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| Public Act 100-1182 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25, | ||||
5-4.5-30, and 5-8-1 and by adding Section 5-4.5-110 as follows:
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(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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Sec. 3-3-1. Establishment and appointment of Prisoner | ||||
Review Board.
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(a) There shall be a Prisoner Review Board independent of | ||||
the Department
which shall be:
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(1) the paroling authority for persons sentenced under | ||||
the
law in effect prior to the effective date of this | ||||
amendatory
Act of 1977;
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(1.2) the paroling authority for persons eligible for | ||||
parole review under Section 5-4.5-110; | ||||
(1.5) (blank); | ||||
(2) the board of review for cases involving the | ||||
revocation
of sentence credits or a suspension or reduction | ||||
in the
rate of accumulating the credit;
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(3) the board of review and recommendation for the | ||||
exercise
of executive clemency by the Governor;
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(4) the authority for establishing release dates for
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certain prisoners sentenced under the law in existence | ||
prior
to the effective date of this amendatory Act of 1977, | ||
in
accordance with Section 3-3-2.1 of this Code;
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(5) the authority for setting conditions for parole and
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mandatory supervised release under Section 5-8-1(a) of | ||
this
Code, and determining whether a violation of those | ||
conditions
warrant revocation of parole or mandatory | ||
supervised release
or the imposition of other sanctions; | ||
and | ||
(6) the authority for determining whether a violation | ||
of aftercare release conditions warrant revocation of | ||
aftercare release.
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(b) The Board shall consist of 15 persons appointed by
the | ||
Governor by and with the advice and consent of the Senate.
One | ||
member of the Board shall be designated by the Governor
to be | ||
Chairman and shall serve as Chairman at the pleasure of
the | ||
Governor. The members of the Board shall have had at
least 5 | ||
years of actual experience in the fields of penology,
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corrections work, law enforcement, sociology, law, education,
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social work, medicine, psychology, other behavioral sciences,
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or a combination thereof. At least 6 members so appointed
must | ||
have had at least 3 years experience in the field of
juvenile | ||
matters. No more than 8 Board members may be members
of the | ||
same political party.
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Each member of the Board shall serve on a full-time basis
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and shall not hold any other salaried public office, whether | ||
elective or
appointive, nor any other office or position of | ||
profit, nor engage in any
other business, employment, or | ||
vocation. The Chairman of the Board shall
receive $35,000 a | ||
year, or an amount set by the Compensation Review Board,
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whichever is greater, and each other member $30,000, or an | ||
amount set by the
Compensation Review Board, whichever is | ||
greater.
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(c) Notwithstanding any other provision of this Section,
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the term of each member of the Board
who was appointed by the | ||
Governor and is in office on June 30, 2003 shall
terminate at | ||
the close of business on that date or when all of the successor
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members to be appointed pursuant to this amendatory Act of the | ||
93rd General
Assembly have been appointed by the Governor, | ||
whichever occurs later. As soon
as possible, the Governor shall | ||
appoint persons to fill the vacancies created
by this | ||
amendatory Act.
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Of the initial members appointed under this amendatory Act | ||
of the 93rd
General Assembly, the Governor shall appoint 5 | ||
members whose terms shall expire
on the third Monday
in January | ||
2005, 5 members whose terms shall expire on the
third Monday in | ||
January 2007, and 5 members whose terms
shall expire on the | ||
third Monday in January 2009. Their respective successors
shall | ||
be appointed for terms of 6 years from the third Monday
in | ||
January of the year of appointment. Each member shall
serve | ||
until his or her successor is appointed and qualified.
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Any member may be removed by the Governor for incompetence, | ||
neglect of duty,
malfeasance or inability to serve.
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(d) The Chairman of the Board shall be its chief executive | ||
and
administrative officer. The Board may have an Executive | ||
Director; if so,
the Executive Director shall be appointed by | ||
the Governor with the advice and
consent of the Senate. The | ||
salary and duties of the Executive Director shall
be fixed by | ||
the Board.
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(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
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(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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Sec. 3-3-2. Powers and duties.
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(a) The Parole and Pardon Board is abolished and the term | ||
"Parole and
Pardon Board" as used in any law of Illinois, shall | ||
read "Prisoner Review
Board." After the effective date of this | ||
amendatory Act of 1977, the
Prisoner Review Board shall provide | ||
by rule for the orderly transition of
all files, records, and | ||
documents of the Parole and Pardon Board and for
such other | ||
steps as may be necessary to effect an orderly transition and | ||
shall:
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(1) hear by at least one member and through a panel of | ||
at least 3 members
decide, cases of prisoners
who were | ||
sentenced under the law in effect prior to the effective
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date of this amendatory Act of 1977, and who are eligible | ||
for parole;
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(2) hear by at least one member and through a panel of | ||
at least 3 members decide, the conditions of
parole and the | ||
time of discharge from parole, impose sanctions for
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violations of parole, and revoke
parole for those sentenced | ||
under the law in effect prior to this amendatory
Act of | ||
1977; provided that the decision to parole and the | ||
conditions of
parole for all prisoners who were sentenced | ||
for first degree murder or who
received a minimum sentence | ||
of 20 years or more under the law in effect
prior to | ||
