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Public Act 099-0938 |
SB2872 Enrolled | LRB099 19925 RLC 44324 b |
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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 Illinois Criminal Justice Information Act is |
amended by changing Section 7 as follows:
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(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
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Sec. 7. Powers and Duties. The Authority shall have the |
following
powers, duties and responsibilities:
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(a) To develop and operate comprehensive information |
systems for the
improvement and coordination of all aspects |
of law enforcement, prosecution
and corrections;
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(b) To define, develop, evaluate and correlate State |
and local programs
and projects associated with the |
improvement of law enforcement and the
administration of |
criminal justice;
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(c) To act as a central repository and clearing house |
for federal, state
and local research studies, plans, |
projects, proposals and other information
relating to all |
aspects of criminal justice system improvement and to |
encourage
educational programs for citizen support of |
State and local efforts to make
such improvements;
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(d) To undertake research studies to aid in |
accomplishing its purposes;
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(e) To monitor the operation of existing criminal |
justice information
systems in order to protect the |
constitutional rights and privacy of
individuals about |
whom criminal history record information has been |
collected;
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(f) To provide an effective administrative forum for |
the protection of
the rights of individuals concerning |
criminal history record information;
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(g) To issue regulations, guidelines and procedures |
which ensure the privacy
and security of criminal history |
record information
consistent with State and federal laws;
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(h) To act as the sole administrative appeal body in |
the State of
Illinois to conduct hearings and make final |
determinations concerning
individual challenges to the |
completeness and accuracy of criminal
history record |
information;
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(i) To act as the sole, official, criminal justice body |
in the State of
Illinois to conduct annual and periodic |
audits of the procedures, policies,
and practices of the |
State central repositories for criminal history
record |
information to verify compliance with federal and state |
laws and
regulations governing such information;
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(j) To advise the Authority's Statistical Analysis |
Center;
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(k) To apply for, receive, establish priorities for, |
allocate, disburse
and spend grants of funds that are made |
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available by and received on or
after January 1, 1983 from |
private sources or from the United States pursuant
to the |
federal Crime Control Act of 1973, as amended, and similar |
federal
legislation, and to enter into agreements with the |
United States government
to further the purposes of this |
Act, or as may be required as a condition
of obtaining |
federal funds;
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(l) To receive, expend and account for such funds of |
the State of Illinois
as may be made available to further |
the purposes of this Act;
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(m) To enter into contracts and to cooperate with units |
of general local
government or combinations of such units, |
State agencies, and criminal justice
system agencies of |
other states for the purpose of carrying out the duties
of |
the Authority imposed by this Act or by the federal Crime |
Control Act
of 1973, as amended;
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(n) To enter into contracts and cooperate with units of |
general local
government outside of Illinois, other |
states' agencies, and private
organizations outside of |
Illinois to provide computer software or design
that has |
been developed for the Illinois criminal justice system, or |
to
participate in the cooperative development or design of |
new software or
systems to be used by the Illinois criminal |
justice system. Revenues
received as a result of such |
arrangements shall be deposited in the
Criminal Justice |
Information Systems Trust Fund ; .
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(o) To establish general policies concerning criminal |
justice information
systems and to promulgate such rules, |
regulations and procedures as are
necessary to the |
operation of the Authority and to the uniform consideration
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of appeals and audits;
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(p) To advise and to make recommendations to the |
Governor and the General
Assembly on policies relating to |
criminal justice information systems;
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(q) To direct all other agencies under the jurisdiction |
of the Governor
to provide whatever assistance and |
information the Authority may lawfully
require to carry out |
its functions;
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(r) To exercise any other powers that are reasonable |
and necessary to
fulfill the responsibilities of the |
Authority under this Act and to comply
with the |
requirements of applicable federal law or regulation;
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(s) To exercise the rights, powers and duties which |
have been vested
in the Authority by the "Illinois Uniform |
Conviction Information Act",
enacted by the 85th General |
Assembly, as hereafter amended;
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(t) To exercise the rights, powers and duties which |
have been vested
in the Authority by the Illinois Motor |
Vehicle Theft Prevention Act;
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(u) To exercise the rights, powers, and duties vested |
in the Authority by the Illinois Public Safety Agency |
Network Act; and |
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(v) To provide technical assistance in the form of |
training to local governmental entities within Illinois |
requesting such assistance for the purposes of procuring |
grants for gang intervention and gang prevention programs |
or other criminal justice programs from the United States |
Department of Justice ; and . |
(w) To conduct strategic planning and provide |
technical assistance to implement comprehensive trauma |
recovery services for violent crime victims in underserved |
communities with high levels of violent crime, with the |
goal of providing a safe, community-based, culturally |
competent environment in which to access services |
necessary to facilitate recovery from the effects of |
chronic and repeat exposure to trauma. Services may |
include, but are not limited to, behavioral health |
treatment, financial recovery, family support and |
relocation assistance, and support in navigating the legal |
system. |
The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader and
the Clerk of the House of |
Representatives and the President, the Minority
Leader and the |
Secretary of the Senate and the Legislative Research
Unit, as |
required by Section 3.1 of "An Act to revise the law in |
relation
to the General Assembly", approved February 25, 1874, |
as amended, and
filing such additional copies with the State |
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Government Report Distribution
Center for the General Assembly |
as is required under paragraph (t) of
Section 7 of the State |
Library Act.
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(Source: P.A. 97-435, eff. 1-1-12.)
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Section 10. The Unified Code of Corrections is amended by |
changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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Sec. 3-6-3. Rules and regulations for sentence credit.
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(a)(1) The Department of Corrections shall prescribe rules
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and regulations for awarding and revoking sentence credit for |
persons committed to the Department which shall
be subject to |
review by the Prisoner Review Board.
