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| Public Act 102-0531 | ||||
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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 Section 5-5-3 as follows:
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(730 ILCS 5/5-5-3)
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Sec. 5-5-3. Disposition.
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(a) (Blank).
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(b) (Blank).
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(c) (1) (Blank).
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(2) A period of probation, a term of periodic imprisonment | ||||
or
conditional discharge shall not be imposed for the | ||||
following offenses.
The court shall sentence the offender to | ||||
not less than the minimum term
of imprisonment set forth in | ||||
this Code for the following offenses, and
may order a fine or | ||||
restitution or both in conjunction with such term of
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imprisonment:
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(A) First degree murder where the death penalty is not | ||||
imposed.
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(B) Attempted first degree murder.
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(C) A Class X felony.
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(D) A violation of Section 401.1 or 407 of the
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Illinois Controlled Substances Act, or a violation of | ||||
subdivision (c)(1.5) of
Section 401 of that Act which | ||
relates to more than 5 grams of a substance
containing | ||
fentanyl or an analog thereof.
| ||
(D-5) A violation of subdivision (c)(1) of
Section 401 | ||
of the Illinois Controlled Substances Act which relates to | ||
3 or more grams of a substance
containing heroin or an | ||
analog thereof. | ||
(E) (Blank).
| ||
(F) A Class 1 or greater felony if the offender had | ||
been convicted
of a Class 1 or greater felony, including | ||
any state or federal conviction for an offense that | ||
contained, at the time it was committed, the same elements | ||
as an offense now (the date of the offense committed after | ||
the prior Class 1 or greater felony) classified as a Class | ||
1 or greater felony, within 10 years of the date on which | ||
the
offender
committed the offense for which he or she is | ||
being sentenced, except as
otherwise provided in Section | ||
40-10 of the Substance Use Disorder Act.
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(F-3) A Class 2 or greater felony sex offense or | ||
felony firearm offense if the offender had been convicted | ||
of a Class 2 or greater felony, including any state or | ||
federal conviction for an offense that contained, at the | ||
time it was committed, the same elements as an offense now | ||
(the date of the offense committed after the prior Class 2 | ||
or greater felony) classified as a Class 2 or greater | ||
felony, within 10 years of the date on which the offender | ||
committed the offense for which he or she is being | ||
sentenced, except as otherwise provided in Section 40-10 | ||
of the Substance Use Disorder Act. | ||
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
for which imprisonment is prescribed in those Sections. | ||
(G) Residential burglary, except as otherwise provided | ||
in Section 40-10
of the Substance Use Disorder Act.
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(H) Criminal sexual assault.
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(I) Aggravated battery of a senior citizen as | ||
described in Section 12-4.6 or subdivision (a)(4) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012.
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(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 or | ||
more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate crimes | ||
or provides
support to the members of the association who | ||
do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||
Prevention Act.
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(K) Vehicular hijacking.
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(L) A second or subsequent conviction for the offense | ||
of hate crime
when the underlying offense upon which the | ||
hate crime is based is felony
aggravated
assault or felony | ||
mob action.
| ||
(M) A second or subsequent conviction for the offense | ||
of institutional
vandalism if the damage to the property | ||
exceeds $300.
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(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
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(O) A violation of Section 12-6.1 or 12-6.5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
(P) A violation of paragraph (1), (2), (3), (4), (5), | ||
or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
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(P-5) A violation of paragraph (6) of subsection (a) | ||
of
Section 11-20.1 of the Criminal Code of 1961 or the
| ||
Criminal Code of 2012 if the victim is a household or
| ||
family member of the defendant. | ||
(Q) A violation of subsection (b) or (b-5) of Section | ||
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012.
| ||
(R) A violation of Section 24-3A of the Criminal Code | ||
of
1961 or the Criminal Code of 2012.
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(S) (Blank).
