board. The Board shall notify the | ||
clerk of the committing
court of the order. Upon receipt of | ||
such copy, the clerk shall make an
entry on the record judgment | ||
that the sentence or commitment has been
satisfied pursuant to | ||
the order.
| ||
(d) Rights of the person discharged under this
Section | ||
shall be restored under Section 5-5-5.
| ||
(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268, | ||
eff. 1-1-16; 99-628, eff. 1-1-17 .)
| ||
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||
(Text of Section before amendment by P.A. 99-938 )
| ||
Sec. 3-6-3. Rules and regulations for sentence credit.
| ||
(a)(1) The Department of Corrections shall prescribe rules
| ||
and regulations for awarding and revoking sentence credit for | ||
persons committed to the Department which shall
be subject to | ||
review by the Prisoner Review Board.
| ||
(1.5) As otherwise provided by law, sentence credit may be | ||
awarded for the following: | ||
(A) successful completion of programming while in | ||
custody of the Department or while in custody prior to | ||
sentencing; | ||
(B) compliance with the rules and regulations of the |
Department; or | ||
(C) service to the institution, service to a community, | ||
or service to the State. | ||
(2) The rules and regulations on sentence credit shall | ||
provide, with
respect to offenses listed in clause (i), (ii), | ||
or (iii) of this paragraph (2) committed on or after June 19, | ||
1998 or with respect to the offense listed in clause (iv) of | ||
this paragraph (2) committed on or after June 23, 2005 (the | ||
effective date of Public Act 94-71) or with
respect to offense | ||
listed in clause (vi)
committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625)
or with respect to the | ||
offense of being an armed habitual criminal committed on or | ||
after August 2, 2005 (the effective date of Public Act 94-398) | ||
or with respect to the offenses listed in clause (v) of this | ||
paragraph (2) committed on or after August 13, 2007 (the | ||
effective date of Public Act 95-134) or with respect to the | ||
offense of aggravated domestic battery committed on or after | ||
July 23, 2010 (the effective date of Public Act 96-1224) or | ||
with respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 (the effective date of | ||
Public Act 97-990), the following:
| ||
(i) that a prisoner who is serving a term of | ||
imprisonment for first
degree murder or for the offense of | ||
terrorism shall receive no sentence
credit and shall serve | ||
the entire
sentence imposed by the court;
| ||
(ii) that a prisoner serving a sentence for attempt to |
commit terrorism, attempt to commit first
degree murder, | ||
solicitation of murder, solicitation of murder for hire,
| ||
intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a
child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated
| ||
kidnapping, aggravated battery with a firearm as described | ||
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05, heinous battery as described in | ||
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||
being an armed habitual criminal, aggravated
battery of a | ||
senior citizen as described in Section 12-4.6 or | ||
subdivision (a)(4) of Section 12-3.05, or aggravated | ||
battery of a child as described in Section 12-4.3 or | ||
subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence
of imprisonment;
| ||
(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular hijacking,
| ||
aggravated discharge of a firearm, or armed violence with a | ||
category I weapon
or category II weapon, when the court
has | ||
made and entered a finding, pursuant to subsection (c-1) of | ||
Section 5-4-1
of this Code, that the conduct leading to | ||
conviction for the enumerated offense
resulted in great | ||
bodily harm to a victim, shall receive no more than 4.5 | ||
days
of sentence credit for each month of his or her | ||
sentence of imprisonment;
|
(iv) that a prisoner serving a sentence for aggravated | ||
discharge of a firearm, whether or not the conduct leading | ||
to conviction for the offense resulted in great bodily harm | ||
to the victim, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment;
| ||
(v) that a person serving a sentence for gunrunning, | ||
narcotics racketeering, controlled substance trafficking, | ||
methamphetamine trafficking, drug-induced homicide, | ||
aggravated methamphetamine-related child endangerment, | ||
money laundering pursuant to clause (c) (4) or (5) of | ||
Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a Class X felony conviction for delivery | ||
of a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, aggravated | ||
participation in methamphetamine manufacturing, delivery | ||
of methamphetamine, possession with intent to deliver | ||
methamphetamine, aggravated delivery of methamphetamine, | ||
aggravated possession with intent to deliver | ||
methamphetamine, methamphetamine conspiracy when the | ||
substance containing the controlled substance or | ||
methamphetamine is 100 grams or more shall receive no more | ||
than 7.5 days sentence credit for each month of his or her |
sentence of imprisonment;
| ||
(vi)
that a prisoner serving a sentence for a second or | ||
subsequent offense of luring a minor shall receive no more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment; and
| ||
(vii) that a prisoner serving a sentence for aggravated | ||
domestic battery shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment. | ||
(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
subdivision (a)(2)(v) committed on or after August 13, 2007 | ||
(the effective date of Public Act 95-134)
or subdivision | ||
(a)(2)(vi) committed on or after June 1, 2008 (the effective | ||
date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||
on or after July 23, 2010 (the effective date of Public Act | ||
96-1224), and other than the offense of aggravated driving | ||
under the influence of alcohol, other drug or drugs, or
| ||
intoxicating compound or compounds, or any combination thereof | ||
as defined in
subparagraph (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||
than the offense of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230),
the | ||
rules and regulations shall
provide that a prisoner who is | ||
serving a term of
imprisonment shall receive one day of | ||
sentence credit for each day of
his or her sentence of | ||
imprisonment or recommitment under Section 3-3-9.
Each day of | ||
sentence credit shall reduce by one day the prisoner's period
| ||
of imprisonment or recommitment under Section 3-3-9.
| ||
(2.2) A prisoner serving a term of natural life | ||
imprisonment or a
prisoner who has been sentenced to death | ||
shall receive no sentence
credit.
| ||
(2.3) The rules and regulations on sentence credit shall | ||
provide that
a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other drug | ||
or drugs, or intoxicating compound or compounds, or any | ||
combination
thereof as defined in subparagraph (F) of paragraph | ||
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||
Code, shall receive no more than 4.5
days of sentence credit | ||
for each month of his or her sentence of
imprisonment.
| ||
(2.4) The rules and regulations on sentence credit shall | ||
provide with
respect to the offenses of aggravated battery with | ||
a machine gun or a firearm
equipped with any device or | ||
attachment designed or used for silencing the
report of a | ||
firearm or aggravated discharge of a machine gun or a firearm
| ||
equipped with any device or attachment designed or used for |
silencing the
report of a firearm, committed on or after
July | ||
15, 1999 (the effective date of Public Act 91-121),
that a | ||
prisoner serving a sentence for any of these offenses shall | ||
receive no
more than 4.5 days of sentence credit for each month | ||
of his or her sentence
of imprisonment.
| ||
(2.5) The rules and regulations on sentence credit shall | ||
provide that a
prisoner who is serving a sentence for | ||
aggravated arson committed on or after
July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more than
| ||
4.5 days of sentence credit for each month of his or her | ||
sentence of
imprisonment.
| ||
(2.6) The rules and regulations on sentence credit shall | ||
provide that a
prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other drug | ||
or drugs, or intoxicating compound or compounds or any | ||
combination
thereof as defined in subparagraph (C) of paragraph | ||
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||
Code committed on or after January 1, 2011 (the effective date | ||
of Public Act 96-1230) shall receive no more than 4.5
days of | ||
sentence credit for each month of his or her sentence of
| ||
imprisonment. | ||
(3) The rules and regulations shall also provide that
the | ||
Director may award up to 180 days additional sentence
credit | ||
for good conduct in specific instances as the
Director deems | ||
proper. The good conduct may include, but is not limited to, | ||
compliance with the rules and regulations of the Department, |
service to the Department, service to a community, or service | ||
to the State. However, the Director shall not award more than | ||
90 days
of sentence credit for good conduct to any prisoner who | ||
is serving a sentence for
conviction of first degree murder, | ||
reckless homicide while under the
influence of alcohol or any | ||
other drug,
or aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds, or any combination thereof as defined in
| ||
subparagraph (F) of paragraph (1) of subsection (d) of Section | ||
11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | ||
kidnapping,
predatory criminal sexual assault of a child,
| ||
aggravated criminal sexual assault, criminal sexual assault, | ||
deviate sexual
assault, aggravated criminal sexual abuse, | ||
aggravated indecent liberties
with a child, indecent liberties | ||
with a child, child pornography, heinous
battery as described | ||
in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||
aggravated battery of a spouse, aggravated battery of a spouse
| ||
with a firearm, stalking, aggravated stalking, aggravated | ||
battery of a child as described in Section 12-4.3 or | ||
subdivision (b)(1) of Section 12-3.05,
endangering the life or | ||
health of a child, or cruelty to a child. Notwithstanding the | ||
foregoing, sentence credit for
good conduct shall not be | ||
awarded on a
sentence of imprisonment imposed for conviction | ||
of: (i) one of the offenses
enumerated in subdivision | ||
(a)(2)(i), (ii), or (iii) when the offense is committed on or | ||
after
June 19, 1998 or subdivision (a)(2)(iv) when the offense |
is committed on or after June 23, 2005 (the effective date of | ||
Public Act 94-71) or subdivision (a)(2)(v) when the offense is | ||
committed on or after August 13, 2007 (the effective date of | ||
Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | ||
is committed on or after June 1, 2008 (the effective date of | ||
Public Act 95-625) or subdivision (a)(2)(vii) when the offense | ||
is committed on or after July 23, 2010 (the effective date of | ||
Public Act 96-1224), (ii) aggravated driving under the | ||
influence of alcohol, other drug or drugs, or
intoxicating | ||
compound or compounds, or any combination thereof as defined in
| ||
subparagraph (F) of paragraph (1) of subsection (d) of Section | ||
11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | ||
enumerated in subdivision
(a)(2.4) when the offense is | ||
committed on or after
July 15, 1999 (the effective date of | ||
Public Act 91-121),
(iv) aggravated arson when the offense is | ||
committed
on or after July 27, 2001 (the effective date of | ||
Public Act 92-176), (v) offenses that may subject the offender | ||
to commitment under the Sexually Violent Persons Commitment | ||
Act, or (vi) aggravated driving under the influence of alcohol,
| ||
other drug or drugs, or intoxicating compound or compounds or | ||
any combination
thereof as defined in subparagraph (C) of | ||
paragraph (1) of subsection (d) of
Section 11-501 of the | ||
Illinois Vehicle Code committed on or after January 1, 2011 | ||
(the effective date of Public Act 96-1230).
| ||
Eligible inmates for an award of sentence credit under
this | ||
paragraph (3) may be selected to receive the credit at
the |
Director's or his or her designee's sole discretion.
