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Public Act 094-0156 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Sections 3-6-3 and 5-4-1 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 Early Release.
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(a) (1) The Department of Corrections shall prescribe | ||||
rules
and regulations for the early release on account of | ||||
good
conduct of persons committed to the Department which | ||||
shall
be subject to review by the Prisoner Review Board.
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(2) The rules and regulations on early release shall | ||||
provide, with
respect to offenses committed on or after | ||||
June 19, 1998, 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 good conduct
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 first
degree murder, solicitation of murder, | ||||
solicitation of murder for hire,
intentional homicide | ||||
of an unborn child, predatory criminal sexual assault | ||||
of a
child, aggravated criminal sexual assault, | ||||
criminal sexual assault, aggravated
kidnapping, | ||||
aggravated battery with a firearm, heinous battery, | ||||
aggravated
battery of a senior citizen, or aggravated | ||||
battery of a child shall receive no
more than 4.5 days | ||||
of good conduct credit for each month of his or her | ||||
sentence
of imprisonment; and
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(iii) that a prisoner serving a sentence
for home | ||||
invasion, armed robbery, aggravated vehicular | ||||
hijacking,
aggravated discharge of a firearm, or armed |
violence with a category I weapon
or category II | ||
weapon, when the court
has made and entered a finding, | ||
pursuant to subsection (c-1) of Section 5-4-1
of this | ||
Code, that the conduct leading to conviction for the | ||
enumerated offense
resulted in great bodily harm to a | ||
victim, shall receive no more than 4.5 days
of good | ||
conduct credit for each month of his or her sentence of | ||
imprisonment.
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(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)
committed on or after June 19, 1998, and | ||
other than the offense of reckless
homicide as defined in | ||
subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||
committed on or after January 1, 1999,
or aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, or
intoxicating compound or compounds, or any | ||
combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code,
the rules and regulations shall
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provide that a prisoner who is serving a term of
| ||
imprisonment shall receive one day of good conduct credit | ||
for each day of
his or her sentence of imprisonment or | ||
recommitment under Section 3-3-9.
Each day of good conduct | ||
credit shall reduce by one day the prisoner's period
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 good conduct
credit.
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(2.3) The rules and regulations on early release shall | ||
provide that
a prisoner who is serving a sentence for | ||
reckless homicide as defined in
subsection (e) of Section | ||
9-3 of the Criminal Code of 1961 committed on or
after | ||
January 1, 1999, or aggravated driving under the influence | ||
of alcohol,
other drug or drugs, or intoxicating compound | ||
or compounds, or any combination
thereof as defined in | ||
subparagraph (F) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code, shall receive |
no more than 4.5
days of good conduct credit for each month | ||
of his or her sentence of
imprisonment.
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(2.4) The rules and regulations on early release shall | ||
provide with
respect to the offenses of aggravated battery | ||
with a machine gun or a firearm
equipped with any device or | ||
attachment designed or used for silencing the
report of a | ||
firearm or aggravated discharge of a machine gun or a | ||
firearm
equipped with any device or attachment designed or | ||
used for silencing the
report of a firearm, committed on or | ||
after
July 15, 1999 ( the effective date of Public Act | ||
91-121)
this
amendatory Act of 1999 ,
that a prisoner | ||
serving a sentence for any of these offenses shall receive | ||
no
more than 4.5 days of good conduct credit for each month | ||
of his or her sentence
of imprisonment.
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(2.5) The rules and regulations on early release shall | ||
provide that a
prisoner who is serving a sentence for | ||
aggravated arson committed on or after
July 27, 2001 ( the | ||
effective date of Public Act 92-176)
this
amendatory Act of | ||
the 92nd 93rd General Assembly shall receive no more than
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4.5 days of good conduct credit for each month of his or | ||
her sentence of
imprisonment.
