Public Act 90-0593 of the 90th General Assembly
Public Act 90-0593
SB1756 Enrolled LRB9011691RCpc
AN ACT in relation to criminal law, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. Section 3-6021 of the Counties Code is
amended as follows:
(55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
Sec. 3-6021. Conservator of the peace. Each sheriff
shall be conservator of the peace in his or her county, and
shall prevent crime and maintain the safety and order of the
citizens of that county; and may arrest offenders on view,
and cause them to be brought before the proper court for
trial or examination. Conservator of the peace. Each sheriff
shall be conservator of the peace in his or her county, and
shall prevent crime and maintain the safety and order of the
citizens of that county; and may arrest offenders on view,
and cause them to be brought before the proper court for
trial or examination.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 10. Section 7-4-8 of the Illinois Municipal Code
is amended as follows:
(65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
Sec. 7-4-8. The police of any municipality in such a
police district have full authority and power as peace
officers and may go into any part of the district to exercise
that authority and power. For these purposes the mayor of any
municipality in the district, and the chiefs of police
therein, shall use the police forces under their control
anywhere in the district. The police of any municipality
in such a police district have full authority and power as
peace officers and may go into any part of the district to
exercise that authority and power. For these purposes the
mayor of any municipality in the district, and the chiefs of
police therein, shall use the police forces under their
control anywhere in the district.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 15. Sections 3-2, 6-2, and 18-5 of the Criminal
Code of 1961 are amended as follows:
(720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
Sec. 3-2. Affirmative defense.
(a) "Affirmative defense" means that unless the State's
evidence raises the issue involving the alleged defense, the
defendant, to raise the issue, must present some evidence
thereon.
(b) If the issue involved in an affirmative defense,
other than insanity, is raised then the State must sustain
the burden of proving the defendant guilty beyond a
reasonable doubt as to that issue together with all the other
elements of the offense. If the affirmative defense of
insanity is raised, the defendant bears the burden of proving
by clear and convincing evidence his insanity at the time of
the offense. Affirmative defense.
(a) "Affirmative defense" means that unless the State's
evidence raises the issue involving the alleged defense, the
defendant, to raise the issue, must present some evidence
thereon.
(b) If the issue involved in an affirmative defense,
other than insanity, is raised then the State must sustain
the burden of proving the defendant guilty beyond a
reasonable doubt as to that issue together with all the other
elements of the offense. If the affirmative defense of
insanity is raised, the defendant bears the burden of proving
by clear and convincing evidence his insanity at the time of
the offense.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
Sec. 6-2. Insanity.
(a) A person is not criminally responsible for conduct
if at the time of such conduct, as a result of mental disease
or mental defect, he lacks substantial capacity to appreciate
the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not
include an abnormality manifested only by repeated criminal
or otherwise antisocial conduct.
(c) A person who, at the time of the commission of a
criminal offense, was not insane but was suffering from a
mental illness, is not relieved of criminal responsibility
for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, "mental illness" or
"mentally ill" means a substantial disorder of thought, mood,
or behavior which afflicted a person at the time of the
commission of the offense and which impaired that person's
judgment, but not to the extent that he is unable to
appreciate the wrongfulness of his behavior.
(e) When the defense of insanity has been presented
during the trial, the burden of proof is on the defendant to
prove by clear and convincing evidence that the defendant is
not guilty by reason of insanity. However, the burden of
proof remains on the State to prove beyond a reasonable doubt
each of the elements of each of the offenses charged, and, in
a jury trial where the insanity defense has been presented,
the jury must be instructed that it may not consider whether
the defendant has met his burden of proving that he is not
guilty by reason of insanity until and unless it has first
determined that the State has proven the defendant guilty
beyond a reasonable doubt of the offense with which he is
charged.
Insanity.
(a) A person is not criminally responsible for conduct
if at the time of such conduct, as a result of mental disease
or mental defect, he lacks substantial capacity to appreciate
the criminality of his conduct.
(b) The terms "mental disease or mental defect" do not
include an abnormality manifested only by repeated criminal
or otherwise antisocial conduct.
(c) A person who, at the time of the commission of a
criminal offense, was not insane but was suffering from a
mental illness, is not relieved of criminal responsibility
for his conduct and may be found guilty but mentally ill.
(d) For purposes of this Section, "mental illness" or
"mentally ill" means a substantial disorder of thought, mood,
or behavior which afflicted a person at the time of the
commission of the offense and which impaired that person's
judgment, but not to the extent that he is unable to
appreciate the wrongfulness of his behavior.
(e) When the defense of insanity has been presented
during the trial, the burden of proof is on the defendant to
prove by clear and convincing evidence that the defendant is
not guilty by reason of insanity. However, the burden of
proof remains on the State to prove beyond a reasonable doubt
each of the elements of each of the offenses charged, and, in
a jury trial where the insanity defense has been presented,
the jury must be instructed that it may not consider whether
the defendant has met his burden of proving that he is not
guilty by reason of insanity until and unless it has first
determined that the State has proven the defendant guilty
beyond a reasonable doubt of the offense with which he is
charged.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 5/18-5)
Sec. 18-5. Aggravated robbery.
(a) A person commits aggravated robbery when he or she
takes property from the person or presence of another by the
use of force or by threatening the imminent use of force
while indicating verbally or by his or her actions to the
victim that he or she is presently armed with a firearm or
other dangerous weapon, including a knife, club, ax, or
bludgeon. This offense shall be applicable even though it is
later determined that he or she had no firearm or other
dangerous weapon, including a knife, club, ax, or bludgeon in
his or her possession when he or she committed the robbery.
(b) Sentence. Aggravated robbery is a Class 1 felony.
(Source: P.A. 88-144; 88-670, eff. 12-2-94.)
Section 20. Section 12 of the Cannabis Control Act is
amended as follows:
(720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
Sec. 12. (a) The following are subject to forfeiture:
(1) all substances containing cannabis which have
been produced, manufactured, delivered, or possessed in
violation of this Act;
(2) all raw materials, products and equipment of
any kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in
violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraph (1) or (2) that
constitutes a felony violation of the Act, but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended
for use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this
Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property,
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
him;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) No disposition may be made of property under seal
until the time for taking an appeal has elapsed or until all
appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the
deposit of the proceeds of the sale with the court.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency
or agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the
county treasury and appropriated to the State's
Attorney for use in the enforcement of laws
governing cannabis and controlled substances. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney
for use in the enforcement of laws governing
cannabis and controlled substances. If the
prosecution is undertaken solely by the Attorney
General, the portion provided hereunder shall be
distributed to the Attorney General for use in the
enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund of
that Office to be used for additional expenses
incurred in the investigation, prosecution and
appeal of cases arising under laws governing
cannabis and controlled substances. The Office of
the State's Attorneys Appellate Prosecutor shall not
receive distribution from cases brought in counties
with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(a) The following are subject to forfeiture:
(1) all substances containing cannabis which have
been produced, manufactured, delivered, or possessed in
violation of this Act;
(2) all raw materials, products and equipment of
any kind which are produced, delivered, or possessed in
connection with any substance containing cannabis in
violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraph (1) or (2) that
constitutes a felony violation of the Act, but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended
for use in a felony violation of this Act;
(5) everything of value furnished or intended to be
furnished by any person in exchange for a substance in
violation of this Act, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, and
securities used, or intended to be used, to commit or in
any manner to facilitate any felony violation of this
Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(2) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(3) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(4) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property,
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
him;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) No disposition may be made of property under seal
until the time for taking an appeal has elapsed or until all
appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the
deposit of the proceeds of the sale with the court.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency
or agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was
instituted, deposited in a special fund in the
county treasury and appropriated to the State's
Attorney for use in the enforcement of laws
governing cannabis and controlled substances. In
counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney
for use in the enforcement of laws governing
cannabis and controlled substances. If the
prosecution is undertaken solely by the Attorney
General, the portion provided hereunder shall be
distributed to the Attorney General for use in the
enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office
of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund of
that Office to be used for additional expenses
incurred in the investigation, prosecution and
appeal of cases arising under laws governing
cannabis and controlled substances. The Office of
the State's Attorneys Appellate Prosecutor shall not
receive distribution from cases brought in counties
with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 25. Sections 100, 401, 402, 405.1, and 505 of
the Illinois Controlled Substances Act are amended as
follows:
(720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
Sec. 100. Legislative intent. It is the intent of the
General Assembly, recognizing the rising incidence in the
abuse of drugs and other dangerous substances and its
resultant damage to the peace, health, and welfare of the
citizens of Illinois, to provide a system of control over the
distribution and use of controlled substances which will more
effectively: (1) limit access of such substances only to
those persons who have demonstrated an appropriate sense of
responsibility and have a lawful and legitimate reason to
possess them; (2) deter the unlawful and destructive abuse of
controlled substances; (3) penalize most heavily the illicit
traffickers or profiteers of controlled substances, who
propagate and perpetuate the abuse of such substances with
reckless disregard for its consumptive consequences upon
every element of society; (4) acknowledge the functional and
consequential differences between the various types of
controlled substances and provide for correspondingly
different degrees of control over each of the various types;
(5) unify where feasible and codify the efforts of this State
to conform with the regulatory systems of the Federal
government and other states to establish national
coordination of efforts to control the abuse of controlled
substances; and (6) provide law enforcement authorities with
the necessary resources to make this system efficacious.