| ||
Consideration may be based on, but not limited to, any
| ||
available risk assessment analysis on the inmate, any history | ||
of conviction for violent crimes as defined by the Rights of | ||
Crime Victims and Witnesses Act, facts and circumstances of the | ||
inmate's holding offense or offenses, and the potential for | ||
rehabilitation. | ||
The Director shall not award sentence credit under this | ||
paragraph (3) to an inmate unless the inmate has served a | ||
minimum of 60 days of the sentence; except nothing in this | ||
paragraph shall be construed to permit the Director to extend | ||
an inmate's sentence beyond that which was imposed by the | ||
court. Prior to awarding credit under this paragraph (3), the | ||
Director shall make a written determination that the inmate: | ||
(A) is eligible for the sentence credit; | ||
(B) has served a minimum of 60 days, or as close to 60 | ||
days as the sentence will allow; and | ||
(C) has met the eligibility criteria established by | ||
rule. | ||
The Director shall determine the form and content of the | ||
written determination required in this subsection. | ||
(3.5) The Department shall provide annual written reports | ||
to the Governor and the General Assembly on the award of | ||
sentence credit for good conduct, with the first report due | ||
January 1, 2014. The Department must publish both reports on | ||
its website within 48 hours of transmitting the reports to the |
Governor and the General Assembly. The reports must include: | ||
(A) the number of inmates awarded sentence credit for | ||
good conduct; | ||
(B) the average amount of sentence credit for good | ||
conduct awarded; | ||
(C) the holding offenses of inmates awarded sentence | ||
credit for good conduct; and | ||
(D) the number of sentence credit for good conduct | ||
revocations. | ||
(4) The rules and regulations shall also provide that the | ||
sentence
credit accumulated and retained under paragraph (2.1) | ||
of subsection (a) of
this Section by any inmate during specific | ||
periods of time in which such
inmate is engaged full-time in | ||
substance abuse programs, correctional
industry assignments, | ||
educational programs, behavior modification programs, life | ||
skills courses, or re-entry planning provided by the Department
| ||
under this paragraph (4) and satisfactorily completes the | ||
assigned program as
determined by the standards of the | ||
Department, shall be multiplied by a factor
of 1.25 for program | ||
participation before August 11, 1993
and 1.50 for program | ||
participation on or after that date.
The rules and regulations | ||
shall also provide that sentence credit, subject to the same | ||
offense limits and multiplier provided in this paragraph, may | ||
be provided to an inmate who was held in pre-trial detention | ||
prior to his or her current commitment to the Department of | ||
Corrections and successfully completed a full-time, 60-day or |
longer substance abuse program, educational program, behavior | ||
modification program, life skills course, or re-entry planning | ||
provided by the county department of corrections or county | ||
jail. Calculation of this county program credit shall be done | ||
at sentencing as provided in Section 5-4.5-100 of this Code and | ||
shall be included in the sentencing order. However, no inmate | ||
shall be eligible for the additional sentence credit
under this | ||
paragraph (4) or (4.1) of this subsection (a) while assigned to | ||
a boot camp
or electronic detention, or if convicted of an | ||
offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of | ||
this Section that is committed on or after June 19,
1998 or | ||
subdivision (a)(2)(iv) of this Section that is committed on or | ||
after June 23, 2005 (the effective date of Public Act 94-71) or | ||
subdivision (a)(2)(v) of this Section that is committed on or | ||
after August 13, 2007 (the effective date of Public Act 95-134)
| ||
or subdivision (a)(2)(vi) when the offense is committed on or | ||
after June 1, 2008 (the effective date of Public Act 95-625) or | ||
subdivision (a)(2)(vii) when the offense is committed on or | ||
after July 23, 2010 (the effective date of Public Act 96-1224), | ||
or if convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds or any combination thereof as defined in
subparagraph | ||
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code, or if convicted of aggravated driving | ||
under the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds or any combination
thereof |
as defined in subparagraph (C) of paragraph (1) of subsection | ||
(d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||
or after January 1, 2011 (the effective date of Public Act | ||
96-1230), or if convicted of an offense enumerated in paragraph
| ||
(a)(2.4) of this Section that is committed on or after
July 15, | ||
1999 (the effective date of Public Act 91-121),
or first degree | ||
murder, a Class X felony, criminal sexual
assault, felony | ||
criminal sexual abuse, aggravated criminal sexual abuse,
| ||
aggravated battery with a firearm as described in Section | ||
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||
Section 12-3.05, or any predecessor or successor offenses
with | ||
the same or substantially the same elements, or any inchoate | ||
offenses
relating to the foregoing offenses. No inmate shall be | ||
eligible for the
additional good conduct credit under this | ||
paragraph (4) who (i) has previously
received increased good | ||
conduct credit under this paragraph (4) and has
subsequently | ||
been convicted of a
felony, or (ii) has previously served more | ||
than one prior sentence of
imprisonment for a felony in an | ||
adult correctional facility.
| ||
Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry planning, | ||
and correctional
industry programs under which sentence credit | ||
may be increased under
this paragraph (4) and paragraph (4.1) | ||
of this subsection (a) shall be evaluated by the Department on | ||
the basis of
documented standards. The Department shall report | ||
the results of these
evaluations to the Governor and the |
General Assembly by September 30th of each
year. The reports | ||
shall include data relating to the recidivism rate among
| ||
program participants.
| ||
Availability of these programs shall be subject to the
| ||
limits of fiscal resources appropriated by the General Assembly | ||
for these
purposes. Eligible inmates who are denied immediate | ||
admission shall be
placed on a waiting list under criteria | ||
established by the Department.
The inability of any inmate to | ||
become engaged in any such programs
by reason of insufficient | ||
program resources or for any other reason
established under the | ||
rules and regulations of the Department shall not be
deemed a | ||
cause of action under which the Department or any employee or
| ||
agent of the Department shall be liable for damages to the | ||
inmate.
| ||
(4.1) The rules and regulations shall also provide that an | ||
additional 90 days of sentence credit shall be awarded to any | ||
prisoner who passes high school equivalency testing while the | ||
prisoner is committed to the Department of Corrections. The | ||
sentence credit awarded under this paragraph (4.1) shall be in | ||
addition to, and shall not affect, the award of sentence credit | ||
under any other paragraph of this Section, but shall also be | ||
pursuant to the guidelines and restrictions set forth in | ||
paragraph (4) of subsection (a) of this Section.
The sentence | ||
credit provided for in this paragraph shall be available only | ||
to those prisoners who have not previously earned a high school | ||
diploma or a high school equivalency certificate. If, after an |
award of the high school equivalency testing sentence credit | ||
has been made, the Department determines that the prisoner was | ||
not eligible, then the award shall be revoked.
The Department | ||
may also award 90 days of sentence credit to any committed | ||
person who passed high school equivalency testing while he or | ||
she was held in pre-trial detention prior to the current | ||
commitment to the Department of Corrections. | ||
(4.5) The rules and regulations on sentence credit shall | ||
also provide that
when the court's sentencing order recommends | ||
a prisoner for substance abuse treatment and the
crime was | ||
committed on or after September 1, 2003 (the effective date of
| ||
Public Act 93-354), the prisoner shall receive no sentence | ||
credit awarded under clause (3) of this subsection (a) unless | ||
he or she participates in and
completes a substance abuse | ||
treatment program. The Director may waive the requirement to | ||
participate in or complete a substance abuse treatment program | ||
and award the sentence credit in specific instances if the | ||
prisoner is not a good candidate for a substance abuse | ||
treatment program for medical, programming, or operational | ||
reasons. Availability of
substance abuse treatment shall be | ||
subject to the limits of fiscal resources
appropriated by the | ||
General Assembly for these purposes. If treatment is not
| ||
available and the requirement to participate and complete the | ||
treatment has not been waived by the Director, the prisoner | ||
shall be placed on a waiting list under criteria
established by | ||
the Department. The Director may allow a prisoner placed on
a |
waiting list to participate in and complete a substance abuse | ||
education class or attend substance
abuse self-help meetings in | ||
lieu of a substance abuse treatment program. A prisoner on a | ||
waiting list who is not placed in a substance abuse program | ||
prior to release may be eligible for a waiver and receive | ||
sentence credit under clause (3) of this subsection (a) at the | ||
discretion of the Director.
| ||
(4.6) The rules and regulations on sentence credit shall | ||
also provide that a prisoner who has been convicted of a sex | ||
offense as defined in Section 2 of the Sex Offender | ||
Registration Act shall receive no sentence credit unless he or | ||
she either has successfully completed or is participating in | ||
sex offender treatment as defined by the Sex Offender | ||
Management Board. However, prisoners who are waiting to receive | ||
treatment, but who are unable to do so due solely to the lack | ||
of resources on the part of the Department, may, at the | ||
Director's sole discretion, be awarded sentence credit at a | ||
rate as the Director shall determine. | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of sentence | ||
credit for good conduct under paragraph (3) of subsection (a) | ||
of this Section given at any time during the term, the | ||
Department shall give
reasonable notice of the impending | ||
release not less than 14 days prior to the date of the release | ||
to the State's
Attorney of the county where the prosecution of | ||
the inmate took place, and if applicable, the State's Attorney |
of the county into which the inmate will be released. The | ||
Department must also make identification information and a | ||
recent photo of the inmate being released accessible on the | ||
Internet by means of a hyperlink labeled "Community | ||
Notification of Inmate Early Release" on the Department's World | ||
Wide Web homepage.
The identification information shall | ||
include the inmate's: name, any known alias, date of birth, | ||
physical characteristics, commitment offense and county where | ||
conviction was imposed. The identification information shall | ||
be placed on the website within 3 days of the inmate's release | ||
and the information may not be removed until either: completion | ||
of the first year of mandatory supervised release or return of | ||
the inmate to custody of the Department.
| ||
(b) Whenever a person is or has been committed under
| ||
several convictions, with separate sentences, the sentences
| ||
shall be construed under Section 5-8-4 in granting and
| ||
forfeiting of sentence credit.
| ||
(c) The Department shall prescribe rules and regulations
| ||
for revoking sentence credit, including revoking sentence | ||
credit awarded for good conduct under paragraph (3) of | ||
subsection (a) of this Section. The Department shall prescribe | ||
rules and regulations for suspending or reducing
the rate of | ||
accumulation of sentence credit for specific
rule violations, | ||
during imprisonment. These rules and regulations
shall provide | ||
that no inmate may be penalized more than one
year of sentence | ||
credit for any one infraction.
|
When the Department seeks to revoke, suspend or reduce
the | ||
rate of accumulation of any sentence credits for
an alleged | ||
infraction of its rules, it shall bring charges
therefor | ||
against the prisoner sought to be so deprived of
sentence | ||
credits before the Prisoner Review Board as
provided in | ||
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||
amount of credit at issue exceeds 30 days or
when during any 12 | ||
month period, the cumulative amount of
credit revoked exceeds | ||
30 days except where the infraction is committed
or discovered | ||
within 60 days of scheduled release. In those cases,
the | ||
Department of Corrections may revoke up to 30 days of sentence | ||
credit.