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(1.5) As otherwise provided by law, sentence credit may be |
awarded for the following: |
(A) successful completion of programming while in |
custody of the Department or while in custody prior to |
sentencing; |
(B) compliance with the rules and regulations of the |
Department; or |
(C) service to the institution, service to a community, |
or service to the State. |
(2) The rules and regulations on sentence credit shall |
provide, with
respect to offenses listed in clause (i), (ii), |
or (iii) of this paragraph (2) committed on or after June 19, |
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1998 or with respect to the offense listed in clause (iv) of |
this paragraph (2) committed on or after June 23, 2005 (the |
effective date of Public Act 94-71) or with
respect to offense |
listed in clause (vi)
committed on or after June 1, 2008 (the |
effective date of Public Act 95-625)
or with respect to the |
offense of being an armed habitual criminal committed on or |
after August 2, 2005 (the effective date of Public Act 94-398) |
or with respect to the offenses listed in clause (v) of this |
paragraph (2) committed on or after August 13, 2007 (the |
effective date of Public Act 95-134) or with respect to the |
offense of aggravated domestic battery committed on or after |
July 23, 2010 (the effective date of Public Act 96-1224) or |
with respect to the offense of attempt to commit terrorism |
committed on or after January 1, 2013 (the effective date of |
Public Act 97-990), the following:
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(i) that a prisoner who is serving a term of |
imprisonment for first
degree murder or for the offense of |
terrorism shall receive no sentence
credit and shall serve |
the entire
sentence imposed by the court;
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(ii) that a prisoner serving a sentence for attempt to |
commit terrorism, attempt to commit first
degree murder, |
solicitation of murder, solicitation of murder for hire,
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intentional homicide of an unborn child, predatory |
criminal sexual assault of a
child, aggravated criminal |
sexual assault, criminal sexual assault, aggravated
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kidnapping, aggravated battery with a firearm as described |
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in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
(e)(4) of Section 12-3.05, heinous battery as described in |
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
being an armed habitual criminal, aggravated
battery of a |
senior citizen as described in Section 12-4.6 or |
subdivision (a)(4) of Section 12-3.05, or aggravated |
battery of a child as described in Section 12-4.3 or |
subdivision (b)(1) of Section 12-3.05 shall receive no
more |
than 4.5 days of sentence credit for each month of his or |
her sentence
of imprisonment;
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(iii) that a prisoner serving a sentence
for home |
invasion, armed robbery, aggravated vehicular hijacking,
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aggravated discharge of a firearm, or armed violence with a |
category I weapon
or category II weapon, when the court
has |
made and entered a finding, pursuant to subsection (c-1) of |
Section 5-4-1
of this Code, that the conduct leading to |
conviction for the enumerated offense
resulted in great |
bodily harm to a victim, shall receive no more than 4.5 |
days
of sentence credit for each month of his or her |
sentence of imprisonment;
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(iv) that a prisoner serving a sentence for aggravated |
discharge of a firearm, whether or not the conduct leading |
to conviction for the offense resulted in great bodily harm |
to the victim, shall receive no more than 4.5 days of |
sentence credit for each month of his or her sentence of |
imprisonment;
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(v) that a person serving a sentence for gunrunning, |
narcotics racketeering, controlled substance trafficking, |
methamphetamine trafficking, drug-induced homicide, |
aggravated methamphetamine-related child endangerment, |
money laundering pursuant to clause (c) (4) or (5) of |
Section 29B-1 of the Criminal Code of 1961 or the Criminal |
Code of 2012, or a Class X felony conviction for delivery |
of a controlled substance, possession of a controlled |
substance with intent to manufacture or deliver, |
calculated criminal drug conspiracy, criminal drug |
conspiracy, street gang criminal drug conspiracy, |
participation in methamphetamine manufacturing, aggravated |
participation in methamphetamine manufacturing, delivery |
of methamphetamine, possession with intent to deliver |
methamphetamine, aggravated delivery of methamphetamine, |
aggravated possession with intent to deliver |
methamphetamine, methamphetamine conspiracy when the |
substance containing the controlled substance or |
methamphetamine is 100 grams or more shall receive no more |
than 7.5 days sentence credit for each month of his or her |
sentence of imprisonment;
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(vi)
that a prisoner serving a sentence for a second or |
subsequent offense of luring a minor shall receive no more |
than 4.5 days of sentence credit for each month of his or |
her sentence of imprisonment; and
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(vii) that a prisoner serving a sentence for aggravated |
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domestic battery shall receive no more than 4.5 days of |
sentence credit for each month of his or her sentence of |
imprisonment. |
(2.1) For all offenses, other than those enumerated in |
subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
June 23, 2005 (the effective date of Public Act 94-71) or |
subdivision (a)(2)(v) committed on or after August 13, 2007 |
(the effective date of Public Act 95-134)
or subdivision |
(a)(2)(vi) committed on or after June 1, 2008 (the effective |
date of Public Act 95-625) or subdivision (a)(2)(vii) committed |
on or after July 23, 2010 (the effective date of Public Act |
96-1224), and other than the offense of aggravated driving |
under the influence of alcohol, other drug or drugs, or
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intoxicating compound or compounds, or any combination thereof |
as defined in
subparagraph (F) of paragraph (1) of subsection |
(d) of Section 11-501 of the
Illinois Vehicle Code, and other |
than the offense of aggravated driving under the influence of |
alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section |
11-501 of the Illinois Vehicle Code committed on or after |
January 1, 2011 (the effective date of Public Act 96-1230),
the |
rules and regulations shall
provide that a prisoner who is |
serving a term of
imprisonment shall receive one day of |
sentence credit for each day of
his or her sentence of |
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imprisonment or recommitment under Section 3-3-9.
Each day of |
sentence credit shall reduce by one day the prisoner's period
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of imprisonment or recommitment under Section 3-3-9.
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(2.2) A prisoner serving a term of natural life |
imprisonment or a
prisoner who has been sentenced to death |
shall receive no sentence
credit.
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(2.3) The rules and regulations on sentence credit shall |
provide that
a prisoner who is serving a sentence for |
aggravated driving under the influence of alcohol,
other drug |
or drugs, or intoxicating compound or compounds, or any |
combination
thereof as defined in subparagraph (F) of paragraph |
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
Code, shall receive no more than 4.5
days of sentence credit |
for each month of his or her sentence of
imprisonment.