February 1, 1978 shall be determined by a majority vote of | ||
the
Prisoner Review Board. One representative supporting | ||
parole and one representative opposing parole will be | ||
allowed to speak. Their comments shall be limited to making | ||
corrections and filling in omissions to the Board's | ||
presentation and discussion;
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(3) hear by at least one member and through a panel of | ||
at least 3 members decide, the conditions
of mandatory | ||
supervised release and the time of discharge from mandatory
| ||
supervised release, impose sanctions for violations of | ||
mandatory
supervised release, and revoke mandatory | ||
supervised release for those
sentenced under the law in | ||
effect after the effective date of this
amendatory Act of | ||
1977;
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(3.5) hear by at least one member and through a panel | ||
of at least 3 members decide, the conditions of mandatory | ||
supervised release and the time of discharge from mandatory | ||
supervised release, to impose sanctions for violations of | ||
mandatory supervised release and revoke mandatory | ||
supervised release for those serving extended supervised | ||
release terms pursuant to paragraph (4) of subsection (d) | ||
of Section 5-8-1;
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(3.6) hear by at least one member and through a panel | ||
of at least 3 members decide whether to revoke aftercare | ||
release for those committed to the Department of Juvenile | ||
Justice under the Juvenile Court Act of 1987; | ||
(4) hear by at least one member and through a panel of | ||
at least 3
members,
decide cases brought by the Department | ||
of Corrections against a prisoner in
the custody of the | ||
Department for alleged violation of Department rules
with | ||
respect to sentence credits under Section 3-6-3 of this | ||
Code
in which the Department seeks to revoke sentence | ||
credits, if the amount
of time 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 such 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 thirty days. However, the Board shall not be
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empowered to review the Department's decision with respect | ||
to the loss of
30 days of sentence credit for any prisoner | ||
or to increase any penalty
beyond the length requested by | ||
the Department;
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(5) hear by at least one member and through a panel of | ||
at least 3
members decide, the
release dates for certain | ||
prisoners sentenced under the law in existence
prior to the | ||
effective date of this amendatory Act of 1977, in
| ||
accordance with Section 3-3-2.1 of this Code;
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(6) hear by at least one member and through a panel of | ||
at least 3 members
decide, all requests for pardon, | ||
reprieve or commutation, and make confidential
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recommendations to the Governor;
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(6.5) hear by at least one member who is qualified in | ||
the field of juvenile matters and through a panel of at | ||
least 3 members, 2 of whom are qualified in the field of | ||
juvenile matters, decide parole review cases in accordance | ||
with Section 5-4.5-110 of this Code and make release | ||
determinations of persons under the age of 21 at the time | ||
of the commission of an offense or offenses, other than | ||
those persons serving sentences for first degree murder or | ||
aggravated criminal sexual assault; | ||
(6.6) hear by at least a quorum of
the Prisoner Review | ||
Board and decide by a majority of members present at the | ||
hearing, in accordance with Section 5-4.5-110 of this
Code, | ||
release determinations of persons under the age of 21 at | ||
the
time of the commission of an offense or offenses of | ||
those persons serving
sentences for first degree murder or | ||
aggravated criminal sexual assault; | ||
(7) comply with the requirements of the Open Parole | ||
Hearings Act;
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(8) hear by at least one member and, through a panel of | ||
at least 3
members, decide cases brought by the Department | ||
of Corrections against a
prisoner in the custody of the | ||
Department for court dismissal of a frivolous
lawsuit | ||
pursuant to Section 3-6-3(d) of this Code in which the | ||
Department seeks
to revoke up to 180 days of sentence | ||
credit, and if the prisoner has not
accumulated 180 days of | ||
sentence credit at the time of the dismissal, then
all | ||
sentence credit accumulated by the prisoner shall be | ||
revoked;
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(9) hear by at least 3 members, and, through a panel of | ||
at least 3
members, decide whether to grant certificates of | ||
relief from
disabilities or certificates of good conduct as | ||
provided in Article 5.5 of
Chapter V; | ||
(10) upon a petition by a person who has been convicted | ||
of a Class 3 or Class 4 felony and who meets the | ||
requirements of this paragraph, hear by at least 3 members | ||
and, with the unanimous vote of a panel of 3 members, issue | ||
a certificate of eligibility for sealing recommending that | ||
the court order the sealing of all official
records of the | ||
arresting authority, the circuit court clerk, and the | ||
Department of State Police concerning the arrest and | ||
conviction for the Class 3 or 4 felony. A person may not | ||
apply to the Board for a certificate of eligibility for | ||
sealing: | ||
(A) until 5 years have elapsed since the expiration | ||
of his or her sentence; | ||
(B) until 5 years have elapsed since any arrests or | ||
detentions by a law enforcement officer for an alleged | ||
violation of law, other than a petty offense, traffic | ||
offense, conservation offense, or local ordinance | ||
offense; | ||
(C) if convicted of a violation of the Cannabis | ||
Control Act, Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
the Methamphetamine Precursor Control Act, or the | ||
Methamphetamine Precursor Tracking Act unless the | ||
petitioner has completed a drug abuse program for the | ||
offense on which sealing is sought and provides proof | ||
that he or she has completed the program successfully; | ||
(D) if convicted of: | ||
(i) a sex offense described in Article 11 or | ||
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||
the Criminal Code of 1961 or the Criminal Code of | ||
2012; | ||
(ii) aggravated assault; | ||
(iii) aggravated battery; | ||
(iv) domestic battery; | ||
(v) aggravated domestic battery; | ||
(vi) violation of an order of protection; | ||
(vii) an offense under the Criminal Code of | ||
1961 or the Criminal Code of 2012 involving a | ||
firearm; | ||
(viii) driving while under the influence of | ||
alcohol, other drug or drugs, intoxicating | ||
compound or compounds or any combination thereof; | ||
(ix) aggravated driving while under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds or any | ||
combination thereof; or | ||
(x) any crime defined as a crime of violence | ||
under Section 2 of the Crime Victims Compensation | ||
Act. | ||
If a person has applied to the Board for a certificate | ||
of eligibility for sealing and the Board denies the | ||
certificate, the person must wait at least 4 years before | ||
filing again or filing for pardon from the Governor unless | ||