The Board may subsequently approve the revocation of | ||
additional sentence credit, if the Department seeks to revoke | ||
sentence credit in
excess of 30 days. However, the Board shall | ||
not be empowered to review the
Department's decision with | ||
respect to the loss of 30 days of sentence
credit within any | ||
calendar year for any prisoner or to increase any penalty
| ||
beyond the length requested by the Department.
| ||
The Director of the Department of Corrections, in | ||
appropriate cases, may
restore up to 30 days of sentence | ||
credits which have been revoked, suspended
or reduced. Any | ||
restoration of sentence credits in excess of 30 days shall
be | ||
subject to review by the Prisoner Review Board. However, the | ||
Board may not
restore sentence credit in excess of the amount | ||
requested by the Director.
| ||
Nothing contained in this Section shall prohibit the |
Prisoner Review Board
from ordering, pursuant to Section | ||
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||
sentence imposed by the court that was not served due to the
| ||
accumulation of sentence credit.
| ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court
against the State, the Department of Corrections, | ||
or the Prisoner Review Board,
or against any of
their officers | ||
or employees, and the court makes a specific finding that a
| ||
pleading, motion, or other paper filed by the prisoner is | ||
frivolous, the
Department of Corrections shall conduct a | ||
hearing to revoke up to
180 days of sentence credit by bringing | ||
charges against the prisoner
sought to be deprived of the | ||
sentence credits before the Prisoner Review
Board as provided | ||
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||
prisoner has not accumulated 180 days of sentence credit at the
| ||
time of the finding, then the Prisoner Review Board may revoke | ||
all
sentence credit accumulated by the prisoner.
| ||
For purposes of this subsection (d):
| ||
(1) "Frivolous" means that a pleading, motion, or other | ||
filing which
purports to be a legal document filed by a | ||
prisoner in his or her lawsuit meets
any or all of the | ||
following criteria:
| ||
(A) it lacks an arguable basis either in law or in | ||
fact;
| ||
(B) it is being presented for any improper purpose, | ||
such as to harass or
to cause unnecessary delay or |
needless increase in the cost of litigation;
| ||
(C) the claims, defenses, and other legal | ||
contentions therein are not
warranted by existing law | ||
or by a nonfrivolous argument for the extension,
| ||
modification, or reversal of existing law or the | ||
establishment of new law;
| ||
(D) the allegations and other factual contentions | ||
do not have
evidentiary
support or, if specifically so | ||
identified, are not likely to have evidentiary
support | ||
after a reasonable opportunity for further | ||
investigation or discovery;
or
| ||
(E) the denials of factual contentions are not | ||
warranted on the
evidence, or if specifically so | ||
identified, are not reasonably based on a lack
of | ||
information or belief.
| ||
(2) "Lawsuit" means a motion pursuant to Section
116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under
Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254),
a petition for claim | ||
under the Court of Claims Act, an action under the
federal | ||
Civil Rights Act (42 U.S.C. 1983), or a second or | ||
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure.
|
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404.
| ||
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, earlier than it
otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code. | ||
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||
eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||
(Text of Section after amendment by P.A. 99-938 ) | ||
Sec. 3-6-3. Rules and regulations for sentence credit.
| ||
(a)(1) The Department of Corrections shall prescribe rules
| ||
and regulations for awarding and revoking sentence credit for | ||
persons committed to the Department which shall
be subject to | ||
review by the Prisoner Review Board.
| ||
(1.5) As otherwise provided by law, sentence credit may be | ||
awarded for the following: | ||
(A) successful completion of programming while in | ||
custody of the Department or while in custody prior to | ||
sentencing; | ||
(B) compliance with the rules and regulations of the | ||
Department; or |
(C) service to the institution, service to a community, | ||
or service to the State. | ||
(2) Except as provided in paragraph (4.7) of this | ||
subsection (a), the The rules and regulations on sentence | ||
credit shall provide, with
respect to offenses listed in clause | ||
(i), (ii), or (iii) of this paragraph (2) committed on or after | ||
June 19, 1998 or with respect to the offense listed in clause | ||
(iv) of this paragraph (2) committed on or after June 23, 2005 | ||
(the effective date of Public Act 94-71) or with
respect to | ||
offense listed in clause (vi)
committed on or after June 1, | ||
2008 (the effective date of Public Act 95-625)
or with respect | ||
to the offense of being an armed habitual criminal committed on | ||
or after August 2, 2005 (the effective date of Public Act | ||
94-398) or with respect to the offenses listed in clause (v) of | ||
this paragraph (2) committed on or after August 13, 2007 (the | ||
effective date of Public Act 95-134) or with respect to the | ||
offense of aggravated domestic battery committed on or after | ||
July 23, 2010 (the effective date of Public Act 96-1224) or | ||
with respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 (the effective date of | ||
Public Act 97-990), the following:
| ||
(i) that a prisoner who is serving a term of | ||
imprisonment for first
degree murder or for the offense of | ||
terrorism shall receive no sentence
credit and shall serve | ||
the entire
sentence imposed by the court;
| ||
(ii) that a prisoner serving a sentence for attempt to |
commit terrorism, attempt to commit first
degree murder, | ||
solicitation of murder, solicitation of murder for hire,
| ||
intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a
child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated
| ||
kidnapping, aggravated battery with a firearm as described | ||
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05, heinous battery as described in | ||
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||
being an armed habitual criminal, aggravated
battery of a | ||
senior citizen as described in Section 12-4.6 or | ||
subdivision (a)(4) of Section 12-3.05, or aggravated | ||
battery of a child as described in Section 12-4.3 or | ||
subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence
of imprisonment;
| ||
(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular hijacking,
| ||
aggravated discharge of a firearm, or armed violence with a | ||
category I weapon
or category II weapon, when the court
has | ||
made and entered a finding, pursuant to subsection (c-1) of | ||
Section 5-4-1
of this Code, that the conduct leading to | ||
conviction for the enumerated offense
resulted in great | ||
bodily harm to a victim, shall receive no more than 4.5 | ||
days
of sentence credit for each month of his or her | ||
sentence of imprisonment;
|
(iv) that a prisoner serving a sentence for aggravated | ||
discharge of a firearm, whether or not the conduct leading | ||
to conviction for the offense resulted in great bodily harm | ||
to the victim, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment;
| ||
(v) that a person serving a sentence for gunrunning, | ||
narcotics racketeering, controlled substance trafficking, | ||
methamphetamine trafficking, drug-induced homicide, | ||
aggravated methamphetamine-related child endangerment, | ||
money laundering pursuant to clause (c) (4) or (5) of | ||
Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a Class X felony conviction for delivery | ||
of a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, aggravated | ||
participation in methamphetamine manufacturing, delivery | ||
of methamphetamine, possession with intent to deliver | ||
methamphetamine, aggravated delivery of methamphetamine, | ||
aggravated possession with intent to deliver | ||
methamphetamine, methamphetamine conspiracy when the | ||
substance containing the controlled substance or | ||
methamphetamine is 100 grams or more shall receive no more | ||
than 7.5 days sentence credit for each month of his or her |
sentence of imprisonment;
| ||
(vi)
that a prisoner serving a sentence for a second or | ||
subsequent offense of luring a minor shall receive no more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment; and
| ||
(vii) that a prisoner serving a sentence for aggravated | ||
domestic battery shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment. | ||
(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
subdivision (a)(2)(v) committed on or after August 13, 2007 | ||
(the effective date of Public Act 95-134)
or subdivision | ||
(a)(2)(vi) committed on or after June 1, 2008 (the effective | ||
date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||
on or after July 23, 2010 (the effective date of Public Act | ||
96-1224), and other than the offense of aggravated driving | ||
under the influence of alcohol, other drug or drugs, or
| ||
intoxicating compound or compounds, or any combination thereof | ||
as defined in
subparagraph (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||
than the offense of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230),
the | ||
rules and regulations shall
provide that a prisoner who is | ||
serving a term of
imprisonment shall receive one day of | ||
sentence credit for each day of
his or her sentence of | ||
imprisonment or recommitment under Section 3-3-9.
Each day of | ||
sentence credit shall reduce by one day the prisoner's period
| ||
of imprisonment or recommitment under Section 3-3-9.
| ||
(2.2) A prisoner serving a term of natural life | ||
imprisonment or a
prisoner who has been sentenced to death | ||
shall receive no sentence
credit.
| ||
(2.3) Except as provided in paragraph (4.7) of this | ||
subsection (a), the The rules and regulations on sentence | ||
credit shall provide that
a prisoner who is serving a sentence | ||
for aggravated driving under the influence of alcohol,
other | ||
drug or drugs, or intoxicating compound or compounds, or any | ||
combination
thereof as defined in subparagraph (F) of paragraph | ||
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||
Code, shall receive no more than 4.5
days of sentence credit | ||
for each month of his or her sentence of
imprisonment.
| ||
(2.4) Except as provided in paragraph (4.7) of this | ||
subsection (a), the The rules and regulations on sentence | ||
credit shall provide with
respect to the offenses of aggravated | ||
battery with a machine gun or a firearm
equipped with any | ||
device or attachment designed or used for silencing the
report |
of a firearm or aggravated discharge of a machine gun or a | ||
firearm
equipped with any device or attachment designed or used | ||
for silencing the
report of a firearm, committed on or after
| ||
July 15, 1999 (the effective date of Public Act 91-121),
that a | ||
prisoner serving a sentence for any of these offenses shall | ||
receive no
more than 4.5 days of sentence credit for each month | ||
of his or her sentence
of imprisonment.
| ||
(2.5) Except as provided in paragraph (4.7) of this | ||
subsection (a), the The rules and regulations on sentence | ||
credit shall provide that a
prisoner who is serving a sentence | ||
for aggravated arson committed on or after
July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more than
| ||
4.5 days of sentence credit for each month of his or her | ||
sentence of
imprisonment.
| ||
(2.6) Except as provided in paragraph (4.7) of this | ||
subsection (a), the The rules and regulations on sentence | ||
credit shall provide that a
prisoner who is serving a sentence | ||
for aggravated driving under the influence of alcohol,
other | ||
drug or drugs, or intoxicating compound or compounds or any | ||
combination
thereof as defined in subparagraph (C) of paragraph | ||
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||
Code committed on or after January 1, 2011 (the effective date | ||
of Public Act 96-1230) shall receive no more than 4.5
days of | ||
sentence credit for each month of his or her sentence of
| ||
imprisonment. | ||
(3) Except as provided in paragraph (4.7) of this |
subsection (a), the The rules and regulations shall also | ||
provide that
the Director may award up to 180 days of earned | ||
sentence
credit for good conduct in specific instances as the
| ||
Director deems proper. The good conduct may include, but is not | ||
limited to, compliance with the rules and regulations of the | ||
Department, service to the Department, service to a community, | ||
or service to the State.