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(2.4) The rules and regulations on sentence credit shall |
provide with
respect to the offenses of aggravated battery with |
a machine gun or a firearm
equipped with any device or |
attachment designed or used for silencing the
report of a |
firearm or aggravated discharge of a machine gun or a firearm
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equipped with any device or attachment designed or used for |
silencing the
report of a firearm, committed on or after
July |
15, 1999 (the effective date of Public Act 91-121),
that a |
prisoner serving a sentence for any of these offenses shall |
receive no
more than 4.5 days of sentence credit for each month |
of his or her sentence
of imprisonment.
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(2.5) The rules and regulations on sentence credit shall |
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provide that a
prisoner who is serving a sentence for |
aggravated arson committed on or after
July 27, 2001 (the |
effective date of Public Act 92-176) shall receive no more than
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4.5 days of sentence credit for each month of his or her |
sentence of
imprisonment.
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(2.6) The rules and regulations on sentence credit shall |
provide that a
prisoner who is serving a sentence for |
aggravated driving under the influence of alcohol,
other drug |
or drugs, or intoxicating compound or compounds or any |
combination
thereof as defined in subparagraph (C) of paragraph |
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
Code committed on or after January 1, 2011 (the effective date |
of Public Act 96-1230) shall receive no more than 4.5
days of |
sentence credit for each month of his or her sentence of
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imprisonment. |
(3) The rules and regulations shall also provide that
the |
Director may award up to 180 days of earned additional sentence
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credit for good conduct in specific instances as the
Director |
deems proper. The good conduct may include, but is not limited |
to, compliance with the rules and regulations of the |
Department, service to the Department, service to a community, |
or service to the State. However, the Director shall not award |
more than 90 days
of sentence credit for good conduct to any |
prisoner who is serving a sentence for
conviction of first |
degree murder, reckless homicide while under the
influence of |
alcohol or any other drug,
or aggravated driving under the |
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influence of alcohol, other drug or drugs, or
intoxicating |
compound or compounds, or any combination thereof as defined in
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subparagraph (F) of paragraph (1) of subsection (d) of Section |
11-501 of the
Illinois Vehicle Code, aggravated kidnapping, |
kidnapping,
predatory criminal sexual assault of a child,
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aggravated criminal sexual assault, criminal sexual assault, |
deviate sexual
assault, aggravated criminal sexual abuse, |
aggravated indecent liberties
with a child, indecent liberties |
with a child, child pornography, heinous
battery as described |
in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
aggravated battery of a spouse, aggravated battery of a spouse
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with a firearm, stalking, aggravated stalking, aggravated |
battery of a child as described in Section 12-4.3 or |
subdivision (b)(1) of Section 12-3.05,
endangering the life or |
health of a child, or cruelty to a child. Notwithstanding the |
foregoing, sentence credit for
good conduct shall not be |
awarded on a
sentence of imprisonment imposed for conviction |
of: (i) one of the offenses
enumerated in subdivision |
(a)(2)(i), (ii), or (iii) when the offense is committed on or |
after
June 19, 1998 or subdivision (a)(2)(iv) when the offense |
is committed on or after June 23, 2005 (the effective date of |
Public Act 94-71) or subdivision (a)(2)(v) when the offense is |
committed on or after August 13, 2007 (the effective date of |
Public Act 95-134)
or subdivision (a)(2)(vi) when the offense |
is committed on or after June 1, 2008 (the effective date of |
Public Act 95-625) or subdivision (a)(2)(vii) when the offense |
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is committed on or after July 23, 2010 (the effective date of |
Public Act 96-1224), (ii) aggravated driving under the |
influence of alcohol, other drug or drugs, or
intoxicating |
compound or compounds, or any combination thereof as defined in
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subparagraph (F) of paragraph (1) of subsection (d) of Section |
11-501 of the
Illinois Vehicle Code, (iii) one of the offenses |
enumerated in subdivision
(a)(2.4) when the offense is |
committed on or after
July 15, 1999 (the effective date of |
Public Act 91-121),
(iv) aggravated arson when the offense is |
committed
on or after July 27, 2001 (the effective date of |
Public Act 92-176), (v) offenses that may subject the offender |
to commitment under the Sexually Violent Persons Commitment |
Act, or (vi) aggravated driving under the influence of alcohol,
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other drug or drugs, or intoxicating compound or compounds or |
any combination
thereof as defined in subparagraph (C) of |
paragraph (1) of subsection (d) of
Section 11-501 of the |
Illinois Vehicle Code committed on or after January 1, 2011 |
(the effective date of Public Act 96-1230).
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Eligible inmates for an award of earned sentence credit |
under
this paragraph (3) may be selected to receive the credit |
at
the Director's or his or her designee's sole discretion.
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Eligibility for the additional earned sentence credit under |
this paragraph (3) shall be based on, but is not limited to, |
the results of any available risk/needs assessment or other |
relevant assessments or evaluations administered by the |
Department using a validated instrument, the circumstances of |
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the crime, any history of conviction for a forcible felony |
enumerated in Section 2-8 of the Criminal Code of 2012, the |
inmate's behavior and disciplinary history while incarcerated, |
and the inmate's commitment to rehabilitation, including |
participation in programming offered by the Department. |
Consideration may be based on, but not limited to, any
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available risk assessment analysis on the inmate, any history |
of conviction for violent crimes as defined by the Rights of |
Crime Victims and Witnesses Act, facts and circumstances of the |
inmate's holding offense or offenses, and the potential for |
rehabilitation. |
The Director shall not award sentence credit under this |
paragraph (3) to an inmate unless the inmate has served a |
minimum of 60 days of the sentence; except nothing in this |
paragraph shall be construed to permit the Director to extend |
an inmate's sentence beyond that which was imposed by the |
court. Prior to awarding credit under this paragraph (3), the |
Director shall make a written determination that the inmate: |
(A) is eligible for the earned sentence credit; |
(B) has served a minimum of 60 days, or as close to 60 |
days as the sentence will allow; and |
(B-1) has received a risk/needs assessment or other |
relevant evaluation or assessment administered by the |
Department using a validated instrument; and |
(C) has met the eligibility criteria established under |
paragraph (4) of this subsection (a) and by rule for earned |
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sentence credit . |
The Director shall determine the form and content of the |
written determination required in this subsection. |
(3.5) The Department shall provide annual written reports |
to the Governor and the General Assembly on the award of earned |
sentence credit no later than February 1 of each year for good |
conduct, with the first report due January 1, 2014 . The |
Department must publish both reports on its website within 48 |
hours of transmitting the reports to the Governor and the |
General Assembly. The reports must include: |
(A) the number of inmates awarded earned sentence |
credit for good conduct ; |
(B) the average amount of earned sentence credit for |
good conduct awarded; |
(C) the holding offenses of inmates awarded earned |
sentence credit for good conduct ; and |
(D) the number of earned sentence credit for good |
conduct revocations. |
(4) The rules and regulations shall also provide that the |
sentence
credit accumulated and retained under paragraph (2.1) |
of subsection (a) of
this Section by any inmate during specific |
periods of time in which such
inmate is engaged full-time in |
substance abuse programs, correctional
industry assignments, |
educational programs, behavior modification programs, life |
skills courses, or re-entry planning provided by the Department
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under this paragraph (4) and satisfactorily completes the |
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assigned program as
determined by the standards of the |
Department, shall be multiplied by a factor
of 1.25 for program |
participation before August 11, 1993
and 1.50 for program |
participation on or after that date.