the Chairman of the Prisoner Review Board grants a waiver. | ||
The decision to issue or refrain from issuing a | ||
certificate of eligibility for sealing shall be at the | ||
Board's sole discretion, and shall not give rise to any | ||
cause of action against either the Board or its members. | ||
The Board may only authorize the sealing of Class 3 and | ||
4 felony convictions of the petitioner from one information | ||
or indictment under this paragraph (10). A petitioner may | ||
only receive one certificate of eligibility for sealing | ||
under this provision for life; and
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(11) upon a petition by a person who after having been | ||
convicted of a Class 3 or Class 4 felony thereafter served | ||
in the United States Armed Forces or National Guard of this | ||
or any other state and had received an honorable discharge | ||
from the United States Armed Forces or National Guard or | ||
who at the time of filing the petition is enlisted in the | ||
United States Armed Forces or National Guard of this or any | ||
other state and served one tour of duty and who meets the | ||
requirements of this paragraph, hear by at least 3 members | ||
and, with the unanimous vote of a panel of 3 members, issue | ||
a certificate of eligibility for expungement recommending | ||
that the court order the expungement of all official
| ||
records of the arresting authority, the circuit court | ||
clerk, and the Department of State Police concerning the | ||
arrest and conviction for the Class 3 or 4 felony. A person | ||
may not apply to the Board for a certificate of eligibility | ||
for expungement: | ||
(A) if convicted of: | ||
(i) a sex offense described in Article 11 or | ||
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||
the Criminal Code of 1961 or Criminal Code of 2012; | ||
(ii) an offense under the Criminal Code of 1961 | ||
or Criminal Code of 2012 involving a firearm; or | ||
(iii) a crime of violence as defined in Section | ||
2 of the Crime Victims Compensation Act; or | ||
(B) if the person has not served in the United | ||
States Armed Forces or National Guard of this or any | ||
other state or has not received an honorable discharge | ||
from the United States Armed Forces or National Guard | ||
of this or any other state or who at the time of the | ||
filing of the petition is serving in the United States | ||
Armed Forces or National Guard of this or any other | ||
state and has not completed one tour of duty. | ||
If a person has applied to the Board for a certificate | ||
of eligibility for expungement and the Board denies the | ||
certificate, the person must wait at least 4 years before | ||
filing again or filing for a pardon with authorization for | ||
expungement from the Governor unless the Governor or | ||
Chairman of the Prisoner Review Board grants a waiver. | ||
(a-5) The Prisoner Review Board, with the cooperation of | ||
and in
coordination with the Department of Corrections and the | ||
Department of Central
Management Services, shall implement a | ||
pilot project in 3 correctional
institutions providing for the | ||
conduct of hearings under paragraphs (1) and
(4)
of subsection | ||
(a) of this Section through interactive video conferences.
The
| ||
project shall be implemented within 6 months after the | ||
effective date of this
amendatory Act of 1996. Within 6 months | ||
after the implementation of the pilot
project, the Prisoner | ||
Review Board, with the cooperation of and in coordination
with | ||
the Department of Corrections and the Department of Central | ||
Management
Services, shall report to the Governor and the | ||
General Assembly regarding the
use, costs, effectiveness, and | ||
future viability of interactive video
conferences for Prisoner | ||
Review Board hearings.
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(b) Upon recommendation of the Department the Board may | ||
restore sentence credit previously revoked.
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(c) The Board shall cooperate with the Department in | ||
promoting an
effective system of parole and mandatory | ||
supervised release.
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(d) The Board shall promulgate rules for the conduct of its | ||
work,
and the Chairman shall file a copy of such rules and any | ||
amendments
thereto with the Director and with the Secretary of | ||
State.
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(e) The Board shall keep records of all of its official | ||
actions and
shall make them accessible in accordance with law | ||
and the rules of the
Board.
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(f) The Board or one who has allegedly violated the | ||
conditions of
his or her parole, aftercare release, or | ||
mandatory supervised release may require by subpoena the
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attendance and testimony of witnesses and the production of | ||
documentary
evidence relating to any matter under | ||
investigation or hearing. The
Chairman of the Board may sign | ||
subpoenas which shall be served by any
agent or public official | ||
authorized by the Chairman of the Board, or by
any person | ||
lawfully authorized to serve a subpoena under the laws of the
| ||
State of Illinois. The attendance of witnesses, and the | ||
production of
documentary evidence, may be required from any | ||
place in the State to a
hearing location in the State before | ||
the Chairman of the Board or his or her
designated agent or | ||
agents or any duly constituted Committee or
Subcommittee of the | ||
Board. Witnesses so summoned shall be paid the same
fees and | ||
mileage that are paid witnesses in the circuit courts of the
| ||
State, and witnesses whose depositions are taken and the | ||
persons taking
those depositions are each entitled to the same | ||
fees as are paid for
like services in actions in the circuit | ||
courts of the State. Fees and
mileage shall be vouchered for | ||
payment when the witness is discharged
from further attendance.
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In case of disobedience to a subpoena, the Board may | ||
petition any
circuit court of the State for an order requiring | ||
the attendance and
testimony of witnesses or the production of | ||
documentary evidence or
both. A copy of such petition shall be | ||
served by personal service or by
registered or certified mail | ||
upon the person who has failed to obey the
subpoena, and such | ||
person shall be advised in writing that a hearing
upon the | ||
petition will be requested in a court room to be designated in
| ||
such notice before the judge hearing motions or extraordinary | ||
remedies
at a specified time, on a specified date, not less | ||
than 10 nor more than
15 days after the deposit of the copy of | ||
the written notice and petition
in the U.S. mails addressed to | ||
the person at his last known address or
after the personal | ||
service of the copy of the notice and petition upon
such | ||
person. The court upon the filing of such a petition, may order | ||
the
person refusing to obey the subpoena to appear at an | ||
investigation or
hearing, or to there produce documentary | ||
evidence, if so ordered, or to
give evidence relative to the | ||
subject matter of that investigation or
hearing. Any failure to | ||
obey such order of the circuit court may be
punished by that | ||
court as a contempt of court.