| ||
Eligible inmates for an award of earned sentence credit | ||
under
this paragraph (3) may be selected to receive the credit | ||
at
the Director's or his or her designee's sole discretion.
| ||
Eligibility for the additional earned sentence credit under | ||
this paragraph (3) shall be based on, but is not limited to, | ||
the results of any available risk/needs assessment or other | ||
relevant assessments or evaluations administered by the | ||
Department using a validated instrument, the circumstances of | ||
the crime, any history of conviction for a forcible felony | ||
enumerated in Section 2-8 of the Criminal Code of 2012, the | ||
inmate's behavior and disciplinary history while incarcerated, | ||
and the inmate's commitment to rehabilitation, including | ||
participation in programming offered by the Department. | ||
The Director shall not award sentence credit under this | ||
paragraph (3) to an inmate unless the inmate has served a | ||
minimum of 60 days of the sentence; except nothing in this | ||
paragraph shall be construed to permit the Director to extend | ||
an inmate's sentence beyond that which was imposed by the | ||
court. Prior to awarding credit under this paragraph (3), the |
Director shall make a written determination that the inmate: | ||
(A) is eligible for the earned sentence credit; | ||
(B) has served a minimum of 60 days, or as close to 60 | ||
days as the sentence will allow; | ||
(B-1) has received a risk/needs assessment or other | ||
relevant evaluation or assessment administered by the | ||
Department using a validated instrument; and | ||
(C) has met the eligibility criteria established under | ||
paragraph (4) of this subsection (a) and by rule for earned | ||
sentence credit. | ||
The Director shall determine the form and content of the | ||
written determination required in this subsection. | ||
(3.5) The Department shall provide annual written reports | ||
to the Governor and the General Assembly on the award of earned | ||
sentence credit no later than February 1 of each year. The | ||
Department must publish both reports on its website within 48 | ||
hours of transmitting the reports to the Governor and the | ||
General Assembly. The reports must include: | ||
(A) the number of inmates awarded earned sentence | ||
credit; | ||
(B) the average amount of earned sentence credit | ||
awarded; | ||
(C) the holding offenses of inmates awarded earned | ||
sentence credit; and | ||
(D) the number of earned sentence credit revocations. | ||
(4) Except as provided in paragraph (4.7) of this |
subsection (a), the The rules and regulations shall also | ||
provide that the sentence
credit accumulated and retained under | ||
paragraph (2.1) of subsection (a) of
this Section by any inmate | ||
during specific periods of time in which such
inmate is engaged | ||
full-time in substance abuse programs, correctional
industry | ||
assignments, educational programs, behavior modification | ||
programs, life skills courses, or re-entry planning provided by | ||
the Department
under this paragraph (4) and satisfactorily | ||
completes the assigned program as
determined by the standards | ||
of the Department, shall be multiplied by a factor
of 1.25 for | ||
program participation before August 11, 1993
and 1.50 for | ||
program participation on or after that date.
The rules and | ||
regulations shall also provide that sentence credit, subject to | ||
the same offense limits and multiplier provided in this | ||
paragraph, may be provided to an inmate who was held in | ||
pre-trial detention prior to his or her current commitment to | ||
the Department of Corrections and successfully completed a | ||
full-time, 60-day or longer substance abuse program, | ||
educational program, behavior modification program, life | ||
skills course, or re-entry planning provided by the county | ||
department of corrections or county jail. Calculation of this | ||
county program credit shall be done at sentencing as provided | ||
in Section 5-4.5-100 of this Code and shall be included in the | ||
sentencing order. However, no inmate shall be eligible for the | ||
additional sentence credit
under this paragraph (4) or (4.1) of | ||
this subsection (a) while assigned to a boot camp
or electronic |
detention , or if convicted of an offense enumerated in
| ||
subdivision (a)(2)(i), (ii), or (iii) of this Section that is | ||
committed on or after June 19,
1998 or subdivision (a)(2)(iv) | ||
of this Section that is committed on or after June 23, 2005 | ||
(the effective date of Public Act 94-71) or subdivision | ||
(a)(2)(v) of this Section that is committed on or after August | ||
13, 2007 (the effective date of Public Act 95-134)
or | ||
subdivision (a)(2)(vi) when the offense is committed on or | ||
after June 1, 2008 (the effective date of Public Act 95-625) or | ||
subdivision (a)(2)(vii) when the offense is committed on or | ||
after July 23, 2010 (the effective date of Public Act 96-1224), | ||
or if convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds or any combination thereof as defined in
subparagraph | ||
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code, or if convicted of aggravated driving | ||
under the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds or any combination
thereof | ||
as defined in subparagraph (C) of paragraph (1) of subsection | ||
(d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||
or after January 1, 2011 (the effective date of Public Act | ||
96-1230), or if convicted of an offense enumerated in paragraph
| ||
(a)(2.4) of this Section that is committed on or after
July 15, | ||
1999 (the effective date of Public Act 91-121),
or first degree | ||
murder, a Class X felony, criminal sexual
assault, felony | ||
criminal sexual abuse, aggravated criminal sexual abuse,
|
aggravated battery with a firearm as described in Section | ||
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||
Section 12-3.05, or any predecessor or successor offenses
with | ||
the same or substantially the same elements, or any inchoate | ||
offenses
relating to the foregoing offenses .
| ||
Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry planning, | ||
and correctional
industry programs under which sentence credit | ||
may be increased under
this paragraph (4) and paragraph (4.1) | ||
of this subsection (a) shall be evaluated by the Department on | ||
the basis of
documented standards. The Department shall report | ||
the results of these
evaluations to the Governor and the | ||
General Assembly by September 30th of each
year. The reports | ||
shall include data relating to the recidivism rate among
| ||
program participants.
| ||
Availability of these programs shall be subject to the
| ||
limits of fiscal resources appropriated by the General Assembly | ||
for these
purposes. Eligible inmates who are denied immediate | ||
admission shall be
placed on a waiting list under criteria | ||
established by the Department.
The inability of any inmate to | ||
become engaged in any such programs
by reason of insufficient | ||
program resources or for any other reason
established under the | ||
rules and regulations of the Department shall not be
deemed a | ||
cause of action under which the Department or any employee or
| ||
agent of the Department shall be liable for damages to the | ||
inmate.
|
(4.1) Except as provided in paragraph (4.7) of this | ||
subsection (a), the The rules and regulations shall also | ||
provide that an additional 90 days of sentence credit shall be | ||
awarded to any prisoner who passes high school equivalency | ||
testing while the prisoner is committed to the Department of | ||
Corrections. The sentence credit awarded under this paragraph | ||
(4.1) shall be in addition to, and shall not affect, the award | ||
of sentence credit under any other paragraph of this Section, | ||
but shall also be pursuant to the guidelines and restrictions | ||
set forth in paragraph (4) of subsection (a) of this Section.
| ||
The sentence credit provided for in this paragraph shall be | ||
available only to those prisoners who have not previously | ||
earned a high school diploma or a high school equivalency | ||
certificate. If, after an award of the high school equivalency | ||
testing sentence credit has been made, the Department | ||
determines that the prisoner was not eligible, then the award | ||
shall be revoked.
The Department may also award 90 days of | ||
sentence credit to any committed person who passed high school | ||
equivalency testing while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. | ||
(4.5) The rules and regulations on sentence credit shall | ||
also provide that
when the court's sentencing order recommends | ||
a prisoner for substance abuse treatment and the
crime was | ||
committed on or after September 1, 2003 (the effective date of
| ||
Public Act 93-354), the prisoner shall receive no sentence |
credit awarded under clause (3) of this subsection (a) unless | ||
he or she participates in and
completes a substance abuse | ||
treatment program. The Director may waive the requirement to | ||
participate in or complete a substance abuse treatment program | ||
in specific instances if the prisoner is not a good candidate | ||
for a substance abuse treatment program for medical, | ||
programming, or operational reasons. Availability of
substance | ||
abuse treatment shall be subject to the limits of fiscal | ||
resources
appropriated by the General Assembly for these | ||
purposes. If treatment is not
available and the requirement to | ||
participate and complete the treatment has not been waived by | ||
the Director, the prisoner shall be placed on a waiting list | ||
under criteria
established by the Department. The Director may | ||
allow a prisoner placed on
a waiting list to participate in and | ||
complete a substance abuse education class or attend substance
| ||
abuse self-help meetings in lieu of a substance abuse treatment | ||
program. A prisoner on a waiting list who is not placed in a | ||
substance abuse program prior to release may be eligible for a | ||
waiver and receive sentence credit under clause (3) of this | ||
subsection (a) at the discretion of the Director.
| ||
(4.6) The rules and regulations on sentence credit shall | ||
also provide that a prisoner who has been convicted of a sex | ||
offense as defined in Section 2 of the Sex Offender | ||
Registration Act shall receive no sentence credit unless he or | ||
she either has successfully completed or is participating in | ||
sex offender treatment as defined by the Sex Offender |
Management Board. However, prisoners who are waiting to receive | ||
treatment, but who are unable to do so due solely to the lack | ||
of resources on the part of the Department, may, at the | ||
Director's sole discretion, be awarded sentence credit at a | ||
rate as the Director shall determine. | ||
(4.7) On or after the effective date of this amendatory Act | ||
of the 100th General Assembly, sentence credit under paragraph | ||
(3), (4), or (4.1) of this subsection (a) may be awarded to a | ||
prisoner who is serving a sentence for an offense described in | ||
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||
on or after the effective date of this amendatory Act of the | ||
100th General Assembly; provided, the award of the credits | ||
under this paragraph (4.7) shall not reduce the sentence of the | ||
prisoner to less than the following amounts: | ||
(i) 85% of his or her sentence if the prisoner is | ||
required to serve 85% of his or her sentence; or | ||
(ii) 60% of his or her sentence if the prisoner is | ||
required to serve 75% of his or her sentence, except if the | ||
prisoner is serving a sentence for gunrunning his or her | ||
sentence shall not be reduced to less than 75%. | ||
This paragraph (4.7) shall not apply to a prisoner serving | ||
a sentence for an offense described in subparagraph (i) of | ||
paragraph (2) of this subsection (a). | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of earned | ||
sentence credit under paragraph (3) of subsection (a) of this |
Section given at any time during the term, the Department shall | ||
give
reasonable notice of the impending release not less than | ||
14 days prior to the date of the release to the State's
| ||
Attorney of the county where the prosecution of the inmate took | ||
place, and if applicable, the State's Attorney of the county | ||
into which the inmate will be released. The Department must | ||
also make identification information and a recent photo of the | ||
inmate being released accessible on the Internet by means of a | ||
hyperlink labeled "Community Notification of Inmate Early | ||
Release" on the Department's World Wide Web homepage.