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(T) (Blank).
| ||
(U) A second or subsequent violation of Section 6-303 | ||
of the Illinois Vehicle Code committed while his or her | ||
driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state.
| ||
(V)
A violation of paragraph (4) of subsection (c) of | ||
Section 11-20.1B or paragraph (4) of subsection (c) of | ||
Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||
(6) of subsection (a) of Section 11-20.1 of the Criminal | ||
Code of 2012 when the victim is under 13 years of age and | ||
the defendant has previously been convicted under the laws | ||
of this State or any other state of the offense of child | ||
pornography, aggravated child pornography, aggravated | ||
criminal sexual abuse, aggravated criminal sexual assault, | ||
predatory criminal sexual assault of a child, or any of | ||
the offenses formerly known as rape, deviate sexual | ||
assault, indecent liberties with a child, or aggravated | ||
indecent liberties with a child where the victim was under | ||
the age of 18 years or an offense that is substantially | ||
equivalent to those offenses. | ||
(W) A violation of Section 24-3.5 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012.
| ||
(X) A violation of subsection (a) of Section 31-1a of | ||
the Criminal Code of 1961 or the Criminal Code of 2012. | ||
(Y) A conviction for unlawful possession of a firearm | ||
by a street gang member when the firearm was loaded or | ||
contained firearm ammunition. | ||
(Z) A Class 1 felony committed while he or she was | ||
serving a term of probation or conditional discharge for a | ||
felony. | ||
(AA) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value. | ||
(BB) Laundering of criminally derived property of a | ||
value exceeding
$500,000. | ||
(CC) Knowingly selling, offering for sale, holding for | ||
sale, or using 2,000 or more counterfeit items or | ||
counterfeit items having a retail value in the aggregate | ||
of $500,000 or more. | ||
(DD) A conviction for aggravated assault under | ||
paragraph (6) of subsection (c) of Section 12-2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if the | ||
firearm is aimed toward the person against whom the | ||
firearm is being used. | ||
(EE) A conviction for a violation of paragraph (2) of | ||
subsection (a) of Section 24-3B of the Criminal Code of | ||
2012. | ||
(3) (Blank).
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(4) A minimum term of imprisonment of not less than 10
| ||
consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 of | ||
the Illinois Vehicle Code.
| ||
(4.1) (Blank).
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(4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||
this subsection (c), a
minimum of
100 hours of community | ||
service shall be imposed for a second violation of
Section | ||
6-303
of the Illinois Vehicle Code.
| ||
(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, shall
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be imposed for a second violation of subsection (c) of Section | ||
6-303 of the
Illinois Vehicle Code.
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(4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||
(4.9) of this
subsection (c), a
minimum term of imprisonment | ||
of 30 days or 300 hours of community service, as
determined by | ||
the court, shall
be imposed
for a third or subsequent | ||
violation of Section 6-303 of the Illinois Vehicle
Code. The | ||
court may give credit toward the fulfillment of community | ||
service hours for participation in activities and treatment as | ||
determined by court services.
| ||
(4.5) A minimum term of imprisonment of 30 days
shall be | ||
imposed for a third violation of subsection (c) of
Section | ||
6-303 of the Illinois Vehicle Code.
| ||
(4.6) Except as provided in paragraph (4.10) of this | ||
subsection (c), a minimum term of imprisonment of 180 days | ||
shall be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||
(4.7) A minimum term of imprisonment of not less than 30 | ||
consecutive days, or 300 hours of community service, shall be | ||
imposed for a violation of subsection (a-5) of Section 6-303 | ||
of the Illinois Vehicle Code, as provided in subsection (b-5) | ||
of that Section.
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(4.8) A mandatory prison sentence shall be imposed for a | ||
second violation of subsection (a-5) of Section 6-303 of the | ||
Illinois Vehicle Code, as provided in subsection (c-5) of that | ||
Section. The person's driving privileges shall be revoked for | ||
a period of not less than 5 years from the date of his or her | ||
release from prison.
| ||
(4.9) A mandatory prison sentence of not less than 4 and | ||
not more than 15 years shall be imposed for a third violation | ||
of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||
Code, as provided in subsection (d-2.5) of that Section. The | ||
person's driving privileges shall be revoked for the remainder | ||
of his or her life.
| ||
(4.10) A mandatory prison sentence for a Class 1 felony | ||
shall be imposed, and the person shall be eligible for an | ||
extended term sentence, for a fourth or subsequent violation | ||
of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||
Code, as provided in subsection (d-3.5) of that Section. The | ||
person's driving privileges shall be revoked for the remainder | ||
of his or her life.