It is not the intent of the General Assembly to treat the
unlawful user or occasional petty distributor of controlled
substances with the same severity as the large-scale,
unlawful purveyors and traffickers of controlled substances.
However, it is recognized that persons who violate this Act
with respect to the manufacture, delivery, possession with
intent to deliver, or possession of more than one type of
controlled substance listed herein may accordingly receive
multiple convictions and sentences under each Section of this
Act. To this end, guidelines have been provided, along with a
wide latitude in sentencing discretion, to enable the
sentencing court to order penalties in each case which are
appropriate for the purposes of this Act.
Legislative intent. It is the intent of the General
Assembly, recognizing the rising incidence in the abuse of
drugs and other dangerous substances and its resultant damage
to the peace, health, and welfare of the citizens of
Illinois, to provide a system of control over the
distribution and use of controlled substances which will more
effectively: (1) limit access of such substances only to
those persons who have demonstrated an appropriate sense of
responsibility and have a lawful and legitimate reason to
possess them; (2) deter the unlawful and destructive abuse of
controlled substances; (3) penalize most heavily the illicit
traffickers or profiteers of controlled substances, who
propagate and perpetuate the abuse of such substances with
reckless disregard for its consumptive consequences upon
every element of society; (4) acknowledge the functional and
consequential differences between the various types of
controlled substances and provide for correspondingly
different degrees of control over each of the various types;
(5) unify where feasible and codify the efforts of this state
to conform with the regulatory systems of the Federal
government and other states to establish national
coordination of efforts to control the abuse of controlled
substances; and (6) provide law enforcement authorities with
the necessary resources to make this system efficacious.
It is not the intent of the General Assembly to treat the
unlawful user or occasional petty distributor of controlled
substances with the same severity as the large-scale,
unlawful purveyors and traffickers of controlled substances.
However, it is recognized that persons who violate this Act
with respect to the manufacture, delivery, possession with
intent to deliver, or possession of more than one type of
controlled substance listed herein may accordingly receive
multiple convictions and sentences under each Section of this
Act. To this end, guidelines have been provided, along with a
wide latitude in sentencing discretion, to enable the
sentencing court to order penalties in each case which are
appropriate for the purposes of this Act.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is
unlawful for any person knowingly to manufacture or deliver,
or possess with intent to manufacture or deliver, a
controlled or counterfeit substance or controlled substance
analog. A violation of this Act with respect to each of the
controlled substances listed herein constitutes a single and
separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance which is intended for human consumption, other than
a controlled substance, that has a chemical structure
substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to
produce an effect substantially similar to that of a
controlled substance in Schedule I or II. Examples of
chemical classes in which controlled substance analogs are
found include, but are not limited to, the following:
phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to
the contrary, is guilty of a Class X felony and shall be
sentenced to a term of imprisonment as provided in this
subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine, or an analog
thereof;
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not more than $500,000 or the full street value of
the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street
value" shall have the meaning ascribed in Section 110-5 of
the Code of Criminal Procedure of 1963. Any person sentenced
with respect to any other provision of subsection (a), may in
addition to the penalties provided therein, be fined an
amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or methamphetamine or
any salt of an optical isomer of amphetamine or
methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, or (ii) lysergic acid diethylamide
(LSD) or an analog thereof, is guilty of a Class 2 felony.
The fine for violation of this subsection (d) shall not be
more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
Except as authorized by this Act, it is unlawful for any
person knowingly to manufacture or deliver, or possess with
intent to manufacture or deliver, a controlled or counterfeit
substance or controlled substance analog. A violation of
this Act with respect to each of the controlled substances
listed herein constitutes a single and separate violation of
this Act. For purposes of this Section, "controlled
substance analog" or "analog" means a substance which is
intended for human consumption, other than a controlled
substance, that has a chemical structure substantially
similar to that of a controlled substance in Schedule I or
II, or that was specifically designed to produce an effect
substantially similar to that of a controlled substance in
Schedule I or II. Examples of chemical classes in which
controlled substance analogs are found include, but are not
limited to, the following: phenethylamines, N-substituted
piperidines, morphinans, ecgonines, quinazolinones,
substituted indoles, and arylcycloalkylamines. For purposes
of this Act, a controlled substance analog shall be treated
in the same manner as the controlled substance to which it is
substantially similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to
the contrary, is guilty of a Class X felony and shall be
sentenced to a term of imprisonment as provided in this
subsection (a) and fined as provided in subsection (b):
(1) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing heroin, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing cocaine, or
an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing cocaine, or
an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less
than 400 grams of a substance containing morphine,
or an analog thereof;
(C) not less than 12 years and not more than
50 years with respect to 400 grams or more but less
than 900 grams of a substance containing morphine,
or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to 900 grams or more of a
substance containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing
peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine, or an analog
thereof;
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amounts of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but
less than 400 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 12 years and not more than
50 years with respect to: (i) 400 grams or more but
less than 900 grams of a substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 15 years and not more than
60 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;
(10) 30 grams or more of any substance
containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing
any other controlled substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not more than $500,000 or the full street value of
the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street
value" shall have the meaning ascribed in Section 110-5 of
the Code of Criminal Procedure of 1963. Any person sentenced
with respect to any other provision of subsection (a), may in
addition to the penalties provided therein, be fined an
amount not to exceed $500,000.
(c) Any person who violates this Section with regard to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or
any of the salts of a derivative of barbituric acid, or
an analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or methamphetamine or
any salt of an optical isomer of amphetamine or
methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) more than 10 objects
or more than 10 segregated parts of an object or objects
but less than 15 objects or less than 15 segregated parts
of an object containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an
analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or
an analog thereof;
(10.5) 10 grams or more but less than 30 grams of
any substance containing ketamine or any of the salts,
isomers and salts of isomers of ketamine, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of
any substance containing a substance classified in
Schedules I or II, or an analog thereof, which is not
otherwise included in this subsection.
(d) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedules I or II, or an analog thereof, which
is (i) a narcotic drug, or (ii) lysergic acid diethylamide
(LSD) or an analog thereof, is guilty of a Class 2 felony.
The fine for violation of this subsection (d) shall not be
more than $200,000.
(e) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule I or II, or an analog thereof, which
substance is not included under subsection (d) of this
Section, is guilty of a Class 3 felony. The fine for
violation of this subsection (e) shall not be more than
$150,000.
(f) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to
any other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more
than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of
Section 505 of the Federal Food, Drug and Cosmetic Act.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
Sec. 402. Except as otherwise authorized by this Act, it
is unlawful for any person knowingly to possess a controlled
or counterfeit substance. A violation of this Act with
respect to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
Except as otherwise authorized by this Act, it is
unlawful for any person knowingly to possess a controlled or
counterfeit substance. A violation of this Act with respect
to each of the controlled substances listed herein
constitutes a single and separate violation of this Act.