The | ||
identification information shall include the inmate's: name, | ||
any known alias, date of birth, physical characteristics, | ||
commitment offense and county where conviction was imposed. The | ||
identification information shall be placed on the website | ||
within 3 days of the inmate's release and the information may | ||
not be removed until either: completion of the first year of | ||
mandatory supervised release or return of the inmate to custody | ||
of the Department.
| ||
(b) Whenever a person is or has been committed under
| ||
several convictions, with separate sentences, the sentences
| ||
shall be construed under Section 5-8-4 in granting and
| ||
forfeiting of sentence credit.
| ||
(c) The Department shall prescribe rules and regulations
| ||
for revoking sentence credit, including revoking sentence | ||
credit awarded under paragraph (3) of subsection (a) of this | ||
Section. The Department shall prescribe rules and regulations |
for suspending or reducing
the rate of accumulation of sentence | ||
credit for specific
rule violations, during imprisonment. | ||
These rules and regulations
shall provide that no inmate may be | ||
penalized more than one
year of sentence credit for any one | ||
infraction.
| ||
When the Department seeks to revoke, suspend or reduce
the | ||
rate of accumulation of any sentence credits for
an alleged | ||
infraction of its rules, it shall bring charges
therefor | ||
against the prisoner sought to be so deprived of
sentence | ||
credits before the Prisoner Review Board as
provided in | ||
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||
amount of credit at issue exceeds 30 days or
when during any 12 | ||
month period, the cumulative amount of
credit revoked exceeds | ||
30 days except where the infraction is committed
or discovered | ||
within 60 days of scheduled release. In those cases,
the | ||
Department of Corrections may revoke up to 30 days of sentence | ||
credit.
The Board may subsequently approve the revocation of | ||
additional sentence credit, if the Department seeks to revoke | ||
sentence credit in
excess of 30 days. However, the Board shall | ||
not be empowered to review the
Department's decision with | ||
respect to the loss of 30 days of sentence
credit within any | ||
calendar year for any prisoner or to increase any penalty
| ||
beyond the length requested by the Department.
| ||
The Director of the Department of Corrections, in | ||
appropriate cases, may
restore up to 30 days of sentence | ||
credits which have been revoked, suspended
or reduced. Any |
restoration of sentence credits in excess of 30 days shall
be | ||
subject to review by the Prisoner Review Board. However, the | ||
Board may not
restore sentence credit in excess of the amount | ||
requested by the Director.
| ||
Nothing contained in this Section shall prohibit the | ||
Prisoner Review Board
from ordering, pursuant to Section | ||
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||
sentence imposed by the court that was not served due to the
| ||
accumulation of sentence credit.
| ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court
against the State, the Department of Corrections, | ||
or the Prisoner Review Board,
or against any of
their officers | ||
or employees, and the court makes a specific finding that a
| ||
pleading, motion, or other paper filed by the prisoner is | ||
frivolous, the
Department of Corrections shall conduct a | ||
hearing to revoke up to
180 days of sentence credit by bringing | ||
charges against the prisoner
sought to be deprived of the | ||
sentence credits before the Prisoner Review
Board as provided | ||
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||
prisoner has not accumulated 180 days of sentence credit at the
| ||
time of the finding, then the Prisoner Review Board may revoke | ||
all
sentence credit accumulated by the prisoner.
| ||
For purposes of this subsection (d):
| ||
(1) "Frivolous" means that a pleading, motion, or other | ||
filing which
purports to be a legal document filed by a | ||
prisoner in his or her lawsuit meets
any or all of the |
following criteria:
| ||
(A) it lacks an arguable basis either in law or in | ||
fact;
| ||
(B) it is being presented for any improper purpose, | ||
such as to harass or
to cause unnecessary delay or | ||
needless increase in the cost of litigation;
| ||
(C) the claims, defenses, and other legal | ||
contentions therein are not
warranted by existing law | ||
or by a nonfrivolous argument for the extension,
| ||
modification, or reversal of existing law or the | ||
establishment of new law;
| ||
(D) the allegations and other factual contentions | ||
do not have
evidentiary
support or, if specifically so | ||
identified, are not likely to have evidentiary
support | ||
after a reasonable opportunity for further | ||
investigation or discovery;
or
| ||
(E) the denials of factual contentions are not | ||
warranted on the
evidence, or if specifically so | ||
identified, are not reasonably based on a lack
of | ||
information or belief.
| ||
(2) "Lawsuit" means a motion pursuant to Section
116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under
Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254),
a petition for claim | ||
under the Court of Claims Act, an action under the
federal | ||
Civil Rights Act (42 U.S.C. 1983), or a second or |
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure.
| ||
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404.
| ||
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, earlier than it
otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code. | ||
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||
eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)
| ||
(730 ILCS 5/5-4.5-95) | ||
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||
(a) HABITUAL CRIMINALS. | ||
(1) Every person who has been twice convicted in any | ||
state or federal court of an offense that contains the same | ||
elements as an offense now (the date of the offense | ||
committed after the 2 prior convictions) classified in | ||
Illinois as a Class X felony, criminal sexual assault, |
aggravated kidnapping, or first degree murder, and who is | ||
thereafter convicted of a Class X felony, criminal sexual | ||
assault, or first degree murder, committed after the 2 | ||
prior convictions, shall be adjudged an habitual criminal. | ||
(2) The 2 prior convictions need not have been for the | ||
same offense. | ||
(3) Any convictions that result from or are connected | ||
with the same transaction, or result from offenses | ||
committed at the same time, shall be counted for the | ||
purposes of this Section as one conviction. | ||
(4) This Section does not apply unless each of the | ||
following requirements are satisfied: | ||
(A) The third offense was committed after July 3, | ||
1980. | ||
(B) The third offense was committed within 20 years | ||
of the date that judgment was entered on the first | ||
conviction; provided, however, that time spent in | ||
custody shall not be counted. | ||
(C) The third offense was committed after | ||
conviction on the second offense. | ||
(D) The second offense was committed after | ||
conviction on the first offense. | ||
(5) Anyone who, having attained the age of 18 at the | ||
time of the third offense, is adjudged an habitual criminal | ||
shall be sentenced to a term of natural life imprisonment. | ||
(6) A prior conviction shall not be alleged in the |
indictment, and no evidence or other disclosure of that | ||
conviction shall be presented to the court or the jury | ||
during the trial of an offense set forth in this Section | ||
unless otherwise permitted by the issues properly raised in | ||
that trial. After a plea or verdict or finding of guilty | ||
and before sentence is imposed, the prosecutor may file | ||
with the court a verified written statement signed by the | ||
State's Attorney concerning any former conviction of an | ||
offense set forth in this Section rendered against the | ||
defendant. The court shall then cause the defendant to be | ||
brought before it; shall inform the defendant of the | ||
allegations of the statement so filed, and of his or her | ||
right to a hearing before the court on the issue of that | ||
former conviction and of his or her right to counsel at | ||
that hearing; and unless the defendant admits such | ||
conviction, shall hear and determine the issue, and shall | ||
make a written finding thereon. If a sentence has | ||
previously been imposed, the court may vacate that sentence | ||
and impose a new sentence in accordance with this Section. | ||
(7) A duly authenticated copy of the record of any | ||
alleged former conviction of an offense set forth in this | ||
Section shall be prima facie evidence of that former | ||
conviction; and a duly authenticated copy of the record of | ||
the defendant's final release or discharge from probation | ||
granted, or from sentence and parole supervision (if any) | ||
imposed pursuant to that former conviction, shall be prima |
facie evidence of that release or discharge. | ||
(8) Any claim that a previous conviction offered by the | ||
prosecution is not a former conviction of an offense set | ||
forth in this Section because of the existence of any | ||
exceptions described in this Section, is waived unless duly | ||
raised at the hearing on that conviction, or unless the | ||
prosecution's proof shows the existence of the exceptions | ||
described in this Section. | ||
(9) If the person so convicted shows to the | ||
satisfaction of the court before whom that conviction was | ||
had that he or she was released from imprisonment, upon | ||
either of the sentences upon a pardon granted for the | ||
reason that he or she was innocent, that conviction and | ||
sentence shall not be considered under this Section.
| ||
(b) When a defendant, over the age of 21 years, is | ||
convicted of a Class 1 or Class 2 felony, except for an offense | ||
listed in subsection (c) of this Section, after having twice | ||
been convicted in any state or federal court of an offense that | ||
contains the same elements as an offense now (the date the | ||
Class 1 or Class 2 felony was committed) classified in Illinois | ||
as a Class 2 or greater Class felony , except for an offense | ||
listed in subsection (c) of this Section, and those charges are | ||
separately brought and tried and arise out of different series | ||
of acts, that defendant shall be sentenced as a Class X | ||
offender. This subsection does not apply unless: | ||
(1) the first felony was committed after February 1, |
1978 (the effective date of Public Act 80-1099); | ||
(2) the second felony was committed after conviction on | ||
the first; and | ||
(3) the third felony was committed after conviction on | ||
the second. | ||
(c) Subsection (b) of this Section does not apply to Class | ||
1 or Class 2 felony convictions for a violation of Section 16-1 | ||
of the Criminal Code of 2012. | ||
A person sentenced as a Class X offender under this | ||
subsection (b) is not eligible to apply for treatment as a | ||
condition of probation as provided by Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | ||
301/40-10).
