Public Act 103-0018
 
HB1496 EnrolledLRB103 04718 RLC 49727 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 3-5-1 and 5-4-1 as follows:
 
 


    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)

  
    Sec. 3-5-1. Master Record File. 

    (a) The Department of Corrections and the Department of 
Juvenile Justice shall
maintain a master record file on each 
person committed to it,
which shall contain the following 
information:

        (1) all information from the committing court;

        (1.5) ethnic and racial background data collected in 
    accordance with Section 4.5 of the Criminal Identification 
    Act and Section 2-5 of the No Representation Without 
    Population Act;
        (1.6) the committed person's last known complete 
    street address prior to incarceration or legal residence 
    collected in accordance with Section 2-5 of the No 
    Representation Without Population Act; 
        (2) reception summary;

        (3) evaluation and assignment reports and 
    recommendations;

        (4) reports as to program assignment and progress;

        (5) reports of disciplinary infractions and 
    disposition, including tickets and Administrative Review 
    Board action;

        (6) any parole or aftercare release plan;

        (7) any parole or aftercare release reports;

        (8) the date and circumstances of final discharge; 
        (9) criminal history;
        (10) current and past gang affiliations and ranks;
        (11) information regarding associations and family 
    relationships;
        (12) any grievances filed and responses to those 
    grievances; and
        (13) other information that the respective Department 
    determines is relevant to the secure confinement and 
    rehabilitation of the committed person.

    (b) All files shall be confidential and access shall be

limited to authorized personnel of the respective Department 
or by disclosure in accordance with a court order or subpoena.

Personnel of other correctional, welfare or law enforcement

agencies may have access to files under rules and regulations

of the respective Department. The respective Department shall 
keep a record of all
outside personnel who have access to 
files, the files reviewed,
any file material copied, and the 
purpose of access. If the
respective Department or the 
Prisoner Review Board makes a determination
under this Code 
which affects the length of the period of
confinement or 
commitment, the committed person and his counsel
shall be 
advised of factual information relied upon by the
respective 
Department or Board to make the determination, provided that

the Department or Board shall not be required to advise a

person committed to the Department of Juvenile Justice any 
such information
which in the opinion of the Department of 
Juvenile Justice or Board would be
detrimental to his 
treatment or rehabilitation.

    (c) The master file shall be maintained at a place

convenient to its use by personnel of the respective 
Department in
charge of the person. When custody of a person is 
transferred
from the Department to another department or 
agency, a
summary of the file shall be forwarded to the 
receiving
agency with such other information required by law 
or
requested by the agency under rules and regulations of the

respective Department.

    (d) The master file of a person no longer in the custody
of 
the respective Department shall be placed on inactive status 
and its
use shall be restricted subject to rules and 
regulations of
the Department.

    (e) All public agencies may make available to the

respective Department on request any factual data not 
otherwise
privileged as a matter of law in their possession in 
respect
to individuals committed to the respective Department.

    (f) A committed person may request a summary of the 
committed person's master record file once per year and the 
committed person's  attorney may request one summary of the 
committed person's master record file once per year. The 
Department shall create a form for requesting this summary, 
and shall make that form available to committed persons and to 
the public on its website. Upon receipt of the request form, 
the Department shall provide the summary within 15 days.  The 
summary must contain, unless otherwise prohibited by law:
        (1)  the person's name, ethnic, racial, last known 
    street address prior to incarceration or legal residence, 
    and other identifying information;
        (2) all digitally available information from the 
    committing court;
        (3)  all information in the Offender 360 system on the 
    person's criminal history;
        (4) the person's complete assignment history in the 
    Department of Corrections;
        (5) the person's disciplinary card;
        (6) additional records about up to 3 specific 
    disciplinary incidents as identified by the requester;
        (7) any available records about up to 5 specific 
    grievances filed by the person, as identified by the 
    requester; and
        (8)  the records of all grievances filed on or after 
    January 1, 2023.
    Notwithstanding any provision of this subsection (f) to 
the contrary, a committed person's master record file is not 
subject to disclosure and copying under the Freedom of 
Information Act. 
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; 
revised 12-14-22.)
 


    (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 shall make a 
specific finding about whether the defendant is eligible for 
participation in a Department impact incarceration program as 
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an 
explanation as to  why a sentence to impact incarceration is 
not an appropriate sentence.  The court may in its sentencing 
order recommend a defendant for placement in a Department of 
Corrections substance abuse treatment program as provided in 
paragraph (a) of subsection (1) of Section 3-2-2 conditioned 
upon the defendant being accepted in a program by the 
Department of Corrections. At the
hearing the court
shall:

        (1) consider the evidence, if any, received upon the 
    trial;

        (2) consider any presentence reports;

        (3) consider the financial impact of incarceration 
    based on the
financial impact statement filed with the 
    clerk of the court by the
Department of Corrections;

        (4) consider evidence and information offered by the 
    parties in
aggravation and mitigation;
        (4.5) consider substance abuse treatment, eligibility 
    screening, and an assessment, if any, of the defendant by 
    an agent designated by the State of Illinois to provide 
    assessment services for the Illinois courts;


        (5) hear arguments as to sentencing alternatives;

        (6) afford the defendant the opportunity to make a 
    statement in his
own behalf;