(a) Any person who violates this Section with respect to
the following controlled or counterfeit substances and
amounts, notwithstanding any of the provisions of subsection
(c) and (d) to the contrary, is guilty of a Class 1 felony
and shall, if sentenced to a term of imprisonment, be
sentenced as provided in this subsection (a) and fined as
provided in subsection (b):
(1) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of a substance containing heroin;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing heroin;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing heroin;
(2) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing cocaine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing cocaine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing cocaine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing cocaine;
(3) (A) not less than 4 years and not more than 15
years with respect to 15 grams or more but less than
100 grams of any substance containing morphine;
(B) not less than 6 years and not more than 30
years with respect to 100 grams or more but less
than 400 grams of any substance containing morphine;
(C) not less than 8 years and not more than 40
years with respect to 400 grams or more but less
than 900 grams of any substance containing morphine;
(D) not less than 10 years and not more than
50 years with respect to 900 grams or more of any
substance containing morphine;
(4) 200 grams or more of any substance containing
peyote;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid;
(6) 200 grams or more of any substance containing
amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine or methamphetamine;
(7) (A) not less than 4 years and not more than 15
years with respect to: (i) 15 grams or more but less
than 100 grams of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof, or
(ii) 15 or more objects or 15 or more segregated
parts of an object or objects but less than 200
objects or 200 segregated parts of an object or
objects containing in them or having upon them any
amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(B) not less than 6 years and not more than 30
years with respect to: (i) 100 grams or more but
less than 400 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 200 or more objects or 200 or more
segregated parts of an object or objects but less
than 600 objects or less than 600 segregated parts
of an object or objects containing in them or having
upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof;
(C) not less than 8 years and not more than 40
years with respect to: (i) 400 grams or more but
less than 900 grams of any substance containing
lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 600 or more objects or 600 or more
segregated parts of an object or objects but less
than 1500 objects or 1500 segregated parts of an
object or objects containing in them or having upon
them any amount of any substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(D) not less than 10 years and not more than
50 years with respect to: (i) 900 grams or more of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 1500 or more
objects or 1500 or more segregated parts of an
object or objects containing in them or having upon
them any amount of a substance containing lysergic
acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP);
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of
isomers of ketamine;
(11) 200 grams or more of any substance containing
any substance classified as a narcotic drug in Schedules
I or II which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3) or (7) of subsection (a) involving
100 grams or more of the controlled substance named therein,
may in addition to the penalties provided therein, be fined
an amount not to exceed $200,000 or the full street value of
the controlled or counterfeit substances, whichever is
greater. The term "street value" shall have the meaning
ascribed in Section 110-5 of the Code of Criminal Procedure
of 1963. Any person sentenced with respect to any other
provision of subsection (a), may in addition to the penalties
provided therein, be fined an amount not to exceed $200,000.
(c) Any person who violates this Section with regard to
an amount of a controlled or counterfeit substance not set
forth in subsection (a) or (d) is guilty of a Class 4 felony.
The fine for a violation punishable under this subsection (c)
shall not be more than $25,000.
(d) Any person who violates this Section with regard to
any amount of anabolic steroid is guilty of a Class C
misdemeanor for the first offense and a Class B misdemeanor
for a subsequent offense committed within 2 years of a prior
conviction.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
90-384, eff. 1-1-98; revised 11-13-97.)
(720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
Sec. 405.1. (a) Elements of the offense. A person
commits criminal drug conspiracy when, with the intent that
an offense set forth in Section 401, Section 402, or Section
407 of this Act be committed, he agrees with another to the
commission of that offense. No person may be convicted of
conspiracy to commit such an offense unless an act in
furtherance of such agreement is alleged and proved to have
been committed by him or by a co-conspirator.
(b) Co-conspirators. It shall not be a defense to
conspiracy that the person or persons with whom the accused
is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence. A person convicted of criminal drug
conspiracy may be fined or imprisoned or both, but any term
of imprisonment imposed shall be not less than the minimum
nor more than the maximum provided for the offense which is
the object of the conspiracy.
(a) Elements of the offense. A person commits criminal
drug conspiracy when, with the intent that an offense set
forth in Section 401, Section 402, or Section 407 of this Act
be committed, he agrees with another to the commission of
that offense. No person may be convicted of conspiracy to
commit such an offense unless an act in furtherance of such
agreement is alleged and proved to have been committed by him
or by a co-conspirator.
(b) Co-conspirators. It shall not be a defense to
conspiracy that the person or persons with whom the accused
is alleged to have conspired:
(1) Has not been prosecuted or convicted, or
(2) Has been convicted of a different offense, or
(3) Is not amenable to justice, or
(4) Has been acquitted, or
(5) Lacked the capacity to commit an offense.
(c) Sentence. A person convicted of criminal drug
conspiracy may be fined or imprisoned or both, but any term
of imprisonment imposed shall be not less than the minimum
nor more than the maximum provided for the offense which is
the object of the conspiracy.
(Source: P.A. 89-404, eff. 8-20-95.)
(720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
Sec. 505. (a) The following are subject to forfeiture:
(1) all substances which have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products and equipment of
any kind which are used, or intended for use in
manufacturing, distributing, dispensing, administering or
possessing any substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraphs (1) and (2), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used in violation of this Act;
(5) everything of value furnished, or intended to
be furnished, in exchange for a substance in violation of
this Act, all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used,
or intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or intended
to be used, in any manner or part, to commit, or in any
manner to facilitate the commission of, any violation or
act that constitutes a violation of Section 401 or 405 of
this Act or that is the proceeds of any violation or act
that constitutes a violation of Section 401 or 405 of
this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the seizure is incident to inspection under
an administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property and
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
the Director;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) If the Department of Professional Regulation
suspends or revokes a registration, all controlled substances
owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may
be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation rule becoming final,
all substances may be forfeited to the Department of
Professional Regulation.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was instituted,
deposited in a special fund in the county treasury and
appropriated to the State's Attorney for use in the
enforcement of laws governing cannabis and controlled
substances. In counties over 3,000,000 population, 25%
will be distributed to the Office of the State's Attorney
for use in the enforcement of laws governing cannabis and
controlled substances. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office of
the State's Attorneys Appellate Prosecutor and deposited
in the Narcotics Profit Forfeiture Fund of that office to
be used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(h) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this Act, or of which the
owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the State. The
failure, upon demand by the Director or any peace officer, of
the person in occupancy or in control of land or premises
upon which the species of plants are growing or being stored,
to produce registration, or proof that he is the holder
thereof, constitutes authority for the seizure and forfeiture
of the plants.
(a) The following are subject to forfeiture:
(1) all substances which have been manufactured,
distributed, dispensed, or possessed in violation of this
Act;
(2) all raw materials, products and equipment of
any kind which are used, or intended for use in
manufacturing, distributing, dispensing, administering or
possessing any substance in violation of this Act;
(3) all conveyances, including aircraft, vehicles
or vessels, which are used, or intended for use, to
transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment
of property described in paragraphs (1) and (2), but:
(i) no conveyance used by any person as a
common carrier in the transaction of business as a
common carrier is subject to forfeiture under this
Section unless it appears that the owner or other
person in charge of the conveyance is a consenting
party or privy to a violation of this Act;
(ii) no conveyance is subject to forfeiture
under this Section by reason of any act or omission
which the owner proves to have been committed or
omitted without his knowledge or consent;
(iii) a forfeiture of a conveyance encumbered
by a bona fide security interest is subject to the
interest of the secured party if he neither had
knowledge of nor consented to the act or omission;
(4) all money, things of value, books, records, and
research products and materials including formulas,
microfilm, tapes, and data which are used, or intended to
be used in violation of this Act;
(5) everything of value furnished, or intended to
be furnished, in exchange for a substance in violation of
this Act, all proceeds traceable to such an exchange, and
all moneys, negotiable instruments, and securities used,
or intended to be used, to commit or in any manner to
facilitate any violation of this Act;
(6) all real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, which is used or intended
to be used, in any manner or part, to commit, or in any
manner to facilitate the commission of, any violation or
act that constitutes a violation of Section 401 or 405 of
this Act or that is the proceeds of any violation or act
that constitutes a violation of Section 401 or 405 of
this Act.
(b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
(1) if the seizure is incident to inspection under
an administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding, or in an injunction or forfeiture
proceeding based upon this Act or the Drug Asset
Forfeiture Procedure Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under this Act and the
property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or
(5) in accordance with the Code of Criminal
Procedure of 1963.
(c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
(d) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney under the Drug Asset Forfeiture Procedure Act. When
property is seized under this Act, the seizing agency shall
promptly conduct an inventory of the seized property and
estimate the property's value, and shall forward a copy of
the inventory of seized property and the estimate of the
property's value to the Director. Upon receiving notice of
seizure, the Director may:
(1) place the property under seal;
(2) remove the property to a place designated by
the Director;
(3) keep the property in the possession of the
seizing agency;
(4) remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account;
(5) place the property under constructive seizure
by posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property upon the terms and conditions set
by the Director.
(e) If the Department of Professional Regulation
suspends or revokes a registration, all controlled substances
owned or possessed by the registrant at the time of
suspension or the effective date of the revocation order may
be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation rule becoming final,
all substances may be forfeited to the Department of
Professional Regulation.
(f) When property is forfeited under this Act the
Director shall sell all such property unless such property is
required by law to be destroyed or is harmful to the public,
and shall distribute the proceeds of the sale, together with
any moneys forfeited or seized, in accordance with subsection
(g). However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest
or arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to cannabis or controlled
substances, if the agency or prosecutor can demonstrate that
the item requested would be useful to the agency or
prosecutor in their enforcement efforts. When any real
property returned to the seizing agency is sold by the agency
or its unit of government, the proceeds of the sale shall be
delivered to the Director and distributed in accordance with
subsection (g).