| ||
(Source: P.A. 99-69, eff. 1-1-16 .) | ||
(730 ILCS 5/5-4.5-110 new) | ||
Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||
PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS. | ||
(a) DEFINITIONS. For the purposes of this Section: | ||
"Firearm" has the meaning ascribed to it in Section 1.1 | ||
of the Firearm Owners Identification Card Act. | ||
"Qualifying predicate offense" means the following | ||
offenses under the Criminal Code of 2012: | ||
(A) aggravated unlawful use of a weapon under | ||
Section 24-1.6 or similar offense under the Criminal | ||
Code of 1961, when the weapon is a firearm; |
(B) unlawful use or possession of a weapon by a | ||
felon under Section 24-1.1 or similar offense under the | ||
Criminal Code of 1961, when the
weapon is a firearm; | ||
(C) first degree murder under Section 9-1 or | ||
similar offense under the Criminal Code of 1961; | ||
(D) attempted first degree murder with a firearm or | ||
similar offense under the Criminal Code of 1961; | ||
(E) aggravated kidnapping with a firearm under | ||
paragraph (6) or (7) of subsection (a) of Section 10-2 | ||
or similar offense under the Criminal Code of 1961; | ||
(F) aggravated battery with a firearm under | ||
subsection (e) of Section 12-3.05 or similar offense | ||
under the Criminal Code of 1961; | ||
(G) aggravated criminal sexual assault under | ||
Section 11-1.30 or similar offense under the Criminal | ||
Code of 1961; | ||
(H) predatory criminal sexual assault of a child | ||
under Section 11-1.40 or similar offense under the | ||
Criminal Code of 1961; | ||
(I) armed robbery under Section 18-2 or similar | ||
offense under the Criminal Code of 1961; | ||
(J) vehicular hijacking under Section 18-3 or | ||
similar offense under the Criminal Code of 1961; | ||
(K) aggravated vehicular hijacking under Section | ||
18-4 or similar offense under the Criminal Code of | ||
1961; |
(L) home invasion with a firearm under paragraph | ||
(3), (4), or (5) of subsection (a) of Section 19-6 or | ||
similar offense under the Criminal Code of 1961; | ||
(M) aggravated discharge of a firearm under | ||
Section 24-1.2 or similar offense under the Criminal | ||
Code of 1961; | ||
(N) aggravated discharge of a machine gun or a | ||
firearm equipped with a device
designed or used for | ||
silencing the report of a firearm under Section | ||
24-1.2-5 or similar offense under the Criminal Code of | ||
1961; | ||
(0) unlawful use of firearm projectiles under | ||
Section 24-2.1 or similar offense under the Criminal | ||
Code of 1961; | ||
(P) manufacture, sale, or transfer of bullets or | ||
shells represented to be armor piercing
bullets, | ||
dragon's breath shotgun shells, bolo shells, or | ||
flechette shells under Section 24-2.2 or similar | ||
offense under the Criminal Code of 1961; | ||
(Q) unlawful sale or delivery of firearms under | ||
Section 24-3 or similar offense under the Criminal Code | ||
of 1961; | ||
(R) unlawful discharge of firearm projectiles | ||
under Section 24-3.2 or similar offense under the | ||
Criminal Code of 1961; | ||
(S) unlawful sale or delivery of firearms on school |
premises of any school under Section 24-3.3 or similar | ||
offense under the Criminal Code of 1961; | ||
(T) unlawful purchase of a firearm under Section | ||
24-3.5 or similar offense under the Criminal Code of | ||
1961; | ||
(U) use of a stolen firearm in the commission of an | ||
offense under Section 24-3.7 or similar offense under | ||
the Criminal Code of 1961; | ||
(V) possession of a stolen firearm under Section | ||
24-3.8 or similar offense under the Criminal Code of | ||
1961; | ||
(W) aggravated possession of a stolen firearm | ||
under Section 24-3.9 or similar offense under the | ||
Criminal Code of 1961; | ||
(X) gunrunning under Section 24-3A or similar | ||
offense under the Criminal Code of 1961; | ||
(Y) defacing identification marks of firearms | ||
under Section 24-5 or similar offense under the | ||
Criminal Code of 1961; and | ||
(Z) armed violence under Section 33A-2 or similar | ||
offense under the Criminal Code of 1961. | ||
(b) APPLICABILITY. For an offense committed on or after the | ||
effective date of this amendatory Act of the 100th General | ||
Assembly and before January 1, 2023, when a person is convicted | ||
of unlawful use or possession of a weapon by a felon, when the | ||
weapon is a firearm, or aggravated unlawful use of a weapon, |
when the weapon is a firearm, after being previously convicted | ||
of a qualifying predicate offense the person shall be subject | ||
to the sentencing guidelines under this Section. | ||
(c) SENTENCING GUIDELINES. | ||
(1) When a person is convicted of unlawful use or | ||
possession of a weapon by a felon, when the weapon is a | ||
firearm, and that person has been previously convicted of a | ||
qualifying predicate offense, the person shall be | ||
sentenced to a term of imprisonment within the sentencing | ||
range of not less than 7 years and not more than 14 years, | ||
unless the court finds that a departure from the sentencing | ||
guidelines under this paragraph is warranted under | ||
subsection (d) of this Section. | ||
(2) When a person is convicted of aggravated unlawful | ||
use of a weapon, when the weapon is a firearm, and that | ||
person has been previously convicted of a qualifying | ||
predicate offense, the person shall be sentenced to a term | ||
of imprisonment within the sentencing range of not less | ||
than 6 years and not more than 7 years, unless the court | ||
finds that a departure from the sentencing guidelines under | ||
this paragraph is warranted under subsection (d) of this | ||
Section. | ||
(3) The sentencing guidelines in paragraphs (1) and (2) | ||
of this subsection (c) apply only to offenses committed on | ||
and after the effective date of this amendatory Act of the | ||
100th General Assembly and before January 1, 2023. |
(d) DEPARTURE FROM SENTENCING GUIDELINES. | ||
(1) At the sentencing hearing conducted under Section | ||
5-4-1 of this Code, the court may depart from the
| ||
sentencing guidelines provided in subsection (c) of this | ||
Section and impose a sentence
otherwise authorized by law | ||
for the offense if the court, after considering any factor | ||
under paragraph (2) of this subsection (d) relevant to the | ||
nature and
circumstances of the crime and to the history | ||
and character of the defendant, finds on the record
| ||
substantial and compelling justification that the sentence | ||
within the sentencing guidelines would be unduly harsh and
| ||
that a sentence otherwise authorized by law would be | ||
consistent with public
safety and does not deprecate the | ||
seriousness of the offense. | ||
(2) In deciding whether to depart from the sentencing | ||
guidelines under this paragraph, the court shall
consider: | ||
(A) the age, immaturity, or limited mental | ||
capacity of the defendant at the time of
commission of | ||
the qualifying predicate or current offense, including | ||
whether the defendant
was suffering from a mental or | ||
physical condition insufficient to constitute a
| ||
defense but significantly reduced the defendant's | ||
culpability; | ||
(B) the nature and circumstances of the qualifying | ||
predicate offense; | ||
(C) the time elapsed since the qualifying |
predicate offense; | ||
(D) the nature and circumstances of the current | ||
offense; | ||
(E) the defendant's prior criminal history; | ||
(F) whether the defendant committed the qualifying | ||
predicate or current offense under
specific and | ||
credible duress, coercion, threat, or compulsion; | ||
(G) whether the defendant aided in the | ||
apprehension of another felon or testified
truthfully | ||
on behalf of another prosecution of a felony; and | ||
(H) whether departure is in the interest of the | ||
person's rehabilitation, including employment or | ||
educational or vocational training, after taking into | ||
account any past rehabilitation efforts or | ||
dispositions of probation or supervision, and the | ||
defendant's cooperation or response to rehabilitation. | ||
(3) When departing from the sentencing guidelines | ||
under this Section, the court shall specify on the record, | ||
the particular evidence, information, factor or factors, | ||
or other reasons which led to the departure from the | ||
sentencing guidelines. When departing from the sentencing | ||
range in accordance with this subsection (d), the court | ||
shall indicate on the sentencing order which departure | ||
factor or factors outlined in paragraph (2) of this | ||
subsection (d) led to the sentence imposed. The sentencing | ||
order shall be filed with the clerk of the court and shall |
be a public record. | ||
(e) This Section is repealed on January 1, 2023. | ||
(730 ILCS 5/5-6-3.3) | ||
Sec. 5-6-3.3. Offender Initiative Program. | ||
(a) Statement of purpose. The General Assembly seeks to
| ||
continue other successful programs that promote public safety,
| ||
conserve valuable resources, and reduce recidivism by
| ||
defendants who can lead productive lives by creating the
| ||
Offender Initiative Program. | ||
(a-1) Whenever any person who has not previously been
| ||
convicted of , or placed on probation or conditional discharge
| ||
for, any felony offense under the laws of this State, the laws
| ||
of any other state, or the laws of the United States, is
| ||
arrested for and charged with a probationable felony offense of | ||
theft, retail theft, forgery, possession of a stolen motor
| ||
vehicle, burglary, possession of burglary tools, deceptive | ||
practices, disorderly conduct, criminal damage or trespass to | ||
property under Article 21 of the Criminal Code of 2012, | ||
criminal trespass to a residence, obstructing justice, or an | ||
offense involving fraudulent identification, or possession of
| ||
cannabis, possession of a controlled substance, or possession
| ||
of methamphetamine, the court, with the consent of the
| ||
defendant and the State's Attorney, may continue this matter to
| ||
allow a defendant to participate and complete the Offender
| ||
Initiative Program. |
(a-2) Exemptions. A defendant shall not be eligible for | ||
this Program if the offense he or she has been arrested for and | ||
charged with is a violent offense. For purposes of this
| ||
Program, a "violent offense" is any offense where bodily harm
| ||
was inflicted or where force was used against any person or
| ||
threatened against any person, any offense involving sexual
| ||
conduct, sexual penetration, or sexual exploitation, any
| ||
offense of domestic violence, domestic battery, violation of an
| ||
order of protection, stalking, hate crime, driving under the
| ||
influence of drugs or alcohol, and any offense involving the
| ||
possession of a firearm or dangerous weapon. A defendant shall
| ||
not be eligible for this Program if he or she has previously
| ||
been adjudicated a delinquent minor for the commission of a
| ||
violent offense as defined in this subsection. | ||
(b) When a defendant is placed in the Program, after both | ||
the defendant and State's Attorney waive preliminary hearing | ||
pursuant to Section 109-3 of the Code of Criminal Procedure of | ||
1963, the court
shall enter an order specifying that
the | ||
proceedings shall be suspended while the defendant is | ||
participating in a Program of not less 12 months. | ||
(c) The conditions of the Program shall be that the
| ||
defendant: | ||
(1) not violate any criminal statute of this State or
| ||
any other jurisdiction; | ||
(2) refrain from possessing a firearm or other
| ||
dangerous weapon; |
(3) make full restitution to the victim or property
| ||
owner pursuant to Section 5-5-6 of this Code; | ||
(4) obtain employment or perform not less than 30 hours
| ||
of community service, provided community service is
| ||
available in the county and is funded and approved by the
| ||
county board; and | ||
(5) attend educational courses designed to prepare the
| ||
defendant for obtaining a high school diploma or to work
| ||
toward passing high school equivalency testing or to work | ||
toward
completing a vocational training program. | ||
(d) The court may, in addition to other conditions, require
| ||
that the defendant: | ||
(1) undergo medical or psychiatric treatment, or
| ||
treatment or rehabilitation approved by the Illinois
| ||
Department of Human Services; | ||
(2) refrain from having in his or her body the presence
| ||
of any illicit drug prohibited by the Methamphetamine
| ||
Control and Community Protection Act, the Cannabis Control
| ||
Act or the Illinois Controlled Substances Act, unless
| ||
prescribed by a physician, and submit samples of his or her
| ||
blood or urine or both for tests to determine the presence
| ||
of any illicit drug; | ||
(3) submit to periodic drug testing at a time, manner, | ||
and frequency as ordered by the court; | ||
(4) pay fines, fees and costs; and | ||
(5) in addition, if a minor: |
(i) reside with his or her parents or in a foster
| ||
home; | ||
(ii) attend school; | ||
(iii) attend a non-residential program for youth;
| ||
or | ||
(iv) contribute to his or her own support at home
| ||
or in a foster home. | ||
(e) When the State's Attorney makes a factually specific | ||
offer of proof that the defendant has failed to successfully | ||
complete the Program or has violated any of the conditions of | ||
the Program, the court shall enter an order that the defendant | ||
has not successfully completed the Program and continue the | ||
case for arraignment pursuant to Section 113-1 of the Code of | ||
Criminal Procedure of 1963 for further proceedings as if the | ||
defendant had not participated in the Program. | ||
(f) Upon fulfillment of the terms and conditions of the
| ||
Program, the State's Attorney shall dismiss the case or the | ||
court shall discharge the person and dismiss the
proceedings | ||
against the person. | ||
(g) A person may only have There may be only one discharge | ||
and dismissal under
this Section within a 4-year period with | ||
respect to any person .
