Public Act 93-0317
HB2478 Enrolled LRB093 02439 RLC 02447 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 5-4-1 as follows:
(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. 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;
(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 (ii) a Class 4 felony
violation of Section 11-14, 11-15, 11-17, 11-18, 11-18.1,
or 11-19 of the Criminal Code of 1961, 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; and
(8) in cases of reckless homicide afford the
victim's spouse, guardians, parents or other immediate
family members an opportunity to make oral statements.
(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.
(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 early release 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)(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 good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. 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
good conduct 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 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 the effective date of this
amendatory Act of the 92nd General Assembly, 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 good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. 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
good conduct 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 if the offense was committed on
or after January 1, 1999, and when the sentence is imposed
for aggravated arson if the offense was committed on or after
the effective date of this amendatory Act of the 92nd General
Assembly, 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
good conduct 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 good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
(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;
(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.
(Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01;
92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)