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(5) The court may sentence a corporation or unincorporated
| ||
association convicted of any offense to:
| ||
(A) a period of conditional discharge;
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(B) a fine;
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(C) make restitution to the victim under Section 5-5-6 | ||
of this Code.
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(5.1) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.2) or (5.3), a person
| ||
convicted of violating subsection (c) of Section 11-907 of the | ||
Illinois
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges
suspended for at least 90 days but not | ||
more than one year, if the violation
resulted in damage to the | ||
property of another person.
| ||
(5.2) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.3), a person convicted
of | ||
violating subsection (c) of Section 11-907 of the Illinois | ||
Vehicle Code
shall have his or her driver's license, permit, | ||
or privileges suspended for at
least 180 days but not more than | ||
2 years, if the violation resulted in injury
to
another | ||
person.
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(5.3) In addition to any other penalties imposed, a person | ||
convicted of violating subsection (c) of Section
11-907 of the | ||
Illinois Vehicle Code shall have his or her driver's license,
| ||
permit, or privileges suspended for 2 years, if the violation | ||
resulted in the
death of another person.
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(5.4) In addition to any other penalties imposed, a person | ||
convicted of violating Section 3-707 of the Illinois Vehicle | ||
Code shall have his or her driver's license, permit, or | ||
privileges suspended for 3 months and until he or she has paid | ||
a reinstatement fee of $100. | ||
(5.5) In addition to any other penalties imposed, a person | ||
convicted of violating Section 3-707 of the Illinois Vehicle | ||
Code during a period in which his or her driver's license, | ||
permit, or privileges were suspended for a previous violation | ||
of that Section shall have his or her driver's license, | ||
permit, or privileges suspended for an additional 6 months | ||
after the expiration of the original 3-month suspension and | ||
until he or she has paid a reinstatement fee of $100.
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(6) (Blank).
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(7) (Blank).
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(8) (Blank).
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(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to a | ||
term of natural life imprisonment.
| ||
(10) (Blank).
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(11) The court shall impose a minimum fine of $1,000 for a | ||
first offense
and $2,000 for a second or subsequent offense | ||
upon a person convicted of or
placed on supervision for | ||
battery when the individual harmed was a sports
official or | ||
coach at any level of competition and the act causing harm to | ||
the
sports
official or coach occurred within an athletic | ||
facility or within the immediate vicinity
of the athletic | ||
facility at which the sports official or coach was an active
| ||
participant
of the athletic contest held at the athletic | ||
facility. For the purposes of
this paragraph (11), "sports | ||
official" means a person at an athletic contest
who enforces | ||
the rules of the contest, such as an umpire or referee; | ||
"athletic facility" means an indoor or outdoor playing field | ||
or recreational area where sports activities are conducted;
| ||
and "coach" means a person recognized as a coach by the | ||
sanctioning
authority that conducted the sporting event. | ||
(12) A person may not receive a disposition of court | ||
supervision for a
violation of Section 5-16 of the Boat | ||
Registration and Safety Act if that
person has previously | ||
received a disposition of court supervision for a
violation of | ||
that Section.
| ||
(13) A person convicted of or placed on court supervision | ||
for an assault or aggravated assault when the victim and the | ||
offender are family or household members as defined in Section | ||
103 of the Illinois Domestic Violence Act of 1986 or convicted | ||
of domestic battery or aggravated domestic battery may be | ||
required to attend a Partner Abuse Intervention Program under | ||
protocols set forth by the Illinois Department of Human | ||
Services under such terms and conditions imposed by the court. | ||
The costs of such classes shall be paid by the offender.
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(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of this | ||
Code
which may include evidence of the defendant's life, moral | ||
character and
occupation during the time since the original | ||
sentence was passed. The
trial court shall then impose | ||
sentence upon the defendant. The trial
court may impose any | ||
sentence which could have been imposed at the
original trial | ||
subject to Section 5-5-4 of this Code.