The rules and regulations |
shall also provide that sentence credit, subject to the same |
offense limits and multiplier provided in this paragraph, may |
be provided to an inmate who was held in pre-trial detention |
prior to his or her current commitment to the Department of |
Corrections and successfully completed a full-time, 60-day or |
longer substance abuse program, educational program, behavior |
modification program, life skills course, or re-entry planning |
provided by the county department of corrections or county |
jail. Calculation of this county program credit shall be done |
at sentencing as provided in Section 5-4.5-100 of this Code and |
shall be included in the sentencing order. However, no inmate |
shall be eligible for the additional sentence credit
under this |
paragraph (4) or (4.1) of this subsection (a) while assigned to |
a boot camp
or electronic detention, or if convicted of an |
offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of |
this Section that is committed on or after June 19,
1998 or |
subdivision (a)(2)(iv) of this Section that is committed on or |
after June 23, 2005 (the effective date of Public Act 94-71) or |
subdivision (a)(2)(v) of this Section that is committed on or |
after August 13, 2007 (the effective date of Public Act 95-134)
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or subdivision (a)(2)(vi) when the offense is committed on or |
after June 1, 2008 (the effective date of Public Act 95-625) or |
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subdivision (a)(2)(vii) when the offense is committed on or |
after July 23, 2010 (the effective date of Public Act 96-1224), |
or if convicted of aggravated driving under the influence of |
alcohol, other drug or drugs, or
intoxicating compound or |
compounds or any combination thereof as defined in
subparagraph |
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
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Illinois Vehicle Code, or if convicted of aggravated driving |
under the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds or any combination
thereof |
as defined in subparagraph (C) of paragraph (1) of subsection |
(d) of
Section 11-501 of the Illinois Vehicle Code committed on |
or after January 1, 2011 (the effective date of Public Act |
96-1230), or if convicted of an offense enumerated in paragraph
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(a)(2.4) of this Section that is committed on or after
July 15, |
1999 (the effective date of Public Act 91-121),
or first degree |
murder, a Class X felony, criminal sexual
assault, felony |
criminal sexual abuse, aggravated criminal sexual abuse,
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aggravated battery with a firearm as described in Section |
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
Section 12-3.05, or any predecessor or successor offenses
with |
the same or substantially the same elements, or any inchoate |
offenses
relating to the foregoing offenses. No inmate shall be |
eligible for the
additional good conduct credit under this |
paragraph (4) who (i) has previously
received increased good |
conduct credit under this paragraph (4) and has
subsequently |
been convicted of a
felony, or (ii) has previously served more |
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than one prior sentence of
imprisonment for a felony in an |
adult correctional facility.
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Educational, vocational, substance abuse, behavior |
modification programs, life skills courses, re-entry planning, |
and correctional
industry programs under which sentence credit |
may be increased under
this paragraph (4) and paragraph (4.1) |
of this subsection (a) shall be evaluated by the Department on |
the basis of
documented standards. The Department shall report |
the results of these
evaluations to the Governor and the |
General Assembly by September 30th of each
year. The reports |
shall include data relating to the recidivism rate among
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program participants.
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Availability of these programs shall be subject to the
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limits of fiscal resources appropriated by the General Assembly |
for these
purposes. Eligible inmates who are denied immediate |
admission shall be
placed on a waiting list under criteria |
established by the Department.
The inability of any inmate to |
become engaged in any such programs
by reason of insufficient |
program resources or for any other reason
established under the |
rules and regulations of the Department shall not be
deemed a |
cause of action under which the Department or any employee or
|
agent of the Department shall be liable for damages to the |
inmate.
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(4.1) The rules and regulations shall also provide that an |
additional 90 days of sentence credit shall be awarded to any |
prisoner who passes high school equivalency testing while the |
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prisoner is committed to the Department of Corrections. The |
sentence credit awarded under this paragraph (4.1) shall be in |
addition to, and shall not affect, the award of sentence credit |
under any other paragraph of this Section, but shall also be |
pursuant to the guidelines and restrictions set forth in |
paragraph (4) of subsection (a) of this Section.
The sentence |
credit provided for in this paragraph shall be available only |
to those prisoners who have not previously earned a high school |
diploma or a high school equivalency certificate. If, after an |
award of the high school equivalency testing sentence credit |
has been made, the Department determines that the prisoner was |
not eligible, then the award shall be revoked.