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Each member of the Board and any hearing officer designated | ||
by the
Board shall have the power to administer oaths and to | ||
take the testimony
of persons under oath.
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(g) Except under subsection (a) of this Section, a majority | ||
of the
members then appointed to the Prisoner Review Board | ||
shall constitute a
quorum for the transaction of all business | ||
of the Board.
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(h) The Prisoner Review Board shall annually transmit to | ||
the
Director a detailed report of its work for the preceding | ||
calendar year.
The annual report shall also be transmitted to | ||
the Governor for
submission to the Legislature.
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(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | ||
98-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
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(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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Sec. 3-3-9. Violations; changes of conditions; preliminary
| ||
hearing; revocation of parole or mandatory supervised release;
| ||
revocation hearing. | ||
(a) If prior to expiration or termination of the term of
| ||
parole or mandatory supervised release, a person violates a
| ||
condition set by the Prisoner Review Board or a condition of | ||
parole or
mandatory supervised release under Section 3-3-7 of | ||
this Code to govern that
term,
the Board may:
| ||
(1) continue the existing term, with or without | ||
modifying or
enlarging the conditions; or
| ||
(1.5) for those released as a result of youthful | ||
offender parole as set forth in Section 5-4.5-110 of this | ||
Code, order that the inmate be subsequently rereleased to | ||
serve a specified mandatory supervised release term not to | ||
exceed the full term permitted under the provisions of | ||
5-4.5-110 and subsection (d) of Section 5-8-1 of this Code | ||
and may modify or enlarge the conditions of the release as | ||
the Board deems proper; or | ||
(2) parole or release the person to a half-way house; | ||
or
| ||
(3) revoke the parole or mandatory supervised release | ||
and
reconfine the person for a term computed in the | ||
following
manner:
| ||
(i) (A) For those sentenced under the law in effect | ||
prior to
this amendatory Act of 1977, the recommitment | ||
shall be for any
portion of the imposed maximum term of | ||
imprisonment or confinement
which had not been served | ||
at the time of parole and the parole
term, less the | ||
time elapsed between the parole of the person and
the | ||
commission of the violation for which parole was | ||
revoked;
| ||
(B) Except as set forth in paragraphs paragraph (C) | ||
and (D), for
those subject to mandatory supervised | ||
release under
paragraph (d) of Section 5-8-1 of this | ||
Code, the recommitment
shall be for the total mandatory | ||
supervised release term, less
the time elapsed between | ||
the release of the person and the
commission of the | ||
violation for which mandatory supervised
release is | ||
revoked. The Board may also order that a prisoner
serve | ||
up to one year of the sentence imposed by the court | ||
which
was not served due to the accumulation of | ||
sentence credit;
| ||
(C) For those subject to sex offender supervision | ||
under clause (d)(4) of Section 5-8-1 of this Code, the | ||
reconfinement period for violations of clauses (a)(3) | ||
through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||
years from the date of reconfinement;
| ||
(D) For those released as a result of youthful | ||
offender parole as set forth in Section 5-4.5-110 of | ||
this Code, the reconfinement period shall be for the | ||
total mandatory supervised release term, less the time | ||
elapsed between the release of the person and the | ||
commission of the violation for which mandatory | ||
supervised release is revoked. The Board may also order | ||
that a prisoner serve up to one year of the mandatory | ||
supervised release term previously earned. The Board | ||
may also order that the inmate be subsequently | ||
rereleased to serve a specified mandatory supervised | ||
release term not to exceed the full term permitted | ||
under the provisions of 5-4.5-110 and subsection (d) of | ||
Section 5-8-1 of this Code and may modify or enlarge | ||
the conditions of the release as the Board deems | ||
proper; | ||
(ii) the person shall be given credit against the | ||
term of
reimprisonment or reconfinement for time spent | ||
in custody
since he or she was paroled or released | ||
which has not been credited
against another sentence or | ||
period of confinement;
| ||
(iii) (blank);
| ||
(iv) this Section is subject to the release under
| ||
supervision and the reparole and rerelease provisions | ||
of Section
3-3-10.
| ||
(b) The Board may revoke parole or mandatory supervised
| ||
release for violation of a condition for the duration of the
| ||
term and for any further period which is reasonably necessary
| ||
for the adjudication of matters arising before its expiration.
| ||
The issuance of a warrant of arrest for an alleged violation
of | ||
the conditions of parole or mandatory supervised release
shall | ||
toll the running of the term until the final determination of | ||
the
charge. When
parole or mandatory supervised release is not | ||
revoked
that period shall be credited to the term, unless a | ||
community-based sanction is imposed as an alternative to | ||
revocation and reincarceration, including a diversion | ||
established by the Illinois Department of Corrections Parole | ||
Services Unit prior to the holding of a preliminary parole | ||
revocation hearing. Parolees who are diverted to a | ||
community-based sanction shall serve the entire term of parole | ||
or mandatory supervised release, if otherwise appropriate.
| ||
(b-5) The Board shall revoke parole or mandatory supervised | ||
release for violation of the conditions prescribed in paragraph | ||
(7.6) of subsection (a) of Section 3-3-7. | ||
(c) A person charged with violating a condition of parole | ||
or
mandatory supervised release shall have a preliminary | ||
hearing
before a hearing officer designated by the Board to | ||
determine
if there is cause to hold the person for a revocation | ||
hearing.