(g) All monies and the sale proceeds of all other
property forfeited and seized under this Act shall be
distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances, except that
amounts distributed to the Secretary of State shall be
deposited into the Secretary of State Evidence Fund to be
used as provided in Section 2-115 of the Illinois Vehicle
Code.
(2)(i) 12.5% shall be distributed to the Office of
the State's Attorney of the county in which the
prosecution resulting in the forfeiture was instituted,
deposited in a special fund in the county treasury and
appropriated to the State's Attorney for use in the
enforcement of laws governing cannabis and controlled
substances. In counties over 3,000,000 population, 25%
will be distributed to the Office of the State's Attorney
for use in the enforcement of laws governing cannabis and
controlled substances. If the prosecution is undertaken
solely by the Attorney General, the portion provided
hereunder shall be distributed to the Attorney General
for use in the enforcement of laws governing cannabis and
controlled substances.
(ii) 12.5% shall be distributed to the Office of
the State's Attorneys Appellate Prosecutor and deposited
in the Narcotics Profit Forfeiture Fund of that office to
be used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of
State Police for expenses related to the administration
and sale of seized and forfeited property.
(h) Species of plants from which controlled substances
in Schedules I and II may be derived which have been planted
or cultivated in violation of this Act, or of which the
owners or cultivators are unknown, or which are wild growths,
may be seized and summarily forfeited to the State. The
failure, upon demand by the Director or any peace officer, of
the person in occupancy or in control of land or premises
upon which the species of plants are growing or being stored,
to produce registration, or proof that he is the holder
thereof, constitutes authority for the seizure and forfeiture
of the plants.
(Source: P.A. 88-517; 89-404, eff. 8-20-95.)
Section 30. Section 107-4 of the Code of Criminal
Procedure of 1963 is amended as follows:
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any state of the United States
and the District of Columbia.
(2) "Peace Officer" means any peace officer or
member of any duly organized State, County, or Municipal
peace unit or police force of another state.
(3) "Fresh pursuit" means the immediate pursuit of
a person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal
police department or county sheriff's office of this
State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests
in any jurisdiction within this State if: (1) the officer is
engaged in the investigation of an offense that occurred in
the officer's primary jurisdiction and the temporary
questioning is conducted or the arrest is made pursuant to
that investigation; or (2) the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws
of this State. While acting pursuant to this subsection, an
officer has the same authority as within his or her own
jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another state who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the
ground that he has committed an offense in the other state
has the same authority to arrest and hold the person in
custody as peace officers of this State have to arrest and
hold a person in custody on the ground that he has committed
an offense in this State.
(c) If an arrest is made in this State by a peace
officer of another state in accordance with the provisions of
this Section he shall without unnecessary delay take the
person arrested before the circuit court of the county in
which the arrest was made. Such court shall conduct a hearing
for the purpose of determining the lawfulness of the arrest.
If the court determines that the arrest was lawful it shall
commit the person arrested, to await for a reasonable time
the issuance of an extradition warrant by the Governor of
this State, or admit him to bail for such purpose. If the
court determines that the arrest was unlawful it shall
discharge the person arrested.
Arrest by peace officer from other jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States
and the District of Columbia.
(2) "Peace Officer" means any peace officer or
member of any duly organized State, County, or Municipal
peace unit or police force of another State.
(3) "Fresh pursuit" means the immediate pursuit of
a person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal
police department or county sheriff's office of this
State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests
in any jurisdiction within this State if: (1) the officer is
engaged in the investigation of an offense that occurred in
the officer's primary jurisdiction and the temporary
questioning is conducted or the arrest is made pursuant to
that investigation; or (2) the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws
of this State. While acting pursuant to this subsection, an
officer has the same authority as within his or her own
jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the
ground that he has committed an offense in the other State
has the same authority to arrest and hold the person in
custody as peace officers of this State have to arrest and
hold a person in custody on the ground that he has committed
an offense in this State.
(c) If an arrest is made in this State by a peace
officer of another State in accordance with the provisions of
this Section he shall without unnecessary delay take the
person arrested before the circuit court of the county in
which the arrest was made. Such court shall conduct a hearing
for the purpose of determining the lawfulness of the arrest.
If the court determines that the arrest was lawful it shall
commit the person arrested, to await for a reasonable time
the issuance of an extradition warrant by the Governor of
this State, or admit him to bail for such purpose. If the
court determines that the arrest was unlawful it shall
discharge the person arrested.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 35. Section 9 of the Drug Asset Forfeiture
Procedure Act is amended as follows:
(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
Sec. 9. Judicial in rem procedures. If property seized
under the provisions of the Illinois Controlled Substances
Act or the Cannabis Control Act is non-real property that
exceeds $20,000 in value excluding the value of any
conveyance, or is real property, or a claimant has filed a
claim and a cost bond under subsection (C) of Section 6 of
this Act, the following judicial in rem procedures shall
apply:
(A) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45 days
of the receipt of notice of seizure by the seizing agency or
the filing of the claim and cost bond, whichever is later,
the State's Attorney shall institute judicial forfeiture
proceedings by filing a verified complaint for forfeiture
and, if the claimant has filed a claim and cost bond, by
depositing the cost bond with the clerk of the court. When
authorized by law, a forfeiture must be ordered by a court on
an action in rem brought by a State's Attorney under a
verified complaint for forfeiture.
(B) During the probable cause portion of the judicial in
rem proceeding wherein the State presents its case-in-chief,
the court must receive and consider, among other things, all
relevant hearsay evidence and information. The laws of
evidence relating to civil actions shall apply to all other
portions of the judicial in rem proceeding.
(C) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property in
the action in rem. For purposes of this Section, the owner
or interest holder shall be referred to as claimant.
(D) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provisions of Section 8 of this
Act relied on in asserting it is not subject to
forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the precise relief sought.
(E) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(F) The hearing must be held within 60 days after filing
of the answer unless continued for good cause.
(G) The State shall show the existence of probable cause
for forfeiture of the property. If the State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest in
the property is not subject to forfeiture.
(H) If the State does not show existence of probable
cause or a claimant has established by a preponderance of
evidence that the claimant has an interest that is exempt
under Section 8 of this Act, the court shall order the
interest in the property returned or conveyed to the claimant
and shall order all other property forfeited to the State. If
the State does show existence of probable cause and the
claimant does not establish by a preponderance of evidence
that the claimant has an interest that is exempt under
Section 8 of this Act, the court shall order all property
forfeited to the State.
(I) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of the
criminal offense of which the defendant was convicted in any
proceeding under this Act regardless of the pendency of an
appeal from that conviction. However, evidence of the
pendency of an appeal is admissible.
(J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney,
the court may stay civil forfeiture proceedings during the
criminal trial for a related criminal indictment or
information alleging a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act. Such a stay
shall not be available pending an appeal. Property subject
to forfeiture under the Illinois Controlled Substances Act or
the Cannabis Control Act shall not be subject to return or
release by a court exercising jurisdiction over a criminal
case involving the seizure of such property unless such
return or release is consented to by the State's Attorney.
(K) All property declared forfeited under this Act vests
in this State on the commission of the conduct giving rise to
forfeiture together with the proceeds of the property after
that time. Any such property or proceeds subsequently
transferred to any person remain subject to forfeiture and
thereafter shall be ordered forfeited unless the transferee
claims and establishes in a hearing under the provisions of
this Act that the transferee's interest is exempt under
Section 8 of this Act.
(L) A civil action under this Act must be commenced
within 5 years after the last conduct giving rise to
forfeiture became known or should have become known or 5
years after the forfeitable property is discovered, whichever
is later, excluding any time during which either the property
or claimant is out of the State or in confinement or during
which criminal proceedings relating to the same conduct are
in progress.
Judicial in rem procedures. If property seized under the
provisions of the Illinois Controlled Substances Act or the
Cannabis Control Act is non-real property that exceeds
$20,000 in value excluding the value of any conveyance, or is
real property, or a claimant has filed a claim and a cost
bond under subsection (C) of Section 6 of this Act, the
following judicial in rem procedures shall apply:
(A) If, after a review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then within 45 days
of the receipt of notice of seizure by the seizing agency or
the filing of the claim and cost bond, whichever is later,
the State's Attorney shall institute judicial forfeiture
proceedings by filing a verified complaint for forfeiture
and, if the claimant has filed a claim and cost bond, by
depositing the cost bond with the clerk of the court. When
authorized by law, a forfeiture must be ordered by a court on
an action in rem brought by a State's Attorney under a
verified complaint for forfeiture.
(B) During the probable cause portion of the judicial in
rem proceeding wherein the State presents its case-in-chief,
the court must receive and consider, among other things, all
relevant hearsay evidence and information. The laws of
evidence relating to civil actions shall apply to all other
portions of the judicial in rem proceeding.