If a sentence is vacated | ||
on appeal or on collateral attack due to the
failure of the | ||
trier of fact at trial to determine beyond a reasonable doubt
| ||
the
existence of a fact (other than a prior conviction) | ||
necessary to increase the
punishment for the offense beyond | ||
the statutory maximum otherwise applicable,
either the | ||
defendant may be re-sentenced to a term within the range | ||
otherwise
provided or, if the State files notice of its | ||
intention to again seek the
extended sentence, the defendant | ||
shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 results in conviction | ||
of a defendant
who was a family member of the victim at the | ||
time of the commission of the
offense, the court shall | ||
consider the safety and welfare of the victim and
may impose a | ||
sentence of probation only where:
| ||
(1) the court finds (A) or (B) or both are | ||
appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of | ||
2 years; or
| ||
(B) the defendant is willing to participate in a | ||
court approved plan
including but not limited to the | ||
defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that | ||
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
| ||
paying for such services, if the victim was under 18 years | ||
of age at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and | ||
"victim" shall have
the meanings ascribed to them in Section | ||
11-0.1 of the Criminal Code of
2012.
| ||
(f) (Blank).
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||
11-14.3, 11-14.4 except for an offense that involves keeping a | ||
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012,
the defendant shall undergo medical | ||
testing to
determine whether the defendant has any sexually | ||
transmissible disease,
including a test for infection with | ||
human immunodeficiency virus (HIV) or
any other identified | ||
causative agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such medical test shall be performed only by appropriately
| ||
licensed medical practitioners and may include an analysis of | ||
any bodily
fluids as well as an examination of the defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such test shall be kept
strictly confidential by all medical | ||
personnel involved in the testing and must
be personally | ||
delivered in a sealed envelope to the judge of the court in | ||
which
the conviction was entered for the judge's inspection in | ||
camera. Acting in
accordance with the best interests of the | ||
victim and the public, the judge
shall have the discretion to | ||
determine to whom, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test | ||
results. The court shall
also notify the victim if requested | ||
by the victim, and if the victim is under
the age of 15 and if | ||
requested by the victim's parents or legal guardian, the
court | ||
shall notify the victim's parents or legal guardian of the | ||
test
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
A | ||
State's Attorney may petition the court to obtain the results | ||
of any HIV test
administered under this Section, and the court | ||
shall grant the disclosure if
the State's Attorney shows it is | ||
relevant in order to prosecute a charge of
criminal | ||
transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012
against the | ||
defendant. The court shall order that the cost of any such test
| ||
shall be paid by the county and may be taxed as costs against | ||
the convicted
defendant.
| ||
(g-5) When an inmate is tested for an airborne | ||
communicable disease, as
determined by the Illinois Department | ||
of Public Health including but not
limited to tuberculosis, | ||
the results of the test shall be
personally delivered by the | ||
warden or his or her designee in a sealed envelope
to the judge | ||
of the court in which the inmate must appear for the judge's
| ||
inspection in camera if requested by the judge. Acting in | ||
accordance with the
best interests of those in the courtroom, | ||
the judge shall have the discretion
to determine what if any | ||
precautions need to be taken to prevent transmission
of the | ||
disease in the courtroom.
| ||
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such test shall be kept strictly | ||
confidential by all
medical personnel involved in the testing | ||
and must be personally delivered in a
sealed envelope to the | ||
judge of the court in which the conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the | ||
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. A State's Attorney may petition the court to | ||
obtain the results of
any HIV test administered under this | ||
Section, and the court shall grant the
disclosure if the | ||
State's Attorney shows it is relevant in order to prosecute a
| ||
charge of criminal transmission of HIV under Section 12-5.01 | ||
or 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||
2012 against the defendant. The court shall order that the | ||
cost of any
such test shall be paid by the county and may be | ||
taxed as costs against the
convicted defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||
Vehicle Code, or a similar
provision of a local ordinance, and | ||
any violation
of the Child Passenger Protection Act, or a | ||
similar provision of a local
ordinance, shall be collected and | ||
disbursed by the circuit
clerk as provided under the Criminal | ||
and Traffic Assessment Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012, any violation of the Illinois Controlled | ||
Substances Act,
any violation of the Cannabis Control Act, or | ||
any violation of the Methamphetamine Control and Community | ||
Protection Act results in conviction, a
disposition of court | ||
supervision, or an order of probation granted under
Section 10 | ||
of the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act of a | ||
defendant, the court shall determine whether the
defendant is | ||
employed by a facility or center as defined under the Child | ||
Care
Act of 1969, a public or private elementary or secondary | ||
school, or otherwise
works with children under 18 years of age | ||
on a daily basis. When a defendant
is so employed, the court | ||
shall order the Clerk of the Court to send a copy of
the | ||
judgment of conviction or order of supervision or probation to | ||
the
defendant's employer by certified mail.