However, no preliminary hearing need be held when | ||
revocation is based
upon new criminal charges and a court finds | ||
probable cause on the new
criminal charges or when the | ||
revocation
is based upon a new criminal conviction and a | ||
certified copy of
that conviction is available.
| ||
(d) Parole or mandatory supervised release shall not be
| ||
revoked without written notice to the offender setting forth
| ||
the violation of parole or mandatory supervised release charged
| ||
against him or her.
| ||
(e) A hearing on revocation shall be conducted before at
| ||
least one member of the Prisoner Review Board. The Board may
| ||
meet and order its actions in panels of 3 or more members.
The | ||
action of a majority of the panel shall be the action of
the | ||
Board. A record
of the hearing shall be made. At the hearing | ||
the offender shall
be permitted to:
| ||
(1) appear and answer the charge; and
| ||
(2) bring witnesses on his or her behalf.
| ||
(f) The Board shall either revoke parole or mandatory
| ||
supervised release or order the person's term continued with
or | ||
without modification or enlargement of the conditions.
| ||
(g) Parole or mandatory supervised release shall not be
| ||
revoked for failure to make payments under the conditions of
| ||
parole or release unless the Board determines that such failure | ||
is
due to the offender's willful refusal to pay.
| ||
(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | ||
99-628, eff. 1-1-17.)
| ||
(730 ILCS 5/5-4.5-20) | ||
Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||
degree murder: | ||
(a) TERM. The defendant shall be sentenced to imprisonment | ||
or, if appropriate, death under Section 9-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||
Imprisonment shall be for a determinate term, subject to | ||
Section 5-4.5-110 of this Code, of (1) not less than 20 years | ||
and not more than 60 years; (2) not less than 60 years and not | ||
more than 100 years when an extended term is imposed under | ||
Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | ||
provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||
shall not be imposed.
| ||
(c) IMPACT INCARCERATION. The impact incarceration program | ||
or the county impact incarceration program is not an authorized | ||
disposition.
| ||
(d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||
probation or conditional discharge shall not be imposed.
| ||
(e) FINE. Fines may be imposed as provided in Section | ||
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||
concerning restitution.
| ||
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||
be concurrent or consecutive as provided in Section 5-8-4 (730 | ||
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||
(h) DRUG COURT. Drug court is not an authorized | ||
disposition.
| ||
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||
ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||
detention prior to judgment.
| ||
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||
for rules and regulations for sentence credit.
| ||
(k) ELECTRONIC HOME DETENTION. Electronic home detention | ||
is not an authorized disposition, except in limited | ||
circumstances as provided in Section 5-8A-3 (730 ILCS | ||
5/5-8A-3).
| ||
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||
provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||
mandatory supervised release term shall be 3 years upon release | ||
from imprisonment.
| ||
(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.) | ||
(730 ILCS 5/5-4.5-25) | ||
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||
felony: | ||
(a) TERM. The sentence of imprisonment shall be a | ||
determinate sentence, subject to Section 5-4.5-110 of this | ||
Code, of not less than 6 years and not more than 30 years. The | ||
sentence of imprisonment for an extended term Class X felony, | ||
as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | ||
Section 5-4.5-110 of this Code, shall be not less than 30 years | ||
and not more than 60 years.
| ||
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||
shall not be imposed.
| ||
(c) IMPACT INCARCERATION. The impact incarceration program | ||
or the county impact incarceration program is not an authorized | ||
disposition.
| ||
(d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||
probation or conditional discharge shall not be imposed.
| ||
(e) FINE. Fines may be imposed as provided in Section | ||
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||
concerning restitution.
| ||
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||
be concurrent or consecutive as provided in Section 5-8-4 (730 | ||
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||
(h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||
Act (730 ILCS 166/20) concerning eligibility for a drug court | ||
program.
| ||
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||
ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||
detention prior to judgment.
| ||
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||
for rules and regulations for sentence credit.
| ||
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||
5/5-8A-3) concerning eligibility for electronic home | ||
detention.
| ||
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||
5/5-8-1), the parole or mandatory supervised release term shall | ||
be 3 years upon release from imprisonment.
| ||
(Source: P.A. 97-697, eff. 6-22-12.) | ||
(730 ILCS 5/5-4.5-30) | ||
Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||
felony: | ||
(a) TERM. The sentence of imprisonment, other than for | ||
second degree murder, shall be a determinate sentence of not | ||
less than 4 years and not more than 15 years, subject to | ||
Section 5-4.5-110 of this Code. The sentence of imprisonment | ||
for second degree murder shall be a determinate sentence of not | ||
less than 4 years and not more than 20 years, subject to | ||
Section 5-4.5-110 of this Code. The sentence of imprisonment | ||
for an extended term Class 1 felony, as provided in Section | ||
5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this | ||
Code, shall be a term not less than 15 years and not more than | ||
30 years.
| ||
(b) PERIODIC IMPRISONMENT. A sentence of periodic | ||
imprisonment shall be for a definite term of from 3 to 4 years, | ||
except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||
ILCS 5/5-5-3 or 5/5-7-1).
| ||
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||
the impact incarceration program or the county impact | ||
incarceration program.
| ||
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||
period of probation or conditional discharge shall not exceed 4 | ||
years. The court shall specify the conditions of probation or | ||
conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||
5/5-6-3). In no case shall an offender be eligible for a | ||
disposition of probation or conditional discharge for a Class 1 | ||
felony committed while he or she was serving a term of | ||
probation or conditional discharge for a felony.
| ||
(e) FINE. Fines may be imposed as provided in Section | ||
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||
concerning restitution.
| ||
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||
be concurrent or consecutive as provided in Section 5-8-4 (730 | ||
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||
(h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||
Act (730 ILCS 166/20) concerning eligibility for a drug court | ||
program.
| ||
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||
ILCS 5/5-4.5-100) concerning credit for time spent in home | ||
detention prior to judgment.
| ||
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||
(730 ILCS 130/) for rules and regulations for sentence credit.