(C) Only an owner of or interest holder in the property
may file an answer asserting a claim against the property in
the action in rem. For purposes of this Section, the owner
or interest holder shall be referred to as claimant.
(D) The answer must be signed by the owner or interest
holder under penalty of perjury and must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the name and address of all other persons known
to have an interest in the property;
(vi) the specific provisions of Section 8 of this
Act relied on in asserting it is not subject to
forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the precise relief sought.
(E) The answer must be filed with the court within 45
days after service of the civil in rem complaint.
(F) The hearing must be held within 60 days after filing
of the answer unless continued for good cause.
(G) The state shall show the existence of probable cause
for forfeiture of the property. If the State shows probable
cause, the claimant has the burden of showing by a
preponderance of the evidence that the claimant's interest in
the property is not subject to forfeiture.
(H) If the State does not show existence of probable
cause or a claimant has established by a preponderance of
evidence that the claimant has an interest that is exempt
under Section 8 of this Act, the court shall order the
interest in the property returned or conveyed to the claimant
and shall order all other property forfeited to the State. If
the State does show existence of probable cause and the
claimant does not establish by a preponderance of evidence
that the claimant has an interest that is exempt under
Section 8 of this Act, the court shall order all property
forfeited to the State.
(I) A defendant convicted in any criminal proceeding is
precluded from later denying the essential allegations of the
criminal offense of which the defendant was convicted in any
proceeding under this Act regardless of the pendency of an
appeal from that conviction. However, evidence of the
pendency of an appeal is admissible.
(J) An acquittal or dismissal in a criminal proceeding
shall not preclude civil proceedings under this Act; however,
for good cause shown, on a motion by the State's Attorney,
the court may stay civil forfeiture proceedings during the
criminal trial for a related criminal indictment or
information alleging a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act. Such a stay
shall not be available pending an appeal. Property subject
to forfeiture under the Illinois Controlled Substances Act or
the Cannabis Control Act shall not be subject to return or
release by a court exercising jurisdiction over a criminal
case involving the seizure of such property unless such
return or release is consented to by the State's Attorney.
(K) All property declared forfeited under this Act vests
in this State on the commission of the conduct giving rise to
forfeiture together with the proceeds of the property after
that time. Any such property or proceeds subsequently
transferred to any person remain subject to forfeiture and
thereafter shall be ordered forfeited unless the transferee
claims and establishes in a hearing under the provisions of
this Act that the transferee's interest is exempt under
Section 8 of this Act.
(L) A civil action under this Act must be commenced
within 5 years after the last conduct giving rise to
forfeiture became known or should have become known or 5
years after the forfeitable property is discovered, whichever
is later, excluding any time during which either the property
or claimant is out of the State or in confinement or during
which criminal proceedings relating to the same conduct are
in progress.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 40. Sections 3-6-3, 3-6-3.1, 5-1-11, 5-2-4, and
5-4-1 of the Unified Code of Corrections are amended as
follows:
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
Sec. 3-6-3. Rules and Regulations for Early Release.
(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.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after the effective date of this amendatory Act of 1998,
the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(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
(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.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after the effective
date of this amendatory Act of 1998, the rules and
regulations shall 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.
(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.
(3) The rules and regulations shall also provide
that 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 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, aggravated kidnapping, kidnapping, 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 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 racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after the effective date of
this amendatory Act of 1998.
(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 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 the effective
date of this amendatory Act of 1998, 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 subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in
an adult correctional facility.
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 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.
Availability of these programs shall be subject to
the 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.
(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.
(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 good time.
(c) The Department shall prescribe rules and regulations
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 shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
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 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.
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 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.
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 good conduct 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 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. 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.
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 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 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).
(e) Nothing in this amendatory Act of 1998 affects the
validity of Public Act 89-404. Rules and Regulations for
Early Release.
(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.
(2) The rules and regulations on early release
shall provide, with respect to offenses committed on or
after the effective date of this amendatory Act of 1995,
the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder shall receive
no good conduct credit and shall serve the entire
sentence imposed by the court;
(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
(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.
(2.1) For all offenses, other than those enumerated
in subdivision (a)(2) committed on or after the effective
date of this amendatory Act of 1995, the rules and
regulations shall 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.
(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.
(3) The rules and regulations shall also provide
that 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 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, aggravated kidnapping, kidnapping, 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 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 racketeering.
Notwithstanding the foregoing, good conduct credit for
meritorious service shall not be awarded on a sentence of
imprisonment imposed for conviction of one of the
offenses enumerated in subdivision (a)(2) when the
offense is committed on or after the effective date of
this amendatory Act of 1995.
(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 determined by the standards of the
Department, shall be multiplied by a factor of 1.25 for
program participation before the effective date of this
amendatory Act of 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 the effective date of this
amendatory Act of 1995, 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 subsequently been
convicted of a felony, or (ii) has previously served more
than one prior sentence of imprisonment for a felony in
an adult correctional facility.
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 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.
Availability of these programs shall be subject to
the 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.
(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.
(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 good time.
(c) The Department shall prescribe rules and regulations
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 shall provide that no inmate may be penalized
more than one year of good conduct credit for any one
infraction.
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 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.
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 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.
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 good conduct 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 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. 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.
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 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 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).
(Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
(730 ILCS 5/3-6-3.1)
Sec. 3-6-3.1. Truth-in-Sentencing Commission.
(a) Legislative findings. The General Assembly finds
that violent crime continues to be a severe problem in
Illinois. Criminals sentenced to prison for violating the
laws of Illinois are often released after serving a fraction
of their sentence under Illinois' early release statute. The
early release of criminals from prison after they are
sentenced to longer terms in court misleads the public as
well as victims of crime. Many of these criminals return to
a life of crime immediately upon their early release from
prison, committing violent acts including murder and rape.
Public safety, as well as the integrity of the justice
system, demands that criminals serve the sentences handed
down by the courts, and that a Truth-in-Sentencing Commission
be established to effectuate this goal.
(b) Truth-in-Sentencing Commission. There is created
the Illinois Truth-in-Sentencing Commission, to consist of 13
members as follows:
(1) Three members appointed by the Governor, one of
whom shall be a member of the faculty of an accredited
Illinois law school;
(2) The Attorney General or his or her designee;
(3) One member appointed by the President of the
Senate;
(4) One member appointed by the Minority Leader of
the Senate;
(5) One member appointed by the Speaker of the
House of Representatives;
(6) One member appointed by the Minority Leader of
the House of Representatives;
(7) The Director of the Illinois Department of
Corrections or his or her designee;
(8) The State's Attorney of Cook County or his or
her designee;
(9) The Executive Director of the Illinois Criminal
Justice Information Authority or his or her designee;
(10) The President of the Illinois State's
Attorneys Association; and
(11) The President of the Illinois Association of
Chiefs of Police.
All appointments shall be filed with the Secretary of
State by the appointing authority.
(c) Duties of the Commission. This Commission shall:
(1) develop and monitor legislation facilitating
the implementation of Truth-in-Sentencing laws which
require criminals to serve at least 85% of their
court-imposed sentences, using any information and
recommendations available regarding those laws;
(2) review the funding provisions of the Violent
Crime Control Act of 1994, and any subsequent federal
legislation of a comparable nature, to comment in
appropriate federal rulemaking and legislative processes
on State law enforcement, correctional, and fiscal
concerns, and, upon the finalization of federal
requirements, to determine what is required to obtain
maximum federal funding to assist the State in
implementing Truth-in-Sentencing laws; and
(3) study the possibility of changing sentences in
order to more accurately reflect the actual time spent in
prison, while preserving the system's ability to punish
criminals justly and equitably.
(d) Organization. The Commission shall elect a Chair
and Vice-Chair from among its members at its first meeting.
The members of the Commission shall serve without
compensation but shall be reimbursed for reasonable expenses
incurred in the course of performing their duties.
(e) Intergovernmental cooperation. The Illinois
Criminal Justice Information Authority shall assist the
Commission with any and all research and drafting necessary
to fulfill its duties. The Illinois Department of
Corrections shall give any reasonable assistance to the
Commission, including making available all pertinent
statistical information at the Department's disposal.
(f) The Commission shall present a full report and a
draft of appropriate Truth-in-Sentencing legislation to the
Governor and the General Assembly no later than September 30,
1998. Truth-in-Sentencing Commission.
(a) Legislative findings. The General Assembly finds
that violent crime continues to be a severe problem in
Illinois. Criminals sentenced to prison for violating the
laws of Illinois are often released after serving a fraction
of their sentence under Illinois' early release statute. The
early release of criminals from prison after they are
sentenced to longer terms in court misleads the public as
well as victims of crime. Many of these criminals return to
a life of crime immediately upon their early release from
prison, committing violent acts including murder and rape.