| ||
(h) Notwithstanding subsection (a-1), if the court finds | ||
that the defendant suffers from a substance abuse problem, then | ||
before the person participates in the Program under this | ||
Section, the court may refer the person to the drug court |
established in that judicial circuit pursuant to Section 15 of | ||
the Drug Court Treatment Act. The drug court team shall | ||
evaluate the person's likelihood of successfully fulfilling | ||
the terms and conditions of the Program under this Section and | ||
shall report the results of its evaluation to the court. If the | ||
drug court team finds that the person suffers from a substance | ||
abuse problem that makes him or her substantially unlikely to | ||
successfully fulfill the terms and conditions of the Program, | ||
then the drug court shall set forth its findings in the form of | ||
a written order, and the person shall be ineligible to | ||
participate in the Program under this Section, but shall may be | ||
considered for the drug court program. | ||
(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.) | ||
(730 ILCS 5/5-6-3.4) | ||
Sec. 5-6-3.4. Second Chance Probation. | ||
(a) Whenever any person who has not previously been | ||
convicted of , or placed on probation or conditional discharge | ||
for, any felony offense under the laws of this State, the laws | ||
of any other state, or the laws of the United States, including | ||
probation under Section 410 of the Illinois Controlled | ||
Substances Act, Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section 10 of the Cannabis Control | ||
Act, subsection (c) of Section 11-14 of the Criminal Code of | ||
2012, Treatment Alternatives for Criminal Justice Clients | ||
(TASC) under Article 40 of the Alcoholism and Other Drug Abuse |
and Dependency Act, or prior successful completion of the | ||
Offender Initiative Program under Section 5-6-3.3 of this Code, | ||
and pleads guilty to, or is found guilty of, a probationable | ||
felony offense of possession of less than 15 grams of a | ||
controlled substance that is punishable as a Class 4 felony ; | ||
possession of
less than 15 grams of methamphetamine that is | ||
punishable as a Class 4 felony ; or a probationable felony | ||
offense of possession of cannabis, theft, retail theft, | ||
forgery, deceptive practices, possession of a stolen motor | ||
vehicle, burglary, possession of burglary tools, disorderly | ||
conduct, criminal damage or trespass to property under Article | ||
21 of the Criminal Code of 2012, criminal trespass to a | ||
residence, an offense involving fraudulent identification, or | ||
obstructing justice; theft that is punishable as a Class 3 | ||
felony based on the value of the property or punishable as a | ||
Class 4 felony if the theft was committed in a school or place | ||
of worship or if the theft was of governmental property; retail
| ||
theft that is punishable as a Class 3 felony based on the value | ||
of the property; criminal damage to property that is punishable | ||
as a Class 4 felony; criminal damage to
government supported | ||
property that is punishable as a Class 4 felony; or possession | ||
of cannabis which is punishable as a Class 4 felony , the court, | ||
with the consent of the defendant and the State's Attorney, | ||
may, without entering a judgment, sentence the defendant to | ||
probation under this Section. | ||
(a-1) Exemptions. A defendant is not eligible for this |
probation if the offense he or she pleads guilty to, or is | ||
found guilty of, is a violent offense, or he or she has | ||
previously been convicted of a violent offense. For purposes of | ||
this probation, a "violent offense" is any offense where bodily | ||
harm was inflicted or where force was used against any person | ||
or threatened against any person, any offense involving sexual | ||
conduct, sexual penetration, or sexual exploitation, any | ||
offense of domestic violence, domestic battery, violation of an | ||
order of protection, stalking, hate crime, driving under the | ||
influence of drugs or alcohol, and any offense involving the | ||
possession of a firearm or dangerous weapon. A defendant shall | ||
not be eligible for this probation if he or she has previously | ||
been adjudicated a delinquent minor for the commission of a | ||
violent offense as defined in this subsection. | ||
(b) When a defendant is placed on probation, the court | ||
shall enter an order specifying a period of probation of not | ||
less than 24 months and shall defer further proceedings in the | ||
case until the conclusion of the period or until the filing of | ||
a petition alleging violation of a term or condition of | ||
probation. | ||
(c) The conditions of probation shall be that the | ||
defendant: | ||
(1) not violate any criminal statute of this State or | ||
any other jurisdiction; | ||
(2) refrain from possessing a firearm or other | ||
dangerous weapon; |
(3) make full restitution to the victim or property | ||
owner under Section 5-5-6 of this Code; | ||
(4) obtain or attempt to obtain employment; | ||
(5) pay fines and costs; | ||
(6) attend educational courses designed to prepare the | ||
defendant for obtaining a high school diploma or to work | ||
toward passing high school equivalency testing or to work | ||
toward completing a vocational training program; | ||
(7) submit to periodic drug testing at a time and in a | ||
manner as ordered by the court, but no less than 3 times | ||
during the period of probation, with the cost of the | ||
testing to be paid by the defendant; and | ||
(8) perform a minimum of 30 hours of community service. | ||
(d) The court may, in addition to other conditions, require | ||
that the defendant: | ||
(1) make a report to and appear in person before or | ||
participate with the court or such courts, person, or | ||
social service agency as directed by the court in the order | ||
of probation; | ||
(2) undergo medical or psychiatric treatment, or | ||
treatment or rehabilitation approved by the Illinois | ||
Department of Human Services; | ||
(3) attend or reside in a facility established for the | ||
instruction or residence of defendants on probation; | ||
(4) support his or her dependents; or | ||
(5) refrain from having in his or her body the presence |
of any illicit drug prohibited by the Methamphetamine | ||
Control and Community Protection Act, the Cannabis Control | ||
Act, or the Illinois Controlled Substances Act, unless | ||
prescribed by a physician, and submit samples of his or her | ||
blood or urine or both for tests to determine the presence | ||
of any illicit drug. | ||
(e) Upon violation of a term or condition of probation, the | ||
court may enter a judgment on its original finding of guilt and | ||
proceed as otherwise provided by law. | ||
(f) Upon fulfillment of the terms and conditions of | ||
probation, the court shall discharge the person and dismiss the | ||
proceedings against the person. | ||
(g) A disposition of probation is considered to be a | ||
conviction for the purposes of imposing the conditions of | ||
probation and for appeal; however, a discharge and dismissal | ||
under this Section is not a conviction for purposes of this | ||
Code or for purposes of disqualifications or disabilities | ||
imposed by law upon conviction of a crime. | ||
(h) A person may only have There may be only one discharge | ||
and dismissal under this Section within a 4-year period , | ||
Section 410 of the Illinois Controlled Substances Act, Section | ||
70 of the Methamphetamine Control and Community Protection Act, | ||
Section 10 of the Cannabis Control Act, Treatment Alternatives | ||
for Criminal Justice Clients (TASC) under Article 40 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act, the | ||
Offender Initiative Program under Section 5-6-3.3 of this Code, |
and subsection (c) of Section 11-14 of the Criminal Code of | ||
2012 with respect to any person . | ||
(i) If a person is convicted of any offense which occurred | ||
within 5 years subsequent to a discharge and dismissal under | ||
this Section, the discharge and dismissal under this Section | ||
shall be admissible in the sentencing proceeding for that | ||
conviction as evidence in aggravation.