| ||
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||
5/5-8A-3) concerning eligibility for electronic home | ||
detention.
| ||
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||
5/5-8-1), the parole or mandatory supervised release term shall | ||
be 2 years upon release from imprisonment.
| ||
(Source: P.A. 97-697, eff. 6-22-12.) | ||
(730 ILCS 5/5-4.5-110 new) | ||
Sec. 5-4.5-110. Parole review of persons under the age of | ||
21 at the time of the commission of an offense. | ||
(a) For purposes of this Section, "victim" means a victim | ||
of a violent crime as defined in subsection (a) of Section 3 of | ||
the Rights of Crime Victims and Witnesses Act including a | ||
witness as defined in subsection (b) of Section 3 of the Rights | ||
of Crime Victims and Witnesses Act; any person legally related | ||
to the victim by blood, marriage, adoption, or guardianship; | ||
any friend of the victim; or any concerned citizen. | ||
(b) A person under 21 years of age at the time of the | ||
commission of an offense or offenses, other than first degree | ||
murder, and who is not serving a sentence for first degree | ||
murder and who is sentenced on or after the effective date of | ||
this amendatory Act of the 100th General Assembly shall be | ||
eligible for parole review by the Prisoner Review Board after | ||
serving 10 years or more of his or her sentence or sentences, | ||
except for those serving a sentence or sentences for: (1) | ||
aggravated criminal sexual assault who shall be eligible for | ||
parole review by the Prisoner Review Board after serving 20 | ||
years or more of his or her sentence or sentences or (2) | ||
predatory criminal sexual assault of a child who shall not be | ||
eligible for parole review by the Prisoner Review Board under | ||
this Section. A person under 21 years of age at the time of the | ||
commission of first degree murder who is sentenced on or after | ||
the effective date of this amendatory Act of the 100th General | ||
Assembly shall be eligible for parole review by the Prisoner | ||
Review Board after serving
20 years or more of his or her | ||
sentence or sentences, except for those subject to a term of | ||
natural life imprisonment under Section 5-8-1 of this Code or | ||
any person subject to sentencing under subsection (c) of | ||
Section 5-4.5-105 of this Code. | ||
(c) Three years prior to becoming eligible for parole | ||
review, the eligible person may file his or her petition for | ||
parole review with the Prisoner Review Board.
The petition | ||
shall include a copy of the order of commitment and sentence to | ||
the Department of Corrections for the offense or offenses for | ||
which review is sought. Within 30 days of receipt of this | ||
petition, the Prisoner Review Board shall determine whether the | ||
petition is appropriately filed, and if so, shall set a date | ||
for parole review 3 years from receipt of the petition and | ||
notify the Department of Corrections within 10 business days. | ||
If the Prisoner Review Board determines that the petition is | ||
not appropriately filed, it shall notify the petitioner in | ||
writing, including a basis for its determination. | ||
(d) Within 6 months of the Prisoner Review Board's | ||
determination that the petition was appropriately filed, a | ||
representative from the Department of Corrections shall meet | ||
with the eligible person and
provide the inmate information | ||
about the parole hearing process and personalized | ||
recommendations for the inmate regarding his or her work | ||
assignments, rehabilitative programs, and institutional | ||
behavior. Following this meeting, the eligible person has 7 | ||
calendar days to file a written request to the representative | ||
from the Department of Corrections who met with the eligible | ||
person of any additional programs and services which the | ||
eligible person believes should be made available to prepare | ||
the eligible person for return to the community. | ||
(e) One year prior to the person being eligible for parole, | ||
counsel shall be appointed by the Prisoner Review Board upon a | ||
finding of indigency. The eligible person may waive appointed | ||
counsel or retain his or her own counsel at his or her own | ||
expense. | ||
(f) Nine months prior to the hearing, the Prisoner Review | ||
Board shall provide the eligible person, and his or her | ||
counsel, any written documents or materials it will be | ||
considering in making its decision unless the written documents | ||
or materials are specifically found to: (1) include information | ||
which, if disclosed, would damage the therapeutic relationship | ||
between the inmate and a mental health professional; (2) | ||
subject any person to the actual risk of physical harm; (3) | ||
threaten the safety or security of the Department or an | ||
institution. In accordance with Section 35 of the Open Parole | ||
Hearings Act, victim impact statements either oral, written, | ||
video-taped, tape recorded or made by other electronic means | ||
shall not be considered public documents under the provisions | ||
of the Freedom of Information Act. The inmate or his or her | ||
attorney shall not be given a copy of the statement, but shall | ||
be informed of the existence of a victim impact statement and | ||
the position taken by the victim on the inmate's request for | ||
parole. This shall not be construed to permit disclosure to an | ||
inmate of any information which might result in the risk of | ||
threats or physical harm to a victim. The Prisoner Review Board | ||
shall have an ongoing duty to provide the eligible person, and | ||
his or her counsel, with any further documents or materials | ||
that come into its possession prior to the hearing subject to | ||
the limitations contained in this subsection. | ||
(g) Not less than 12 months prior to the hearing, the | ||
Prisoner Review Board shall provide notification to the State's | ||
Attorney of the county from which the person was committed and | ||
written notification to the victim or family of the victim of | ||
the scheduled hearing place, date, and approximate time. The | ||
written notification shall contain: (1) information about
| ||
their right to be present, appear in person at the parole | ||
hearing, and their right to
make an oral statement and submit | ||
information in writing, by videotape, tape
recording, or other | ||
electronic means; (2) a toll-free number to call for further
| ||
information about the parole review process; and (3) | ||
information regarding