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(3) The rules and regulations shall also provide that
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the Director may award up to 180 days additional good | ||
conduct
credit for meritorious service in specific | ||
instances as the
Director deems proper; except that no more | ||
than 90 days
of good conduct credit for meritorious service
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shall be awarded to any prisoner who is serving a sentence | ||
for
conviction of first degree murder, reckless homicide | ||
while under the
influence of alcohol or any other drug,
or | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or | ||
any combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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predatory criminal sexual assault of a child,
aggravated | ||
criminal sexual assault, criminal sexual assault, deviate |
sexual
assault, aggravated criminal sexual abuse, | ||
aggravated indecent liberties
with a child, indecent | ||
liberties with a child, child pornography, heinous
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battery, aggravated battery of a spouse, aggravated | ||
battery of a spouse
with a firearm, stalking, aggravated | ||
stalking, aggravated battery of a child,
endangering the | ||
life or health of a child, cruelty to a child, or narcotic
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racketeering. Notwithstanding the foregoing, good conduct | ||
credit for
meritorious service shall not be awarded on a
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sentence of imprisonment imposed for conviction of: (i) one | ||
of the offenses
enumerated in subdivision (a)(2) when the | ||
offense is committed on or after
June 19, 1998, (ii) | ||
reckless homicide as
defined in subsection (e) of Section | ||
9-3 of the Criminal Code of 1961 when
the offense is | ||
committed on or after January 1, 1999,
or aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, or
intoxicating compound or compounds, or any | ||
combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
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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)
this
amendatory Act of 1999 ,
or (iv) aggravated | ||
arson when the offense is committed
on or after July 27, | ||
2001 ( the effective date of Public Act 92-176)
this | ||
amendatory Act of the 92nd 93rd General Assembly .
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(4) The rules and regulations shall also provide that | ||
the good conduct
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, or educational programs | ||
provided by the Department
under this paragraph (4) and | ||
satisfactorily completes the assigned program as
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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.
However, no inmate shall be eligible | ||
for the additional good conduct credit
under this paragraph | ||
(4) while assigned to a boot camp, mental health unit,
or | ||
electronic detention, or if convicted of an offense | ||
enumerated in
paragraph (a)(2) of this Section that is | ||
committed on or after June 19,
1998, or if convicted of | ||
reckless homicide as defined in subsection (e) of
Section | ||
9-3 of the Criminal Code of 1961 if the offense is | ||
committed on or
after January 1, 1999,
or aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, or
intoxicating compound or compounds, or any | ||
combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code, or if convicted of an offense | ||
enumerated in paragraph
(a)(2.4) of this Section that is | ||
committed on or after
July 15, 1999 ( the effective date of | ||
Public Act 91-121)
this
amendatory Act of 1999 ,
or first | ||
degree murder, a Class X felony, criminal sexual
assault, | ||
felony criminal sexual abuse, aggravated criminal sexual | ||
abuse,
aggravated battery with a firearm, 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
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subsequently been convicted of a
felony, or (ii) has | ||
previously served more than one prior sentence of
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imprisonment for a felony in an adult correctional | ||
facility.
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Educational, vocational, substance abuse and | ||
correctional
industry programs under which good conduct | ||
credit may be increased under
this paragraph (4) shall be | ||
evaluated by the Department on the basis of
documented | ||
standards. The Department shall report the results of these
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evaluations to the Governor and the General Assembly by | ||
September 30th of each
year. The reports shall include data | ||
relating to the recidivism rate among
program | ||
participants.
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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
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agent of the Department shall be liable for damages to the | ||
inmate.
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(4.5) The rules and regulations on early release shall | ||
also provide that
when the court's sentencing order | ||
recommends a prisoner for substance abuse treatment
a | ||
prisoner who is serving a sentence for a crime committed as | ||
a result of the
use of, abuse of, or addiction to alcohol | ||
or a controlled substance and the
crime was committed on or | ||
after September 1, 2003 ( the effective date of
Public Act | ||
93-354), the prisoner shall receive no good conduct credit | ||
awarded under clause (3) of this subsection (a) unless
this | ||
Amendatory Act of the 93rd General Assembly
shall receive | ||
no good conduct credit until he or she participates in and
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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 | ||
good conduct credit in specific instances if the prisoner | ||
is not a good candidate for a substance abuse treatment | ||
program for medical, programming or operational reasons.
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Good conduct credit awarded
under clauses (2), (3), and (4) | ||
of this subsection (a) for crimes committed on
or after
the | ||
effective date of this amendatory Act of
the 93rd General |
Assembly is subject to the provisions of this clause (4.5).
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If the prisoner completes a substance abuse treatment | ||
program, the Department
may award good conduct credit for | ||
the time spent in treatment. 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
Department may allow
require a prisoner placed | ||
on
a waiting list to participate in and complete
attend 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 good conduct credit under clause | ||
(3) of this subsection (a) at the discretion of the | ||
Director . A prisoner may not lose good conduct credit as a
| ||
result of being placed on a waiting list. A prisoner placed | ||
on a waiting list
remains eligible for increased good | ||
conduct credit for participation in an
educational, | ||
vocational, or correctional industry program under clause | ||
(4) of
subsection (a) of this Section.