Public safety, as well as the integrity of the justice
system, demands that criminals serve the sentences handed
down by the courts, and that a Truth-in-Sentencing Commission
be established to effectuate this goal.
(b) Truth-in-Sentencing Commission. There is created
the Illinois Truth-in-Sentencing Commission, to consist of 13
members as follows:
(1) Three members appointed by the Governor, one of
whom shall be a member of the faculty of an accredited
Illinois law school;
(2) The Attorney General or his or her designee;
(3) One member appointed by the President of the
Senate;
(4) One member appointed by the Minority Leader of
the Senate;
(5) One member appointed by the Speaker of the
House of Representatives;
(6) One member appointed by the Minority Leader of
the House of Representatives;
(7) The Director of the Illinois Department of
Corrections or his or her designee;
(8) The State's Attorney of Cook County or his or
her designee;
(9) The Executive Director of the Illinois Criminal
Justice Information Authority or his or her designee;
(10) The President of the Illinois State's
Attorneys Association; and
(11) The President of the Illinois Association of
Chiefs of Police.
All appointments shall be filed with the Secretary of
State by the appointing authority.
(c) Duties of the Commission. This Commission shall:
(1) develop and monitor legislation facilitating
the implementation of Truth-in-Sentencing laws which
require criminals to serve at least 85% of their
court-imposed sentences, using any information and
recommendations available regarding those laws;
(2) review the funding provisions of the Violent
Crime Control Act of 1994, and any subsequent federal
legislation of a comparable nature, to comment in
appropriate federal rulemaking and legislative processes
on State law enforcement, correctional, and fiscal
concerns, and, upon the finalization of federal
requirements, to determine what is required to obtain
maximum federal funding to assist the State in
implementing Truth-in-Sentencing laws; and
(3) study the possibility of changing sentences in
order to more accurately reflect the actual time spent in
prison, while preserving the system's ability to punish
criminals justly and equitably.
(d) Organization. The Commission shall elect a Chair
and Vice-Chair from among its members at its first meeting.
The members of the Commission shall serve without
compensation but shall be reimbursed for reasonable expenses
incurred in the course of performing their duties.
(e) Intergovernmental cooperation. The Illinois
Criminal Justice Information Authority shall assist the
Commission with any and all research and drafting necessary
to fulfill its duties. The Illinois Department of
Corrections shall give any reasonable assistance to the
Commission, including making available all pertinent
statistical information at the Department's disposal.
(f) The Commission shall present a full report and a
draft of appropriate Truth-in-Sentencing legislation to the
Governor and the General Assembly no later than March 1,
1997.
(Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
89-689, eff. 12-31-96.)
(730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11)
Sec. 5-1-11. Insanity.
"Insanity" means the lack of a substantial capacity to
appreciate the criminality of one's conduct as a result of
mental disorder or mental defect.
Insanity.
"Insanity" means the lack of a substantial capacity to
appreciate the criminality of one's conduct as a result of
mental disorder or mental defect.
(Source: P.A. 89-404, eff. 8-20-95.)
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after Acquittal by Reason of
Insanity.
(a) After a finding or verdict of not guilty by reason
of insanity under Sections 104-25, 115-3 or 115-4 of The Code
of Criminal Procedure of 1963, the defendant shall be ordered
to the Department of Human Services for an evaluation as to
whether he is subject to involuntary admission or in need of
mental health services. The order shall specify whether the
evaluation shall be conducted on an inpatient or outpatient
basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting
unless the Court determines that there are compelling reasons
why such placement is not necessary. After the evaluation and
during the period of time required to determine the
appropriate placement, the defendant shall remain in jail.
Upon completion of the placement process the sheriff shall
be notified and shall transport the defendant to the
designated facility.
The Department shall provide the Court with a report of
its evaluation within 30 days of the date of this order. The
Court shall hold a hearing as provided under the Mental
Health and Developmental Disabilities Code to determine if
the individual is: (a) subject to involuntary admission; (b)
in need of mental health services on an inpatient basis; (c)
in need of mental health services on an outpatient basis; (d)
a person not in need of mental health services. The Court
shall enter its findings.
If the defendant is found to be subject to involuntary
admission or in need of mental health services on an
inpatient care basis, the Court shall order the defendant to
the Department of Human Services. The defendant shall be
placed in a secure setting unless the Court determines that
there are compelling reasons why such placement is not
necessary. Such defendants placed in a secure setting shall
not be permitted outside the facility's housing unit unless
escorted or accompanied by personnel of the Department of
Human Services or with the prior approval of the Court for
unsupervised on-grounds privileges as provided herein. Any
defendant placed in a secure setting pursuant to this
Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, may be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant
and the safety of Department of Human Services personnel and
others. These security measures shall not constitute
restraint as defined in the Mental Health and Developmental
Disabilities Code. If the defendant is found to be in need
of mental health services, but not on an inpatient care
basis, the Court shall conditionally release the defendant,
under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress in
treatment or rehabilitation and the safety of the defendant
or others. If the Court finds the person not in need of
mental health services, then the Court shall order the
defendant discharged from custody.
(1) Definitions: For the purposes of this Section:
(A) "Subject to involuntary admission" means: a
defendant has been found not guilty by reason of
insanity; and
(i) who is mentally ill and who because of his
mental illness is reasonably expected to inflict
serious physical harm upon himself or another in the
near future; or
(ii) who is mentally ill and who because of
his illness is unable to provide for his basic
physical needs so as to guard himself from serious
harm.
(B) "In need of mental health services on an
inpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not subject to
involuntary admission but who is reasonably expected to
inflict serious physical harm upon himself or another and
who would benefit from inpatient care or is in need of
inpatient care.
(C) "In need of mental health services on an
outpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not subject to
involuntary admission or in need of mental health
services on an inpatient basis, but is in need of
outpatient care, drug and/or alcohol rehabilitation
programs, community adjustment programs, individual,
group, or family therapy, or chemotherapy.
(D) "Conditional Release" means: the release from
either the custody of the Department of Human Services or
the custody of the Court of a person who has been found
not guilty by reason of insanity under such conditions as
the Court may impose which reasonably assure the
defendant's satisfactory progress in treatment or
habilitation and the safety of the defendant and others.
The Court shall consider such terms and conditions which
may include, but need not be limited to, outpatient care,
alcoholic and drug rehabilitation programs, community
adjustment programs, individual, group, family, and
chemotherapy, periodic checks with the legal authorities
and/or the Department of Human Services. The person or
facility rendering the outpatient care shall be required
to periodically report to the Court on the progress of
the defendant. Such conditional release shall be for a
period of five years, unless the defendant, the person or
facility rendering the treatment, therapy, program or
outpatient care, or the State's Attorney petitions the
Court for an extension of the conditional release period
for an additional three years. Upon receipt of such a
petition, the Court shall hold a hearing consistent with
the provisions of this paragraph (a) and paragraph (f) of
this Section, shall determine whether the defendant
should continue to be subject to the terms of conditional
release, and shall enter an order either extending the
defendant's period of conditional release for a single
additional three year period or discharging the
defendant. In no event shall the defendant's period of
conditional release exceed eight years. These provisions
for extension of conditional release shall only apply to
defendants conditionally released on or after July 1,
1979. However the extension provisions of Public Act
83-1449 apply only to defendants charged with a forcible
felony.
(E) "Facility director" means the chief officer of
a mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of
treatment or habilitation or his or her designee.
"Designee" may include a physician, clinical
psychologist, social worker, or nurse.
(b) If the Court finds the defendant subject to
involuntary admission or in need of mental health services on
an inpatient basis, the admission, detention, care, treatment
or habilitation, review proceedings, and discharge of the
defendant after such order shall be under the Mental Health
and Developmental Disabilities Code, except that the initial
order for admission of a defendant acquitted of a felony by
reason of insanity shall be for an indefinite period of time.
Such period of commitment shall not exceed the maximum length
of time that the defendant would have been required to serve,
less credit for good behavior, before becoming eligible for
release had he been convicted of and received the maximum
sentence for the most serious crime for which he has been
acquitted by reason of insanity. The Court shall determine
the maximum period of commitment by an appropriate order.
During this period of time, the defendant shall not be
permitted to be in the community in any manner, including but
not limited to off-grounds privileges, with or without escort
by personnel of the Department of Human Services,
unsupervised on-grounds privileges, discharge or conditional
or temporary release, except by a plan as provided in this
Section. In no event shall a defendant's continued
unauthorized absence be a basis for discharge. Not more than
30 days after admission and every 60 days thereafter so long
as the initial order remains in effect, the facility director
shall file a treatment plan with the Court. Such plan shall
include an evaluation of the defendant's progress and the
extent to which he is benefiting from treatment. Such plan
may also include unsupervised on-grounds privileges,
off-grounds privileges (with or without escort by personnel
of the Department of Human Services), home visits and
participation in work programs, but only where such
privileges have been approved by specific court order, which
order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure
the defendant's satisfactory progress in treatment and the
safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be subject to involuntary
admission or in need of mental health services shall be
represented by counsel in all proceedings under this Section
and under the Mental Health and Developmental Disabilities
Code.