available resources, including | ||
trauma-informed therapy, they may access. If the Board does not | ||
have knowledge of the current address of the victim or family | ||
of the victim, it shall notify the State's Attorney of the | ||
county of commitment and request assistance in locating the | ||
victim or family of the victim. Those victims or family of the | ||
victims who advise the Board in writing that they no longer | ||
wish to be notified shall not receive future notices. A victim | ||
shall have the right to submit information by videotape, tape | ||
recording, or other electronic means. The victim may submit | ||
this material prior to or at the parole hearing. The victim | ||
also has the right to be heard at the parole hearing. | ||
(h) The hearing conducted by the Prisoner Review Board | ||
shall be governed by Sections 15 and 20, subsection (f) of | ||
Section 5, subsection (a) of Section 10, subsection (d) of | ||
Section 25, and subsections (a), (b), and (e) of Section 35 of | ||
the Open Parole Hearings Act and Part 1610 of Title 20 of the | ||
Illinois Administrative Code. The eligible person has a right | ||
to be present at the Prisoner Review Board hearing, unless the | ||
Prisoner Review Board determines the eligible person's | ||
presence is unduly burdensome when conducting a hearing under | ||
paragraph (6.6) of subsection (a) of Section 3-3-2 of this | ||
Code. If a psychological evaluation is submitted for the | ||
Prisoner Review Board's consideration, it shall be prepared by | ||
a person who has expertise in adolescent brain development and | ||
behavior, and shall take into consideration the diminished | ||
culpability of youthful offenders, the hallmark features of | ||
youth, and any subsequent growth and increased maturity of the | ||
person. At the hearing, the eligible person shall have the | ||
right to make a statement on his or her own behalf. | ||
(i) Only upon motion for good cause shall the date for the | ||
Prisoner Review Board hearing, as set by subsection (b) of this | ||
Section, be changed. No less than 15 days prior to the hearing, | ||
the Prisoner Review Board shall notify the victim or victim | ||
representative, the attorney, and the eligible person of the | ||
exact date and time of the hearing. All hearings shall be open | ||
to the public. | ||
(j) The Prisoner Review Board shall not parole the eligible | ||
person if it determines that: | ||
(1) there is a substantial risk that the eligible | ||
person will not conform to reasonable conditions of parole | ||
or aftercare release; or | ||
(2) the eligible person's release at that time would | ||
deprecate the seriousness of his or her offense or promote | ||
disrespect for the law; or | ||
(3) the eligible person's release would have a | ||
substantially adverse effect on institutional discipline. | ||
In considering the factors affecting the release | ||
determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | ||
Review Board panel shall consider the diminished culpability of | ||
youthful offenders, the hallmark features of youth, and any | ||
subsequent growth and maturity of the youthful offender during | ||
incarceration. | ||
(k) Unless denied parole under subsection (j) of this | ||
Section and subject to the provisions of Section 3-3-9 of this | ||
Code: (1) the eligible person serving a sentence for any | ||
non-first degree murder offense or offenses, shall be released | ||
on parole which shall operate to discharge any remaining term | ||
of years sentence imposed upon him or her, notwithstanding any | ||
required mandatory supervised release period the eligible | ||
person is required to serve; and (2) the eligible person | ||
serving a sentence for any first degree murder offense, shall | ||
be released on mandatory supervised release for a period of 10 | ||
years subject to Section 3-3-8, which shall operate to | ||
discharge any remaining term of years sentence imposed upon him | ||
or her, however in no event shall the eligible person serve a | ||
period of mandatory supervised release greater than the | ||
aggregate of the discharged underlying sentence and the | ||
mandatory supervised release period as sent forth in Section | ||
5-4.5-20. | ||
(l) If the Prisoner Review Board denies parole after | ||
conducting the hearing under
subsection (j) of this Section, it | ||
shall issue a written decision which states the
rationale for | ||
denial, including the primary factors considered. This | ||
decision shall
be provided to the eligible person and his or | ||
her counsel within 30 days. | ||
(m) A person denied parole under subsection (j) of this | ||
Section, who is not
serving a sentence for either first degree | ||
murder or aggravated criminal sexual
assault, shall be eligible | ||
for a second parole review by the Prisoner Review Board
5 years | ||
after the written decision under subsection (l) of this | ||
Section; a person
denied parole under subsection (j) of this | ||
Section, who is serving a sentence or
sentences for first | ||
degree murder or aggravated criminal sexual assault shall be
| ||
eligible for a second and final parole review by the Prisoner | ||
Review Board 10
years after the written decision under | ||
subsection (k) of this Section. The
procedures for a second | ||
parole review shall be governed by subsections (c)
through (k) | ||
of this Section. | ||
(n) A person denied parole under subsection (m) of this | ||
Section, who is not
serving a sentence for either first degree | ||
murder or aggravated criminal sexual
assault, shall be eligible | ||
for a third and final parole review by the Prisoner Review
| ||
Board 5 years after the written decision under subsection (l) | ||
of this Section. The
procedures for the third and final parole | ||
review shall be governed by subsections
(c) through (k) of this | ||
Section. | ||
(o) Notwithstanding anything else to the contrary in this | ||
Section, nothing in this Section shall be construed to delay | ||
parole or mandatory supervised release consideration for | ||
petitioners who are or will be eligible for release earlier | ||
than this Section provides. Nothing in this Section shall be | ||
construed as a limit, substitution, or bar on a person's right | ||
to sentencing relief, or any other manner of relief, obtained | ||
by order of a court in proceedings other than as provided in | ||
this Section.
| ||
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||
Sec. 5-8-1. Natural life imprisonment; enhancements for | ||
use of a firearm; mandatory supervised release terms.