| ||
(j) Notwithstanding subsection (a), if the court finds that | ||
the defendant suffers from a substance abuse problem, then | ||
before the person is placed on probation under this Section, | ||
the court may refer the person to the drug court established in | ||
that judicial circuit pursuant to Section 15 of the Drug Court | ||
Treatment Act. The drug court team shall evaluate the person's | ||
likelihood of successfully fulfilling the terms and conditions | ||
of probation under this Section and shall report the results of | ||
its evaluation to the court. If the drug court team finds that | ||
the person suffers from a substance abuse problem that makes | ||
him or her substantially unlikely to successfully fulfill the | ||
terms and conditions of probation under this Section, then the | ||
drug court shall set forth its findings in the form of a | ||
written order, and the person shall be ineligible to be placed | ||
on probation under this Section, but shall may be considered | ||
for the drug court program. | ||
(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, | ||
eff. 9-9-15.) |
(730 ILCS 5/5-6-3.6 new) | ||
Sec. 5-6-3.6. First Time Weapon Offender Program. | ||
(a) The General Assembly has sought to promote public | ||
safety, reduce recidivism, and conserve valuable resources of | ||
the criminal justice system through the creation of diversion | ||
programs for non-violent offenders. This amendatory Act of the | ||
100th General Assembly establishes a pilot program for | ||
first-time, non-violent offenders charged with certain weapons | ||
offenses. The General Assembly recognizes some persons, | ||
particularly young adults in areas of high crime or poverty, | ||
may have experienced trauma that contributes to poor decision | ||
making skills, and the creation of a diversionary program poses | ||
a greater benefit to the community and the person than | ||
incarceration. Under this program, a court, with the consent of | ||
the defendant and the State's Attorney, may sentence a | ||
defendant charged with an unlawful use of weapons offense under | ||
Section 24-1 of the Criminal Code of 2012 or aggravated | ||
unlawful use of a weapon offense under Section 24-1.6 of the | ||
Criminal Code of 2012, if punishable as a Class 4 felony or | ||
lower, to a First Time Weapon Offender Program. | ||
(b) A defendant is not eligible for this Program if: | ||
(1) the offense was committed during the commission of | ||
a violent offense as defined in subsection (h) of this | ||
Section; | ||
(2) he or she has previously been convicted or placed | ||
on probation or conditional discharge for any violent |
offense under the laws of this State, the laws of any other | ||
state, or the laws of the United States; | ||
(3) he or she had a prior successful completion of the | ||
First Time Weapon Offender Program under this Section; | ||
(4) he or she has previously been adjudicated a | ||
delinquent minor for the commission of a violent offense; | ||
(5) he or she is 21 years of age or older; or | ||
(6) he or she has an existing order of protection | ||
issued against him or her. | ||
(b-5) In considering whether a defendant shall be sentenced | ||
to the First Time Weapon Offender Program, the court shall | ||
consider the following: | ||
(1) the age, immaturity, or limited mental capacity of | ||
the defendant; | ||
(2) the nature and circumstances of the offense; | ||
(3) whether participation in the Program is in the | ||
interest of the defendant's rehabilitation, including any | ||
employment or involvement in community, educational, | ||
training, or vocational programs; | ||
(4) whether the defendant suffers from trauma, as | ||
supported by documentation or evaluation by a licensed | ||
professional; and | ||
(5) the potential risk to public safety. | ||
(c) For an offense committed on or after the effective date | ||
of this amendatory Act of the 100th General Assembly and before | ||
January 1, 2023, whenever an eligible person pleads guilty to |
an unlawful use of weapons offense under Section 24-1 of the | ||
Criminal Code of 2012 or aggravated unlawful use of a weapon | ||
offense under Section 24-1.6 of the Criminal Code of 2012, | ||
which is punishable as a Class 4 felony or lower, the court, | ||
with the consent of the defendant and the State's Attorney, | ||
may, without entering a judgment, sentence the defendant to | ||
complete the First Time Weapon Offender Program. When a | ||
defendant is placed in the Program, the court shall defer | ||
further proceedings in the case until the conclusion of the | ||
period or until the filing of a petition alleging violation of | ||
a term or condition of the Program. Upon violation of a term or | ||
condition of the Program, the court may enter a judgment on its | ||
original finding of guilt and proceed as otherwise provided by | ||
law. Upon fulfillment of the terms and conditions of the | ||
Program, the court shall discharge the person and dismiss the | ||
proceedings against the person. | ||
(d) The Program shall be at least 18 months and not to | ||
exceed 24 months, as determined by the court at the | ||
recommendation of the program administrator and the State's | ||
Attorney. | ||
(e) The conditions of the Program shall be that the | ||
defendant: | ||
(1) not violate any criminal statute of this State or | ||
any other jurisdiction; | ||
(2) refrain from possessing a firearm or other | ||
dangerous weapon; |
(3) obtain or attempt to obtain employment; | ||
(4) attend educational courses designed to prepare the | ||
defendant for obtaining a high school diploma or to work | ||
toward passing high school equivalency testing or to work | ||
toward completing a vocational training program; | ||
(5) refrain from having in his or her body the presence | ||
of any illicit drug prohibited by the Methamphetamine | ||
Control and Community Protection Act, the Cannabis Control | ||
Act, or the Illinois Controlled Substances Act, unless | ||
prescribed by a physician, and submit samples of his or her | ||
blood or urine or both for tests to determine the presence | ||
of any illicit drug; | ||
(6) perform a minimum of 50 hours of community service; | ||
(7) attend and participate in any Program activities | ||
deemed required by the Program administrator, including | ||
but not limited to: counseling sessions, in-person and over | ||
the phone check-ins, and educational classes; and | ||
(8) pay all fines, assessments, fees, and costs. | ||
(f) The Program may, in addition to other conditions, | ||
require that the defendant: | ||
(1) wear an ankle bracelet with GPS tracking; | ||
(2) undergo medical or psychiatric treatment, or | ||
treatment or rehabilitation approved by the Department of | ||
Human Services; and | ||
(3) attend or reside in a facility established for the | ||
instruction or residence of defendants on probation. |
(g) There may be only one discharge and dismissal under | ||
this Section. If a person is convicted of any offense which | ||
occurred within 5 years subsequent to a discharge and dismissal | ||
under this Section, the discharge and dismissal under this | ||
Section shall be admissible in the sentencing proceeding for | ||
that conviction as evidence in aggravation. | ||
(h) For purposes of this Section, "violent offense" means | ||
any offense in which bodily harm was inflicted or force was | ||
used against any person or threatened against any person; any | ||
offense involving the possession of a firearm or dangerous | ||
weapon; any offense involving sexual conduct, sexual | ||
penetration, or sexual exploitation; violation of an order of | ||
protection, stalking, hate crime, domestic battery, or any | ||
offense of domestic violence. | ||
(i) This Section is repealed on January 1, 2023. | ||
(730 ILCS 5/5-8-8) | ||
(Section scheduled to be repealed on December 31, 2020) | ||
Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | ||
(a) Creation. There is created under the jurisdiction of | ||
the Governor the Illinois Sentencing Policy Advisory Council, | ||
hereinafter referred to as the Council. | ||
(b) Purposes and goals. The purpose of the Council is to | ||
review sentencing policies and practices and examine how these | ||
policies and practices impact the criminal justice system as a | ||
whole in the State of Illinois.
In carrying out its duties, the |
Council shall be mindful of and aim to achieve the purposes of
| ||
sentencing in Illinois, which are set out in Section 1-1-2 of | ||
this Code: | ||
(1) prescribe sanctions proportionate to the | ||
seriousness of the offenses and permit the recognition of | ||
differences in rehabilitation possibilities among | ||
individual offenders; | ||
(2) forbid and prevent the commission of offenses; | ||
(3) prevent arbitrary or oppressive treatment of | ||
persons adjudicated offenders or delinquents; and | ||
(4) restore offenders to useful citizenship. | ||
(c) Council composition. | ||
(1) The Council shall consist of the following members: | ||
(A) the President of the Senate, or his or her | ||
designee; | ||
(B) the Minority Leader of the Senate, or his or | ||
her designee; | ||
(C) the Speaker of the House, or his or her | ||
designee; | ||
(D) the Minority Leader of the House, or his or her | ||
designee; | ||
(E) the Governor, or his or her designee; | ||
(F) the Attorney General, or his or her designee; | ||
(G) two retired judges, who may have been circuit, | ||
appellate, or supreme court judges; retired judges | ||
shall be selected by the members of the Council |
designated in clauses (c)(1)(A) through (L); | ||
(G-5) (blank); | ||
(H) the Cook County State's Attorney, or his or her | ||
designee; | ||
(I) the Cook County Public Defender, or his or her | ||
designee; | ||
(J) a State's Attorney not from Cook County, | ||
appointed by the State's Attorney's
Appellate | ||
Prosecutor; | ||
(K) the State Appellate Defender, or his or her | ||
designee; | ||
(L) the Director of the Administrative Office of | ||
the Illinois Courts, or his or her designee; | ||
(M) a victim of a violent felony or a | ||
representative of a crime victims' organization,
| ||
selected by the members of the Council designated in | ||
clauses (c)(1)(A) through (L); | ||
(N) a representative of a community-based | ||
organization, selected by the members of
the Council | ||
designated in clauses (c)(1)(A) through (L); | ||
(O) a criminal justice academic researcher, to be | ||
selected by the members of the
Council designated in | ||
clauses (c)(1)(A) through (L); | ||
(P) a representative of law enforcement from a unit | ||
of local government to be
selected by the members of | ||
the Council designated in clauses (c)(1)(A) through |
(L); | ||
(Q) a sheriff selected by the members of the | ||
Council designated in clauses (c)(1)(A) through (L); | ||
and | ||
(R) ex-officio members shall include: | ||
(i) the Director of Corrections, or his or her | ||
designee; | ||
(ii) the Chair of the Prisoner Review Board, or | ||
his or her designee; | ||
(iii) the Director of the Illinois State | ||
Police, or his or her designee; and | ||
(iv) the Director of the Illinois Criminal | ||
Justice Information Authority, or his
or her | ||
designee. | ||
(1.5) The Chair and Vice Chair shall be elected from | ||
among its members by a majority of the members of the | ||
Council. | ||
(2) Members of the Council who serve because of their | ||
public office or position, or those who are designated as | ||
members by such officials, shall serve only as long as they | ||
hold such office or position. | ||
(3) Council members shall serve without compensation | ||
but shall be reimbursed for travel and per diem expenses | ||
incurred in their work for the Council. | ||
(4) The Council may exercise any power, perform any | ||
function, take any action, or do anything in furtherance of |
its purposes and goals
upon the appointment of a quorum of | ||
its members. The term of office of each member of the | ||
Council ends on the date of repeal of this amendatory Act | ||
of the 96th General Assembly. | ||
(d) Duties. The Council shall perform, as resources permit, | ||
duties including: | ||
(1) Collect and analyze information including | ||
sentencing data, crime trends, and existing correctional | ||
resources to support legislative and executive action | ||
affecting the use of correctional resources on the State | ||
and local levels. | ||
(2) Prepare criminal justice population projections | ||
annually, including correctional and community-based | ||
supervision populations. | ||
(3) Analyze data relevant to proposed sentencing | ||
legislation and its effect on current policies or | ||
practices, and provide information to support | ||
evidence-based sentencing. | ||
(4) Ensure that adequate resources and facilities are | ||
available for carrying out sentences imposed on offenders | ||
and that rational priorities are established for the use of | ||
those resources. To do so, the Council shall prepare | ||
criminal justice resource statements, identifying the | ||
fiscal and practical effects of proposed criminal | ||
sentencing legislation, including, but not limited to, the | ||
correctional population, court processes, and county or |
local government resources. | ||
(4.5) Study and conduct a thorough analysis of | ||
sentencing under Section 5-4.5-110 of this Code. The | ||
Sentencing Policy Advisory Council shall provide annual | ||
reports to the Governor and General Assembly, including the | ||
total number of persons sentenced under Section 5-4.5-110 | ||
of this Code, the total number of departures from sentences | ||
under Section 5-4.5-110 of this Code, and an analysis of | ||
trends in sentencing and departures. On or before December | ||
31, 2022, the Sentencing Policy Advisory Council shall | ||
provide a report to the Governor and General Assembly on | ||
the effectiveness of sentencing under Section 5-4.5-110 of | ||
this Code, including recommendations on whether sentencing | ||
under Section 5-4.5-110 of this Code should be adjusted or | ||
continued. | ||
(5) Perform such other studies or tasks pertaining to | ||
sentencing policies as may be requested by the Governor or | ||
the Illinois General Assembly. | ||
(6) Perform such other functions as may be required by | ||
law or as are necessary to carry out the purposes and goals | ||
of the Council prescribed in subsection (b). | ||
(7) Publish a report on the trends in sentencing for | ||
offenders described in subsection (b-1) of Section 5-4-1 of | ||
this Code, the impact of the trends on the prison and | ||
probation populations, and any changes in the racial | ||
composition of the prison and probation populations that |
can be attributed to the changes made by adding subsection | ||
(b-1) of Section 5-4-1 to this Code by Public Act 99-861 | ||
this amendatory Act of the 99th General Assembly . | ||
(e) Authority. | ||
(1) The Council shall have the power to perform the | ||
functions necessary to carry out its duties, purposes and | ||
goals under this Act. In so doing, the Council shall | ||
utilize information and analysis developed by the Illinois | ||
Criminal Justice Information Authority, the Administrative | ||
Office of the Illinois Courts, and the Illinois Department | ||
of Corrections. | ||
(2) Upon request from the Council, each executive | ||
agency and department of State and local government shall | ||
provide information and records to the Council in the | ||
execution of its duties. | ||
(f) Report. The Council shall report in writing annually to | ||
the General Assembly, the Illinois Supreme Court, and the | ||
Governor. | ||
(g) This Section is repealed on December 31, 2020.
| ||
(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; | ||
99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
| ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. |