(1) The Court shall appoint as counsel the public
defender or an attorney licensed by this State.
(2) Upon filing with the Court of a verified
statement of legal services rendered by the private
attorney appointed pursuant to paragraph (1) of this
subsection, the Court shall determine a reasonable fee
for such services. If the defendant is unable to pay the
fee, the Court shall enter an order upon the State to pay
the entire fee or such amount as the defendant is unable
to pay from funds appropriated by the General Assembly
for that purpose.
(d) When the facility director determines that:
(1) the defendant is no longer subject to
involuntary admission or in need of mental health
services on an inpatient basis; and
(2) the defendant may be conditionally released
because he or she is still in need of mental health
services or that the defendant may be discharged as not
in need of any mental health services; or
(3) the defendant no longer requires placement in a
secure setting;
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations,
if any, of the facility director, concerning conditional
release. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:
(i) subject to involuntary admission; or
(ii) in need of mental health services in the form
of inpatient care; or
(iii) in need of mental health services but not
subject to involuntary admission or inpatient care; or
(iv) no longer in need of mental health services;
or
(v) no longer requires placement in a secure
setting.
Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsection
(a) of this Section.
(e) A defendant admitted pursuant to this Section, or
any person on his behalf, may file a petition for transfer
to a non-secure setting within the Department of Human
Services or discharge or conditional release under the
standards of this Section in the Court which rendered the
verdict. Upon receipt of a petition for transfer to a
non-secure setting or discharge or conditional release, the
Court shall set a hearing to be held within 120 days.
Thereafter, no new petition may be filed for 120 days without
leave of the Court.
(f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the
facility director, the State's Attorney, and the defendant's
attorney. If requested by either the State or the defense or
if the Court feels it is appropriate, an impartial
examination of the defendant by a psychiatrist or clinical
psychologist as defined in Section 1-103 of the Mental Health
and Developmental Disabilities Code who is not in the employ
of the Department of Human Services shall be ordered, and the
report considered at the time of the hearing.
(g) The findings of the Court shall be established by
clear and convincing evidence. The burden of proof and the
burden of going forth with the evidence rest with the State
when a hearing is held to review the determination of the
facility director that the defendant should be transferred to
a non-secure setting, discharged or conditionally released.
The burden of proof and the burden of going forth with the
evidence rest on the defendant when a hearing is held to
review a petition filed by or on behalf of such defendant.
The evidence shall be presented in open Court with the right
of confrontation and cross-examination.
(h) If the Court finds that the defendant is no longer
in need of mental health services it shall order the facility
director to discharge the defendant. If the Court finds that
the defendant is in need of mental health services, and no
longer in need of inpatient care, it shall order the facility
director to release the defendant under such conditions as
the Court deems appropriate and as provided by this Section.
Such conditional release shall be imposed for a period of
five years and shall be subject to later modification by the
Court as provided by this Section. If the Court finds that
the defendant is subject to involuntary admission or in need
of mental health services on an inpatient basis, it shall
order the facility director not to discharge or release the
defendant in accordance with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional
release, the Court determines, after hearing evidence, that
the defendant has not fulfilled the conditions of release,
the Court shall order a hearing to be held consistent with
the provisions of paragraph (f) and (g) of this Section. At
such hearing, if the Court finds that the defendant is
subject to involuntary admission or in need of mental health
services on an inpatient basis, it shall enter an order
remanding him or her to the Department of Human Services or
other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the Court determines that there are
compelling reasons that such placement is not necessary. If
the Court finds that the defendant continues to be in need
of mental health services but not on an inpatient basis, it
may modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others. In
no event shall such conditional release be longer than eight
years. Nothing in this Section shall limit a Court's contempt
powers or any other powers of a Court.
(j) An order of admission under this Section does not
affect the remedy of habeas corpus.
(k) In the event of a conflict between this Section and
the Mental Health and Developmental Disabilities Code or the
Mental Health and Developmental Disabilities Confidentiality
Act, the provisions of this Section shall govern.
(l) This amendatory Act shall apply to all persons who
have been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
(m) The Clerk of the Court shall, after the entry of an
order of transfer to a non-secure setting of the Department
of Human Services or discharge or conditional release,
transmit a certified copy of the order to the Department of
Human Services, and the sheriff of the county from which the
defendant was admitted. In cases where the arrest of the
defendant or the commission of the offense took place in any
municipality with a population of more than 25,000 persons,
the Clerk of the Court shall also transmit a certified copy
of the order of discharge or conditional release to the
proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.
Proceedings after Acquittal by Reason of Insanity.
(a) After a finding or verdict of not guilty by reason
of insanity under Sections 104-25, 115-3 or 115-4 of The Code
of Criminal Procedure of 1963, the defendant shall be ordered
to the Department of Human Services for an evaluation as to
whether he is subject to involuntary admission or in need of
mental health services. The order shall specify whether the
evaluation shall be conducted on an inpatient or outpatient
basis. If the evaluation is to be conducted on an inpatient
basis, the defendant shall be placed in a secure setting
unless the Court determines that there are compelling reasons
why such placement is not necessary. After the evaluation and
during the period of time required to determine the
appropriate placement, the defendant shall remain in jail.
Upon completion of the placement process the sheriff shall
be notified and shall transport the defendant to the
designated facility.
The Department shall provide the Court with a report of
its evaluation within 30 days of the date of this order. The
Court shall hold a hearing as provided under the Mental
Health and Developmental Disabilities Code to determine if
the individual is: (a) subject to involuntary admission; (b)
in need of mental health services on an inpatient basis; (c)
in need of mental health services on an outpatient basis; (d)
a person not in need of mental health services. The Court
shall enter its findings.
If the defendant is found to be subject to involuntary
admission or in need of mental health services on an
inpatient care basis, the Court shall order the defendant to
the Department of Human Services. The defendant shall be
placed in a secure setting unless the Court determines that
there are compelling reasons why such placement is not
necessary. Such defendants placed in a secure setting shall
not be permitted outside the facility's housing unit unless
escorted or accompanied by personnel of the Department of
Human Services or with the prior approval of the Court for
unsupervised on-grounds privileges as provided herein. Any
defendant placed in a secure setting pursuant to this
Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, may be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant
and the safety of Department of Human Services personnel and
others. These security measures shall not constitute
restraint as defined in the Mental Health and Developmental
Disabilities Code. If the defendant is found to be in need
of mental health services, but not on an inpatient care
basis, the Court shall conditionally release the defendant,
under such conditions as set forth in this Section as will
reasonably assure the defendant's satisfactory progress in
treatment or rehabilitation and the safety of the defendant
or others. If the Court finds the person not in need of
mental health services, then the Court shall order the
defendant discharged from custody.
(1) Definitions: For the purposes of this Section:
(A) "Subject to involuntary admission" means: A
defendant has been found not guilty by reason of
insanity; and
(i) who is mentally ill and who because of his
mental illness is reasonably expected to inflict
serious physical harm upon himself or another in the
near future; or
(ii) who is mentally ill and who because of
his illness is unable to provide for his basic
physical needs so as to guard himself from serious
harm.
(B) "In need of mental health services on an
inpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not subject to
involuntary admission but who is reasonably expected to
inflict serious physical harm upon himself or another and
who would benefit from inpatient care or is in need of
inpatient care.
(C) "In need of mental health services on an
outpatient basis" means: a defendant who has been found
not guilty by reason of insanity who is not subject to
involuntary admission or in need of mental health
services on an inpatient basis, but is in need of
outpatient care, drug and/or alcohol rehabilitation
programs, community adjustment programs, individual,
group, or family therapy, or chemotherapy.
(D) "Conditional Release" means: the release from
either the custody of the Department of Human Services or
the custody of the Court of a person who has been found
not guilty by reason of insanity under such conditions as
the court may impose which reasonably assure the
defendant's satisfactory progress in treatment or
habilitation and the safety of the defendant and others.