The Department |
may also award 90 days of sentence credit to any committed |
person who passed high school equivalency testing while he or |
she was held in pre-trial detention prior to the current |
commitment to the Department of Corrections. |
(4.5) The rules and regulations on sentence credit shall |
also provide that
when the court's sentencing order recommends |
a prisoner for substance abuse treatment and the
crime was |
committed on or after September 1, 2003 (the effective date of
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Public Act 93-354), the prisoner shall receive no sentence |
credit awarded under clause (3) of this subsection (a) unless |
he or she participates in and
completes a substance abuse |
treatment program. The Director may waive the requirement to |
participate in or complete a substance abuse treatment program |
and award the sentence credit in specific instances if the |
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prisoner is not a good candidate for a substance abuse |
treatment program for medical, programming, or operational |
reasons. Availability of
substance abuse treatment shall be |
subject to the limits of fiscal resources
appropriated by the |
General Assembly for these purposes. If treatment is not
|
available and the requirement to participate and complete the |
treatment has not been waived by the Director, the prisoner |
shall be placed on a waiting list under criteria
established by |
the Department. The Director may allow a prisoner placed on
a |
waiting list to participate in and complete a substance abuse |
education class or attend substance
abuse self-help meetings in |
lieu of a substance abuse treatment program. A prisoner on a |
waiting list who is not placed in a substance abuse program |
prior to release may be eligible for a waiver and receive |
sentence credit under clause (3) of this subsection (a) at the |
discretion of the Director.
|
(4.6) The rules and regulations on sentence credit shall |
also provide that a prisoner who has been convicted of a sex |
offense as defined in Section 2 of the Sex Offender |
Registration Act shall receive no sentence credit unless he or |
she either has successfully completed or is participating in |
sex offender treatment as defined by the Sex Offender |
Management Board. However, prisoners who are waiting to receive |
treatment, but who are unable to do so due solely to the lack |
of resources on the part of the Department, may, at the |
Director's sole discretion, be awarded sentence credit at a |
|
rate as the Director shall determine. |
(5) Whenever the Department is to release any inmate |
earlier than it
otherwise would because of a grant of earned |
sentence credit for good conduct under paragraph (3) of |
subsection (a) of this Section given at any time during the |
term, the Department shall give
reasonable notice of the |
impending release not less than 14 days prior to the date of |
the release to the State's
Attorney of the county where the |
prosecution of the inmate took place, and if applicable, the |
State's Attorney of the county into which the inmate will be |
released. The Department must also make identification |
information and a recent photo of the inmate being released |
accessible on the Internet by means of a hyperlink labeled |
"Community Notification of Inmate Early Release" on the |
Department's World Wide Web homepage.
The identification |
information shall include the inmate's: name, any known alias, |
date of birth, physical characteristics, commitment offense |
and county where conviction was imposed. The identification |
information shall be placed on the website within 3 days of the |
inmate's release and the information may not be removed until |
either: completion of the first year of mandatory supervised |
release or return of the inmate to custody of the Department.
|
(b) Whenever a person is or has been committed under
|
several convictions, with separate sentences, the sentences
|
shall be construed under Section 5-8-4 in granting and
|
forfeiting of sentence credit.
|
|
(c) The Department shall prescribe rules and regulations
|
for revoking sentence credit, including revoking sentence |
credit awarded for good conduct under paragraph (3) of |
subsection (a) of this Section. The Department shall prescribe |
rules and regulations for suspending or reducing
the rate of |
accumulation of sentence credit for specific
rule violations, |
during imprisonment. These rules and regulations
shall provide |
that no inmate may be penalized more than one
year of sentence |
credit for any one infraction.
|
When the Department seeks to revoke, suspend or reduce
the |
rate of accumulation of any sentence credits for
an alleged |
infraction of its rules, it shall bring charges
therefor |
against the prisoner sought to be so deprived of
sentence |
credits before the Prisoner Review Board as
provided in |
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
amount of credit at issue exceeds 30 days or
when during any 12 |
month period, the cumulative amount of
credit revoked exceeds |
30 days except where the infraction is committed
or discovered |
within 60 days of scheduled release. In those cases,
the |
Department of Corrections may revoke up to 30 days of sentence |
credit.
The Board may subsequently approve the revocation of |
additional sentence credit, if the Department seeks to revoke |
sentence credit in
excess of 30 days. However, the Board shall |
not be empowered to review the
Department's decision with |
respect to the loss of 30 days of sentence
credit within any |
calendar year for any prisoner or to increase any penalty
|
|
beyond the length requested by the Department.
|
The Director of the Department of Corrections, in |
appropriate cases, may
restore up to 30 days of sentence |
credits which have been revoked, suspended
or reduced. Any |
restoration of sentence credits in excess of 30 days shall
be |
subject to review by the Prisoner Review Board. However, the |
Board may not
restore sentence credit in excess of the amount |
requested by the Director.
|
Nothing contained in this Section shall prohibit the |
Prisoner Review Board
from ordering, pursuant to Section |
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
sentence imposed by the court that was not served due to the
|
accumulation of sentence credit.
|
(d) If a lawsuit is filed by a prisoner in an Illinois or |
federal court
against the State, the Department of Corrections, |
or the Prisoner Review Board,
or against any of
their officers |
or employees, and the court makes a specific finding that a
|
pleading, motion, or other paper filed by the prisoner is |
frivolous, the
Department of Corrections shall conduct a |
hearing to revoke up to
180 days of sentence credit by bringing |
charges against the prisoner
sought to be deprived of the |
sentence credits before the Prisoner Review
Board as provided |
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
prisoner has not accumulated 180 days of sentence credit at the
|
time of the finding, then the Prisoner Review Board may revoke |
all
sentence credit accumulated by the prisoner.
|
|
For purposes of this subsection (d):
|
(1) "Frivolous" means that a pleading, motion, or other |
filing which
purports to be a legal document filed by a |
prisoner in his or her lawsuit meets
any or all of the |
following criteria:
|
(A) it lacks an arguable basis either in law or in |
fact;
|
(B) it is being presented for any improper purpose, |
such as to harass or
to cause unnecessary delay or |
needless increase in the cost of litigation;
|
(C) the claims, defenses, and other legal |
contentions therein are not
warranted by existing law |
or by a nonfrivolous argument for the extension,
|
modification, or reversal of existing law or the |
establishment of new law;
|
(D) the allegations and other factual contentions |
do not have
evidentiary
support or, if specifically so |
identified, are not likely to have evidentiary
support |
after a reasonable opportunity for further |
investigation or discovery;
or
|
(E) the denials of factual contentions are not |
warranted on the
evidence, or if specifically so |
identified, are not reasonably based on a lack
of |
information or belief.