If the employer of | ||
the defendant is a school, the Clerk of the Court shall
direct | ||
the mailing of a copy of the judgment of conviction or order of
| ||
supervision or probation to the appropriate regional | ||
superintendent of schools.
The regional superintendent of | ||
schools shall notify the State Board of
Education of any | ||
notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall | ||
as a condition of his or her sentence be required by the court | ||
to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a high | ||
school diploma or to work toward passing high school | ||
equivalency testing or to work toward
completing a vocational | ||
training program offered by the Department of
Corrections. If | ||
a defendant fails to complete the educational training
| ||
required by his or her sentence during the term of | ||
incarceration, the Prisoner
Review Board shall, as a condition | ||
of mandatory supervised release, require the
defendant, at his | ||
or her own expense, to pursue a course of study toward a high
| ||
school diploma or passage of high school equivalency testing. | ||
The Prisoner Review Board shall
revoke the mandatory | ||
supervised release of a defendant who wilfully fails to
comply | ||
with this subsection (j-5) upon his or her release from | ||
confinement in a
penal institution while serving a mandatory | ||
supervised release term; however,
the inability of the | ||
defendant after making a good faith effort to obtain
financial | ||
aid or pay for the educational training shall not be deemed a | ||
wilful
failure to comply. The Prisoner Review Board shall | ||
recommit the defendant
whose mandatory supervised release term | ||
has been revoked under this subsection
(j-5) as provided in | ||
Section 3-3-9. This subsection (j-5) does not apply to a
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defendant who has a high school diploma or has successfully | ||
passed high school equivalency testing. This subsection (j-5) | ||
does not apply to a defendant who is determined by
the court to | ||
be a person with a developmental disability or otherwise | ||
mentally incapable of
completing the educational or vocational | ||
program.
| ||
(k) (Blank).
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(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is an alien as defined by the | ||
Immigration and Nationality Act, is convicted
of any felony or | ||
misdemeanor offense, the court after sentencing the defendant
| ||
may, upon motion of the State's Attorney, hold sentence in | ||
abeyance and remand
the defendant to the custody of the | ||
Attorney General of
the United States or his or her designated | ||
agent to be deported when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under the | ||
Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct and | ||
would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as provided in | ||
this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on probation | ||
under Section 10 of the Cannabis
Control Act,
Section 410 of | ||
the Illinois Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act, the | ||
court
may, upon motion of the State's Attorney to suspend the
| ||
sentence imposed, commit the defendant to the custody of the | ||
Attorney General
of the United States or his or her designated | ||
agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under the | ||
Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct and | ||
would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who | ||
are subject to the
provisions of paragraph (2) of subsection | ||
(a) of Section 3-6-3.
| ||
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to the | ||
custody of the county from which he or she was
sentenced.
| ||
Thereafter, the defendant shall be brought before the | ||
sentencing court, which
may impose any sentence that was | ||
available under Section 5-5-3 at the time of
initial | ||
sentencing. In addition, the defendant shall not be eligible | ||
for
additional earned sentence credit as provided under
| ||
Section 3-6-3.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, in which the property damage exceeds | ||
$300
and the property damaged is a school building, shall be | ||
ordered to perform
community service that may include cleanup, | ||
removal, or painting over the
defacement.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 (i) to an impact
| ||
incarceration program if the person is otherwise eligible for | ||
that program
under Section 5-8-1.1, (ii) to community service, | ||
or (iii) if the person has a substance use disorder, as defined
| ||
in the Substance Use Disorder Act, to a treatment program
| ||
licensed under that Act. | ||
(o) Whenever a person is convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, the | ||
defendant's driver's license or permit shall be subject to | ||
renewal on an annual basis in accordance with the provisions | ||
of license renewal established by the Secretary of State.
| ||
(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19; | ||
100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
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