The Court shall consider such terms and conditions which
may include, but need not be limited to, outpatient care,
alcoholic and drug rehabilitation programs, community
adjustment programs, individual, group, family, and
chemotherapy, periodic checks with the legal authorities
and/or the Department of Human Services. The person or
facility rendering the outpatient care shall be required
to periodically report to the Court on the progress of
the Defendant. Such conditional release shall be for a
period of five years, unless the defendant, the person or
facility rendering the treatment, therapy, program or
outpatient care, or the State's attorney petitions the
Court for an extension of the conditional release period
for an additional three years. Upon receipt of such a
petition, the Court shall hold a hearing consistent with
the provisions of this paragraph (a) and paragraph (f) of
this Section, shall determine whether the defendant
should continue to be subject to the terms of conditional
release, and shall enter an order either extending the
defendant's period of conditional release for a single
additional three year period or discharging the
defendant. In no event shall the defendant's period of
conditional release exceed eight years. These provisions
for extension of conditional release shall only apply to
defendants conditionally released on or after July 1,
1979. However the extension provisions of this amendatory
Act of 1984 apply only to defendants charged with a
forcible felony.
(E) "Facility director" means the chief officer of
a mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of
treatment or habilitation or his or her designee.
"Designee" may include a physician, clinical
psychologist, social worker, or nurse.
(b) If the Court finds the defendant subject to
involuntary admission or in need of mental health services on
an inpatient basis, the admission, detention, care, treatment
or habilitation, review proceedings, and discharge of the
defendant after such order shall be under the Mental Health
and Developmental Disabilities Code, except that the initial
order for admission of a defendant acquitted of a felony by
reason of insanity shall be for an indefinite period of time.
Such period of commitment shall not exceed the maximum length
of time that the defendant would have been required to serve,
less credit for good behavior, before becoming eligible for
release had he been convicted of and received the maximum
sentence for the most serious crime for which he has been
acquitted by reason of insanity. The Court shall determine
the maximum period of commitment by an appropriate order.
During this period of time, the defendant shall not be
permitted to be in the community in any manner, including but
not limited to off-grounds privileges, with or without escort
by personnel of the Department of Human Services,
unsupervised on-grounds privileges, discharge or conditional
or temporary release, except by a plan as provided in this
Section. In no event shall a defendant's continued
unauthorized absence be a basis for discharge. Not more than
30 days after admission and every 60 days thereafter so long
as the initial order remains in effect, the facility director
shall file a treatment plan with the court. Such plan shall
include an evaluation of the defendant's progress and the
extent to which he is benefiting from treatment. Such plan
may also include unsupervised on-grounds privileges,
off-grounds privileges (with or without escort by personnel
of the Department of Human Services), home visits and
participation in work programs, but only where such
privileges have been approved by specific court order, which
order may include such conditions on the defendant as the
Court may deem appropriate and necessary to reasonably assure
the defendant's satisfactory progress in treatment and the
safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be subject to involuntary
admission or in need of mental health services shall be
represented by counsel in all proceedings under this Section
and under the Mental Health and Developmental Disabilities
Code.
(1) The court shall appoint as counsel the public
defender or an attorney licensed by this State.
(2) Upon filing with the court of a verified
statement of legal services rendered by the private
attorney appointed pursuant to paragraph (1) of this
subsection, the court shall determine a reasonable fee
for such services. If the defendant is unable to pay the
fee, the court shall enter an order upon the State to pay
the entire fee or such amount as the defendant is unable
to pay from funds appropriated by the General Assembly
for that purpose.
(d) When the facility director determines that:
(1) the defendant is no longer subject to
involuntary admission or in need of mental health
services on an inpatient basis; and
(2) the defendant may be conditionally released
because he or she is still in need of mental health
services or that the defendant may be discharged as not
in need of any mental health services; or
(3) the defendant no longer requires placement in a
secure setting;
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations,
if any, of the facility director, concerning conditional
release. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as
to whether the defendant is:
(i) subject to involuntary admission; or
(ii) in need of mental health services in the form
of inpatient care; or
(iii) in need of mental health services but not
subject to involuntary admission or inpatient care; or
(iv) no longer in need of mental health services;
or
(v) no longer requires placement in a secure
setting.
Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsection
(a) of this Section.
(e) A defendant admitted pursuant to this Section, or
any person on his behalf, may file a petition for transfer
to a non-secure setting within the Department of Human
Services or discharge or conditional release under the
standards of this Section in the court which rendered the
verdict. Upon receipt of a petition for transfer to a
non-secure setting or discharge or conditional release, the
court shall set a hearing to be held within 120 days.
Thereafter, no new petition may be filed for 120 days without
leave of the court.
(f) The court shall direct that notice of the time and
place of the hearing be served upon the defendant, the
facility director, the State's Attorney, and the defendant's
attorney. If requested by either the State or the defense or
if the Court feels it is appropriate, an impartial
examination of the defendant by a psychiatrist or clinical
psychologist as defined in Section 1-103 of the Mental Health
and Developmental Disabilities Code who is not in the employ
of the Department of Human Services shall be ordered, and the
report considered at the time of the hearing.
(g) The findings of the court shall be established by
clear and convincing evidence. The burden of proof and the
burden of going forth with the evidence rest with the State
when a hearing is held to review the determination of the
facility director that the defendant should be transferred to
a non-secure setting, discharged or conditionally released.
The burden of proof and the burden of going forth with the
evidence rest on the defendant when a hearing is held to
review a petition filed by or on behalf of such defendant.
The evidence shall be presented in open court with the right
of confrontation and cross-examination.
(h) If the court finds that the defendant is no longer
in need of mental health services it shall order the facility
director to discharge the defendant. If the Court finds that
the defendant is in need of mental health services, and no
longer in need of inpatient care, it shall order the facility
director to release the defendant under such conditions as
the Court deems appropriate and as provided by this Section.
Such conditional release shall be imposed for a period of
five years and shall be subject to later modification by the
court as provided by this Section. If the court finds that
the defendant is subject to involuntary admission or in need
of mental health services on an inpatient basis, it shall
order the facility director not to discharge or release the
defendant in accordance with paragraph (b) of this Section.
(i) If within the period of the defendant's conditional
release, the court determines, after hearing evidence, that
the defendant has not fulfilled the conditions of release,
the court shall order a hearing to be held consistent with
the provisions of paragraph (f) and (g) of this section. At
such hearing, if the court finds that the defendant is
subject to involuntary admission or in need of mental health
services on an inpatient basis, it shall enter an order
remanding him or her to the Department of Human Services or
other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the court determines that there are
compelling reasons that such placement is not necessary. If
the court finds that the defendant continues to be in need
of mental health services but not on an inpatient basis, it
may modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others. In
no event shall such conditional release be longer than eight
years. Nothing in this Section shall limit a court's contempt
powers or any other powers of a court.
(j) An order of admission under this Section does not
affect the remedy of habeas corpus.
(k) In the event of a conflict between this Section and
the Mental Health and Developmental Disabilities Code or the
Mental Health and Developmental Disabilities Confidentiality
Act, the provisions of this Section shall govern.
(l) This amendatory Act shall apply to all persons who
have been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
(m) The Clerk of the court shall, after the entry of an
order of transfer to a non-secure setting of the Department
of Human Services or discharge or conditional release,
transmit a certified copy of the order to the Department of
Human Services, and the sheriff of the county from which the
defendant was admitted. In cases where the arrest of the
defendant or the commission of the offense took place in any
municipality with a population of more than 25,000 persons,
the Clerk of the court shall also transmit a certified copy
of the order of discharge or conditional release to the
proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.
(Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
90-105, eff. 7-11-97.)
(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. 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, 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; 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 the effective date of this amendatory Act of 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, 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 the effective date of this amendatory Act of 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 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 the
effective date of this amendatory Act of 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. 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. 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, 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; 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 the effective date of this amendatory Act of 1995,
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 the effective date of this amendatory Act of 1995, 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 the
effective date of this amendatory Act of 1995, 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. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
Section 45. Section 12-903.5 of the Code of Civil
Procedure is amended as follows:
(735 ILCS 5/12-903.5)
Sec. 12-903.5. Drug asset forfeitures.
(a) The homestead exemption under this Part 9 of Article
XII does not apply to property subject to forfeiture under
Section 505 of the Illinois Controlled Substances Act,
Section 12 of the Cannabis Control Act, or Section 5 of the
Narcotics Profit Forfeiture Act.
(b) This Section applies to actions pending on or
commenced on or after the effective date of this Section.
Drug asset forfeitures.
(a) The homestead exemption under this Part 9 of Article
XII does not apply to property subject to forfeiture under
Section 505 of the Illinois Controlled Substances Act,
Section 12 of the Cannabis Control Act, or Section 5 of the
Narcotics Profit Forfeiture Act.
(b) This Section applies to actions pending on or
commenced on or after the effective date of this amendatory
Act of 1995.
(Source: P.A. 89-404, eff. 8-20-95.)
Section 95. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law, except that the amendatory changes to Sec. 18-5
of the Criminal Code of 1961 take effect January 1, 1999.