|
(2) "Lawsuit" means a motion pursuant to Section
116-3 |
of the Code of Criminal Procedure of 1963, a habeas corpus |
|
action under
Article X of the Code of Civil Procedure or |
under federal law (28 U.S.C. 2254),
a petition for claim |
under the Court of Claims Act, an action under the
federal |
Civil Rights Act (42 U.S.C. 1983), or a second or |
subsequent petition for post-conviction relief under |
Article 122 of the Code of Criminal Procedure of 1963 |
whether filed with or without leave of court or a second or |
subsequent petition for relief from judgment under Section |
2-1401 of the Code of Civil Procedure.
|
(e) Nothing in Public Act 90-592 or 90-593 affects the |
validity of Public Act 89-404.
|
(f) Whenever the Department is to release any inmate who |
has been convicted of a violation of an order of protection |
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
the Criminal Code of 2012, earlier than it
otherwise would |
because of a grant of sentence credit, the Department, as a |
condition of release, shall require that the person, upon |
release, be placed under electronic surveillance as provided in |
Section 5-8A-7 of this Code. |
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, |
eff. 1-1-16; 99-642, eff. 7-28-16.)
|
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
|
Sec. 5-4-1. Sentencing Hearing.
|
(a) Except when the death penalty is
sought under hearing |
procedures otherwise specified, after a
determination of |
|
guilt, a hearing shall be held to impose the sentence.
However, |
prior to the imposition of sentence on an individual being
|
sentenced for an offense based upon a charge for a violation of |
Section
11-501 of the Illinois Vehicle Code or a similar |
provision of a local
ordinance, the individual must undergo a |
professional evaluation to
determine if an alcohol or other |
drug abuse problem exists and the extent
of such a problem. |
Programs conducting these evaluations shall be
licensed by the |
Department of Human Services. However, if the individual is
not |
a resident of Illinois, the court
may, in its discretion, |
accept an evaluation from a program in the state of
such |
individual's residence. The court may in its sentencing order |
approve an
eligible defendant for placement in a Department of |
Corrections impact
incarceration program as provided in |
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing |
order recommend a defendant for placement in a Department of |
Corrections substance abuse treatment program as provided in |
paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
upon the defendant being accepted in a program by the |
Department of Corrections. At the
hearing the court
shall:
|
(1) consider the evidence, if any, received upon the |
trial;
|
(2) consider any presentence reports;
|
(3) consider the financial impact of incarceration |
based on the
financial impact statement filed with the |
clerk of the court by the
Department of Corrections;
|
|
(4) consider evidence and information offered by the |
parties in
aggravation and mitigation; |
(4.5) consider substance abuse treatment, eligibility |
screening, and an assessment, if any, of the defendant by |
an agent designated by the State of Illinois to provide |
assessment services for the Illinois courts;
|
(5) hear arguments as to sentencing alternatives;
|
(6) afford the defendant the opportunity to make a |
statement in his
own behalf;
|
(7) afford the victim of a violent crime or a violation |
of Section
11-501 of the Illinois Vehicle Code, or a |
similar provision of a local
ordinance, or a qualified |
individual affected by: (i) a violation of Section
405, |
405.1, 405.2, or 407 of the Illinois Controlled Substances |
Act or a violation of Section 55 or Section 65 of the |
Methamphetamine Control and Community Protection Act,
or |
(ii) a Class 4 felony violation of Section 11-14, 11-14.3 |
except as described in subdivisions (a)(2)(A) and |
(a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the |
Criminal Code of 1961 or the Criminal Code of 2012,
|
committed by the defendant the opportunity to make a |
statement
concerning the impact on the victim and to offer |
evidence in aggravation or
mitigation; provided that the |
statement and evidence offered in aggravation
or |
mitigation must first be prepared in writing in conjunction |
with the
State's Attorney before it may be presented orally |
|
at the hearing. Any
sworn testimony offered by the victim |
is subject to the defendant's right
to cross-examine. All |
statements and evidence offered under this paragraph
(7) |
shall become part of the record of the court. For the |
purpose of this
paragraph (7), "qualified individual" |
means any person who (i) lived or worked
within the |
territorial jurisdiction where the offense took place when |
the
offense took place;
and (ii) is familiar with various |
public places within the territorial
jurisdiction where
|
the offense took place when the offense took place. For the |
purposes of
this paragraph (7), "qualified individual" |
includes any peace officer,
or any member of any duly |
organized State, county, or municipal peace unit
assigned |
to the territorial jurisdiction where the offense took |
place when the
offense took
place;
|
(8) in cases of reckless homicide afford the victim's |
spouse,
guardians, parents or other immediate family |
members an opportunity to make
oral statements;
|
(9) in cases involving a felony sex offense as defined |
under the Sex
Offender
Management Board Act, consider the |
results of the sex offender evaluation
conducted pursuant |
to Section 5-3-2 of this Act; and
|
(10) make a finding of whether a motor vehicle was used |
in the commission of the offense for which the defendant is |
being sentenced. |
(b) All sentences shall be imposed by the judge based upon |
|
his
independent assessment of the elements specified above and |
any agreement
as to sentence reached by the parties. The judge |
who presided at the
trial or the judge who accepted the plea of |
guilty shall impose the
sentence unless he is no longer sitting |
as a judge in that court. Where
the judge does not impose |
sentence at the same time on all defendants
who are convicted |
as a result of being involved in the same offense, the
|
defendant or the State's Attorney may advise the sentencing |
court of the
disposition of any other defendants who have been |
sentenced.
|
(b-1) In imposing a sentence of imprisonment or periodic |
imprisonment for a Class 3 or Class 4 felony for which a |
sentence of probation or conditional discharge is an available |
sentence, if the defendant has no prior sentence of probation |
or conditional discharge and no prior conviction for a violent |
crime, the defendant shall not be sentenced to imprisonment |
before review and consideration of a presentence report and |
determination and explanation of why the particular evidence, |
information, factor in aggravation, factual finding, or other |
reasons support a sentencing determination that one or more of |
the factors under subsection (a) of Section 5-6-1 of this Code |
apply and that probation or conditional discharge is not an |
appropriate sentence. |
(c) In imposing a sentence for a violent crime or for an |
offense of
operating or being in physical control of a vehicle |
while under the
influence of alcohol, any other drug or any |
|
combination thereof, or a
similar provision of a local |
ordinance, when such offense resulted in the
personal injury to |
someone other than the defendant, the trial judge shall
specify |
on the record the particular evidence, information, factors in
|
mitigation and aggravation or other reasons that led to his |
sentencing
determination. The full verbatim record of the |
sentencing hearing shall be
filed with the clerk of the court |
and shall be a public record.