| ||
(a) Except as otherwise provided in the statute defining | ||
the offense or in Article 4.5 of Chapter V, a
sentence of | ||
imprisonment for a felony shall be a determinate sentence set | ||
by
the court under this Section, subject to Section 5-4.5-110 | ||
of this Code, according to the following limitations:
| ||
(1) for first degree murder,
| ||
(a) (blank),
| ||
(b) if a trier of fact finds beyond a reasonable
| ||
doubt that the murder was accompanied by exceptionally
| ||
brutal or heinous behavior indicative of wanton | ||
cruelty or, except as set forth
in subsection (a)(1)(c) | ||
of this Section, that any of the aggravating factors
| ||
listed in subsection (b) or (b-5) of Section 9-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 are
| ||
present, the court may sentence the defendant, subject | ||
to Section 5-4.5-105, to a term of natural life
| ||
imprisonment, or
| ||
(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment if the defendant, at | ||
the time of the commission of the murder, had attained | ||
the age of 18, and
| ||
(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or
| ||
(ii) is found guilty of murdering more
than one | ||
victim, or
| ||
(iii) is found guilty of murdering a peace | ||
officer, fireman, or emergency management worker | ||
when
the peace officer, fireman, or emergency | ||
management worker was killed in the course of | ||
performing his
official duties, or to prevent the | ||
peace officer or fireman from
performing his | ||
official duties, or in retaliation for the peace | ||
officer,
fireman, or emergency management worker | ||
from performing his official duties, and the | ||
defendant knew or should
have known that the | ||
murdered individual was a peace officer, fireman, | ||
or emergency management worker, or
| ||
(iv) is found guilty of murdering an employee | ||
of an institution or
facility of the Department of | ||
Corrections, or any similar local
correctional | ||
agency, when the employee was killed in the course | ||
of
performing his official duties, or to prevent | ||
the employee from performing
his official duties, | ||
or in retaliation for the employee performing his
| ||
official duties, or
| ||
(v) is found guilty of murdering an emergency | ||
medical
technician - ambulance, emergency medical | ||
technician - intermediate, emergency
medical | ||
technician - paramedic, ambulance driver or other | ||
medical assistance or
first aid person while | ||
employed by a municipality or other governmental | ||
unit
when the person was killed in the course of | ||
performing official duties or
to prevent the | ||
person from performing official duties or in | ||
retaliation
for performing official duties and the | ||
defendant knew or should have known
that the | ||
murdered individual was an emergency medical | ||
technician - ambulance,
emergency medical | ||
technician - intermediate, emergency medical
| ||
technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or
| ||
(vi) (blank), or
| ||
(vii) is found guilty of first degree murder | ||
and the murder was
committed by reason of any | ||
person's activity as a community policing | ||
volunteer
or to prevent any person from engaging in | ||
activity as a community policing
volunteer. For | ||
the purpose of this Section, "community policing | ||
volunteer"
has the meaning ascribed to it in | ||
Section 2-3.5 of the Criminal Code of 2012.
| ||
For purposes of clause (v), "emergency medical | ||
technician - ambulance",
"emergency medical technician - | ||
intermediate", "emergency medical technician -
| ||
paramedic", have the meanings ascribed to them in the | ||
Emergency Medical
Services (EMS) Systems Act.
| ||
(d) (i) if the person committed the offense while | ||
armed with a
firearm, 15 years shall be added to | ||
the term of imprisonment imposed by the
court;
| ||
(ii) if, during the commission of the offense, | ||
the person
personally discharged a firearm, 20 | ||
years shall be added to the term of
imprisonment | ||
imposed by the court;
| ||
(iii) if, during the commission of the | ||
offense, the person
personally discharged a | ||
firearm that proximately caused great bodily harm,
| ||
permanent disability, permanent disfigurement, or | ||
death to another person, 25
years or up to a term | ||
of natural life shall be added to the term of
| ||
imprisonment imposed by the court.
| ||
(2) (blank);
| ||
(2.5) for a person who has attained the age of 18 years
| ||
at the time of the commission of the offense and
who is | ||
convicted under the circumstances described in subdivision | ||
(b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||
or paragraph (2) of subsection
(d) of Section 12-14, | ||
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||
of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||
Section 11-1.40 or paragraph (2) of subsection (b) of | ||
Section 12-14.1
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the sentence shall be a term of | ||
natural life
imprisonment.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(d) Subject to
earlier termination under Section 3-3-8, the | ||
parole or mandatory
supervised release term shall be written as | ||
part of the sentencing order and shall be as follows:
| ||
(1) for first degree murder or a Class X felony except | ||
for the offenses of predatory criminal sexual assault of a | ||
child, aggravated criminal sexual assault, and criminal | ||
sexual assault if committed on or after the effective date | ||
of this amendatory Act of the 94th General Assembly and | ||
except for the offense of aggravated child pornography | ||
under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||
sentencing under subsection (c-5) of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if | ||
committed on or after January 1, 2009, 3 years;
| ||
(2) for a Class 1 felony or a Class 2 felony except for | ||
the offense of criminal sexual assault if committed on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly and except for the offenses of manufacture | ||
and dissemination of child pornography under clauses | ||
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, if committed on or | ||
after January 1, 2009, 2 years;
| ||
(3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||
(4) for defendants who commit the offense of predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, or criminal sexual assault, on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, or who commit the offense of aggravated child | ||
pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
manufacture of child pornography, or dissemination of | ||
child pornography after January 1, 2009, the term of | ||
mandatory supervised release shall range from a minimum of | ||
3 years to a maximum of the natural life of the defendant;
| ||
(5) if the victim is under 18 years of age, for a | ||
second or subsequent
offense of aggravated criminal sexual | ||
abuse or felony criminal sexual abuse,
4 years, at least | ||
the first 2 years of which the defendant shall serve in an
| ||
electronic home detention program under Article 8A of | ||
Chapter V of this Code;
| ||
(6) for a felony domestic battery, aggravated domestic | ||
battery, stalking, aggravated stalking, and a felony | ||
violation of an order of protection, 4 years. | ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
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