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(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of good | ||
conduct credit for meritorious
service given at any time | ||
during the term, the Department shall give
reasonable | ||
advance notice of the impending release to the State's
| ||
Attorney of the county where the prosecution of the inmate | ||
took place.
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(b) Whenever a person is or has been committed under
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several convictions, with separate sentences, the sentences
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shall be construed under Section 5-8-4 in granting and
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forfeiting of good time.
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(c) The Department shall prescribe rules and regulations
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for revoking good conduct credit, or suspending or reducing
the | ||
rate of accumulation of good conduct credit for specific
rule | ||
violations, during imprisonment. These rules and regulations
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shall provide that no inmate may be penalized more than one
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year of good conduct credit for any one infraction.
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When the Department seeks to revoke, suspend or reduce
the | ||
rate of accumulation of any good conduct credits for
an alleged | ||
infraction of its rules, it shall bring charges
therefor | ||
against the prisoner sought to be so deprived of
good conduct | ||
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 good | ||
conduct credit.
The Board may subsequently approve the | ||
revocation of additional good
conduct credit, if the Department | ||
seeks to revoke good conduct credit in
excess of 30 days. | ||
However, the Board shall not be empowered to review the
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Department's decision with respect to the loss of 30 days of | ||
good conduct
credit within any calendar year for any prisoner | ||
or to increase any penalty
beyond the length requested by the | ||
Department.
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The Director of the Department of Corrections, in | ||
appropriate cases, may
restore up to 30 days good conduct | ||
credits which have been revoked, suspended
or reduced. Any | ||
restoration of good conduct credits in excess of 30 days shall
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be subject to review by the Prisoner Review Board. However, the | ||
Board may not
restore good conduct credit in excess of the | ||
amount requested by the Director.
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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
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accumulation of good conduct credit.
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(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
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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 good conduct credit by | ||
bringing charges against the prisoner
sought to be deprived of | ||
the good conduct credits before the Prisoner Review
Board as | ||
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
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If the prisoner has not accumulated 180 days of good conduct | ||
credit at the
time of the finding, then the Prisoner Review | ||
Board may revoke all
good conduct credit accumulated by the | ||
prisoner.
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For purposes of this subsection (d):
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(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:
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(A) it lacks an arguable basis either in law or in | ||
fact;
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(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;
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(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;
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(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
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(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.
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(2) "Lawsuit" means a petition for post-conviction | ||
relief under Article
122 of the Code of Criminal Procedure | ||
of 1963, a motion pursuant to Section
116-3 of the Code of | ||
Criminal Procedure of 1963, a habeas corpus action under
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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 or an action under the
federal Civil Rights | ||
Act (42 U.S.C. 1983).
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(e) Nothing in Public Act 90-592 or 90-593
this amendatory | ||
Act of
1998 affects the validity of Public Act 89-404.
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(Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | ||
93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
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(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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Sec. 5-4-1. Sentencing Hearing.
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(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
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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:
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(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 (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;
| ||
(8) in cases of reckless homicide afford the victim's | ||
spouse,
guardians, parents or other immediate family | ||
members an opportunity to make
oral statements; and
| ||
(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.
| ||
(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 July 27, 2001 ( the effective date of Public Act
92-176)
| ||
this amendatory Act of the 92nd 93rd 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 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)
this amendatory Act of the | ||
92nd 93rd 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."
| ||
When the sentencing order recommends placement in a | ||
substance abuse program
sentence is imposed for any offense | ||
that results in incarceration
in a Department of Corrections | ||
facility committed as a result of the use of,
abuse of, or | ||
addiction to alcohol or a controlled substance and the crime | ||
was
committed on or after September 1, 2003 ( the effective date | ||
of Public Act
93-354)
this amendatory Act of the 93rd General | ||
Assembly , 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 good conduct credit 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 ."
| ||
(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.
| ||
(Source: P.A. 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; | ||
93-213, eff.
7-18-03; 93-317, eff. 1-1-04; 93-354, eff. 9-1-03; | ||
93-616, eff. 1-1-04; revised 12-9-03.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|