|
(c-1) In imposing a sentence for the offense of aggravated |
kidnapping for
ransom, home invasion, armed robbery, |
aggravated vehicular hijacking,
aggravated discharge of a |
firearm, or armed violence with a category I weapon
or category |
II weapon,
the trial judge shall make a finding as to whether |
the conduct leading to
conviction for the offense resulted in |
great bodily harm to a victim, and
shall enter that finding and |
the basis for that finding in the record.
|
(c-2) If the defendant is sentenced to prison, other than |
when a sentence of
natural life imprisonment or a sentence of |
death is imposed, at the time
the sentence is imposed the judge |
shall
state on the record in open court the approximate period |
of time the defendant
will serve in custody according to the |
then current statutory rules and
regulations for sentence |
credit found in Section 3-6-3 and other related
provisions of |
this Code. This statement is intended solely to inform the
|
public, has no legal effect on the defendant's actual release, |
and may not be
relied on by the defendant on appeal.
|
|
The judge's statement, to be given after pronouncing the |
sentence, other than
when the sentence is imposed for one of |
the offenses enumerated in paragraph
(a)(4) (a)(3) of Section |
3-6-3, shall include the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this |
case, assuming the defendant
receives all of his or her |
sentence credit, the period of estimated actual
custody is ... |
years and ... months, less up to 180 days additional earned |
sentence credit for good conduct . If the defendant, because of |
his or
her own misconduct or failure to comply with the |
institutional regulations,
does not receive those credits, the |
actual time served in prison will be
longer. The defendant may |
also receive an additional one-half day sentence
credit for |
each day of participation in vocational, industry, substance |
abuse,
and educational programs as provided for by Illinois |
statute."
|
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(3) of Section 3-6-3, other than |
when the sentence is imposed for one of the
offenses enumerated |
in paragraph (a)(2) of Section 3-6-3 committed on or after
June |
19, 1998, and other than when the sentence is imposed for
|
|
reckless homicide as defined in subsection (e) of Section 9-3 |
of the Criminal
Code of 1961 or the Criminal Code of 2012 if |
the offense was committed on or after January 1, 1999, and
|
other than when the sentence is imposed for aggravated arson if |
the offense was
committed on or after July 27, 2001 (the |
effective date of Public Act
92-176), and
other than when the |
sentence is imposed for aggravated driving under the influence |
of alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section |
11-501 of the Illinois Vehicle Code committed on or after |
January 1, 2011 (the effective date of Public Act 96-1230), the
|
judge's statement, to be given after pronouncing the sentence, |
shall include
the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and the Illinois Prisoner Review Board. In this |
case,
assuming the defendant
receives all of his or her |
sentence credit, the period of estimated actual
custody is ... |
years and ... months, less up to 90 days additional sentence |
credit for good conduct. If the defendant, because of his or
|
her own misconduct or failure to comply with the institutional |
regulations,
does not receive those credits, the actual time |
|
served in prison will be
longer. The defendant may also receive |
an additional one-half day sentence
credit for each day of |
participation in vocational, industry, substance abuse,
and |
educational programs as provided for by Illinois statute."
|
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
first degree murder, and the offense was
committed on or after |
June 19, 1998, and when the sentence is imposed for
reckless |
homicide as defined in subsection (e) of Section 9-3 of the |
Criminal
Code of 1961 or the Criminal Code of 2012 if the |
offense was committed on or after January 1, 1999,
and when the |
sentence is imposed for aggravated driving under the influence
|
of alcohol, other drug or drugs, or intoxicating compound or |
compounds, or
any combination thereof as defined in |
subparagraph (F) of paragraph (1) of
subsection (d) of Section |
11-501 of the Illinois Vehicle Code, and when
the sentence is |
imposed for aggravated arson if the offense was committed
on or |
after July 27, 2001 (the effective date of Public Act 92-176), |
and when
the sentence is imposed for aggravated driving under |
the influence of alcohol,
other drug or drugs, or intoxicating |
compound or compounds, or any combination
thereof as defined in |
subparagraph (C) of paragraph (1) of subsection (d) of
Section |
11-501 of the Illinois Vehicle Code committed on or after |
January 1, 2011 (the effective date of Public Act 96-1230), the |
judge's
statement, to be given after pronouncing the sentence, |
shall include the
following:
|
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this |
case,
the defendant is entitled to no more than 4 1/2 days of |
sentence credit for
each month of his or her sentence of |
imprisonment. Therefore, this defendant
will serve at least 85% |
of his or her sentence. Assuming the defendant
receives 4 1/2 |
days credit for each month of his or her sentence, the period
|
of estimated actual custody is ... years and ... months. If the |
defendant,
because of his or her own misconduct or failure to |
comply with the
institutional regulations receives lesser |
credit, the actual time served in
prison will be longer."
|
When a sentence of imprisonment is imposed for first degree |
murder and
the offense was committed on or after June 19, 1998, |
the judge's statement,
to be given after pronouncing the |
sentence, shall include the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department
of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the
defendant is not entitled to sentence credit. |
|
Therefore, this defendant
will serve 100% of his or her |
sentence."
|
When the sentencing order recommends placement in a |
substance abuse program for any offense that results in |
incarceration
in a Department of Corrections facility and the |
crime was
committed on or after September 1, 2003 (the |
effective date of Public Act
93-354), the judge's
statement, in |
addition to any other judge's statement required under this
|
Section, to be given after pronouncing the sentence, shall |
include the
following:
|
"The purpose of this statement is to inform the public of
|
the actual period of time this defendant is likely to spend in
|
prison as a result of this sentence. The actual period of
|
prison time served is determined by the statutes of Illinois as
|
applied to this sentence by the Illinois Department of
|
Corrections and the Illinois Prisoner Review Board. In this
|
case, the defendant shall receive no earned sentence credit for |
good conduct under clause (3) of subsection (a) of Section |
3-6-3 until he or
she participates in and completes a substance |
abuse treatment program or receives a waiver from the Director |
of Corrections pursuant to clause (4.5) of subsection (a) of |
Section 3-6-3."
|
(c-4) Before the sentencing hearing and as part of the |
presentence investigation under Section 5-3-1, the court shall |
inquire of the defendant whether the defendant is currently |
serving in or is a veteran of the Armed Forces of the United |
|
States.
If the defendant is currently serving in the Armed |
Forces of the United States or is a veteran of the Armed Forces |
of the United States and has been diagnosed as having a mental |
illness by a qualified psychiatrist or clinical psychologist or |
physician, the court may: |
(1) order that the officer preparing the presentence |
report consult with the United States Department of |
Veterans Affairs, Illinois Department of Veterans' |
Affairs, or another agency or person with suitable |
knowledge or experience for the purpose of providing the |
court with information regarding treatment options |
available to the defendant, including federal, State, and |
local programming; and |
(2) consider the treatment recommendations of any |
diagnosing or treating mental health professionals |
together with the treatment options available to the |
defendant in imposing sentence. |
For the purposes of this subsection (c-4), "qualified |
psychiatrist" means a reputable physician licensed in Illinois |
to practice medicine in all its branches, who has specialized |
in the diagnosis and treatment of mental and nervous disorders |
for a period of not less than 5 years. |
(c-6) In imposing a sentence, the trial judge shall |
specify, on the record, the particular evidence and other |
reasons which led to his or her determination that a motor |
vehicle was used in the commission of the offense. |
|
(d) When the defendant is committed to the Department of
|
Corrections, the State's Attorney shall and counsel for the |
defendant
may file a statement with the clerk of the court to |
be transmitted to
the department, agency or institution to |
which the defendant is
committed to furnish such department, |
agency or institution with the
facts and circumstances of the |
offense for which the person was
committed together with all |
other factual information accessible to them
in regard to the |
person prior to his commitment relative to his habits,
|
associates, disposition and reputation and any other facts and
|
circumstances which may aid such department, agency or |
institution
during its custody of such person. The clerk shall |
within 10 days after
receiving any such statements transmit a |
copy to such department, agency
or institution and a copy to |
the other party, provided, however, that
this shall not be |
cause for delay in conveying the person to the
department, |
agency or institution to which he has been committed.
|
(e) The clerk of the court shall transmit to the |
department,
agency or institution, if any, to which the |
defendant is committed, the
following:
|
(1) the sentence imposed;
|
(2) any statement by the court of the basis for |
imposing the sentence;
|
(3) any presentence reports;
|
(3.5) any sex offender evaluations;
|
(3.6) any substance abuse treatment eligibility |
|
screening and assessment of the defendant by an agent |
designated by the State of Illinois to provide assessment |
services for the Illinois courts;
|
(4) the number of days, if any, which the defendant has |
been in
custody and for which he is entitled to credit |
against the sentence,
which information shall be provided |
to the clerk by the sheriff;
|
(4.1) any finding of great bodily harm made by the |
court with respect
to an offense enumerated in subsection |
(c-1);
|
(5) all statements filed under subsection (d) of this |
Section;
|
(6) any medical or mental health records or summaries |
of the defendant;
|
(7) the municipality where the arrest of the offender |
or the commission
of the offense has occurred, where such |
municipality has a population of
more than 25,000 persons;
|
(8) all statements made and evidence offered under |
paragraph (7) of
subsection (a) of this Section; and
|
(9) all additional matters which the court directs the |
clerk to
transmit.
|
(f) In cases in which the court finds that a motor vehicle |
was used in the commission of the offense for which the |
defendant is being sentenced, the clerk of the court shall, |
within 5 days thereafter, forward a report of such conviction |
to the Secretary of State. |
|
(Source: P.A. 99-861, eff. 1-1-17 .)
|
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
Sec. 5-5-3. Disposition.
|
(a) (Blank).
|
(b) (Blank).
|
(c) (1) (Blank).
|
(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
imprisonment:
|
(A) First degree murder where the death penalty is not |
imposed.
|
(B) Attempted first degree murder.
|
(C) A Class X felony.
|
(D) A violation of Section 401.1 or 407 of the
Illinois |
Controlled Substances Act, or a violation of subdivision |
(c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
to more than 5 grams of a substance
containing cocaine, |
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). A violation of Section 5.1 or 9 of the |
Cannabis Control
Act.
|
(F) A Class 1 2 or greater felony if the offender had |
been convicted
of a Class 1 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 1 2 or greater felony) classified as a |
Class 1 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 Alcoholism and Other Drug Abuse and
|
Dependency Act.
|
(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 Alcoholism |
and Other Drug Abuse and Dependency 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 Alcoholism and Other Drug Abuse and |
Dependency Act.
|
(H) Criminal sexual assault.
|
(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.
|
(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.
|
(K) Vehicular hijacking.
|
(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.
|
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners |
Identification Card Act.
|
(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.
|
(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.
|
(S) (Blank).
|
(T) (Blank). A second or subsequent violation of the |
Methamphetamine Control and Community Protection Act.
|
(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).
|
(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).
|
(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
|
|
be imposed for a second violation of subsection (c) of Section |
6-303 of the
Illinois Vehicle Code.
|
(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.
|
(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.
|
(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.
|
(5) The court may sentence a corporation or unincorporated
|
association convicted of any offense to:
|
(A) a period of conditional discharge;
|
(B) a fine;
|
(C) make restitution to the victim under Section 5-5-6 |
of this Code.
|
(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.
|
(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.
|
(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.
|
(6) (Blank).
|
(7) (Blank).
|
(8) (Blank).
|
|
(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).
|
(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.
|
(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 the |
Unified Code of Corrections
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 the Unified Code of |
Corrections.
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 Section 27.5 |
of the Clerks of Courts 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
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).
|
(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 for good conduct 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
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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 is an
addict or alcoholic, as defined in |
the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
substance or alcohol abuse 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.
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(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
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