        (7) afford the victim of a violent crime or a 
    violation of Section
11-501 of the Illinois Vehicle Code, 
    or a similar provision of a local
ordinance, the 
    opportunity to present an oral or written statement, as 
    guaranteed by Article I, Section 8.1 of the Illinois 
    Constitution and provided in Section 6 of the Rights of 
    Crime Victims and Witnesses Act. The court shall allow a 
    victim to make an oral statement if the victim is present 
    in the courtroom and requests to make an oral or written 
    statement. An oral or written statement includes the 
    victim or a representative of the victim reading the 
    written statement. The court may allow persons impacted by 
    the crime who are not victims under subsection (a) of 
    Section 3 of the Rights of Crime Victims and Witnesses Act 
    to present an oral or written statement. A victim and any 
    person making an oral statement shall not be put under 
    oath or subject to cross-examination. All statements 
    offered under this paragraph
(7) shall become part of the 
    record of the court. In this
paragraph (7), "victim of a 
    violent crime" means a person who is a victim of a violent 
    crime for which the defendant has been convicted after a 
    bench or jury trial or  a person who is the victim of a 
    violent crime with which the defendant was charged and the 
    defendant has been convicted under a plea agreement of a 
    crime that is not a violent crime as defined in subsection 
    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
        (7.5)   afford a qualified person affected by: (i) a 
    violation of Section 405, 405.1, 405.2, or 407 of the 
    Illinois Controlled Substances Act or a violation of 
    Section 55 or Section 65 of the Methamphetamine Control 
    and Community Protection Act; or (ii) a Class 4 felony 
    violation of Section 11-14, 11-14.3 except as described in 
    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, 
    11-18.1, or 11-19 of the Criminal Code of 1961 or the 
    Criminal Code of 2012, committed by the defendant the 
    opportunity to make a statement concerning the impact on 
    the qualified person and to offer evidence in aggravation 
    or mitigation; provided that the statement and evidence 
    offered in aggravation or mitigation shall first be 
    prepared in writing in conjunction with the State's 
    Attorney before it may be presented orally at the hearing. 
    Sworn testimony offered by the qualified person is subject 
    to the defendant's right to cross-examine. All statements 
    and evidence offered under this paragraph (7.5) shall 
    become part of the record of the court. In this paragraph 
    (7.5), "qualified person" means any person who: (i) lived 
    or worked within the territorial jurisdiction where the 
    offense took place when the offense took place; or (ii) is 
    familiar with various public places within the territorial 
    jurisdiction where the offense took place when the offense 
    took place. "Qualified person" includes any peace officer 
    or any member of any duly organized State, county, or 
    municipal peace officer unit assigned to the territorial 
    jurisdiction where the offense took place when the offense 
    took place;

        (8) in cases of reckless homicide afford the victim's 
    spouse,
guardians, parents or other immediate family 
    members an opportunity to make
oral statements;

        (9) in cases involving a felony sex offense as defined 
    under the Sex
Offender
Management Board Act, consider the 
    results of the sex offender evaluation
conducted pursuant 
    to Section 5-3-2 of this Act; and

        (10) make a finding of whether a motor vehicle was 
    used in the commission of the offense for which the 
    defendant is being sentenced. 
    (b) All sentences shall be imposed by the judge based upon 
his
independent assessment of the elements specified above and 
any agreement
as to sentence reached by the parties.  The judge 
who presided at the
trial or the judge who accepted the plea of 
guilty shall impose the
sentence unless he is no longer 
sitting as a judge in that court.  Where
the judge does not 
impose sentence at the same time on all defendants
who are 
convicted as a result of being involved in the same offense, 
the
defendant or the State's Attorney may advise the 
sentencing court of the
disposition of any other defendants 
who have been sentenced.

    (b-1) In imposing a sentence of imprisonment or periodic 
imprisonment for a Class 3 or Class 4 felony for which a 
sentence of probation or conditional discharge is an available 
sentence, if the defendant has no prior sentence of probation 
or conditional discharge and no prior conviction for a violent 
crime, the defendant shall not be sentenced to imprisonment 
before review and consideration of a presentence report and 
determination and explanation of why the particular evidence, 
information, factor in aggravation, factual finding, or other 
reasons support a sentencing determination that one or more of 
the factors under subsection (a) of Section 5-6-1 of this Code 
apply and that probation or conditional discharge is not an 
appropriate sentence. 
    (c) In imposing a sentence for a violent crime or for an 
offense of
operating or being in physical control of a vehicle 
while under the
influence of alcohol, any other drug or any 
combination thereof, or a
similar provision of a local 
ordinance, when such offense resulted in the
personal injury 
to someone other than the defendant, the trial judge shall

specify on the record the particular evidence, information, 
factors in
mitigation and aggravation or other reasons that 
led to his sentencing
determination. The full verbatim record 
of the sentencing hearing shall be
filed with the clerk of the 
court and shall be a public record.

    (c-1) In imposing a sentence for the offense of aggravated 
kidnapping for
ransom, home invasion, armed robbery, 
aggravated vehicular hijacking,
aggravated discharge of a 
firearm, or armed violence with a category I weapon
or 
category II weapon,
the trial judge shall make a finding as to 
whether the conduct leading to
conviction for the offense 
resulted in great bodily harm to a victim, and
shall enter that 
finding and the basis for that finding in the record.

    (c-1.5) Notwithstanding any other provision of law to the 
contrary, in imposing a sentence for an offense that requires 
a mandatory minimum sentence of imprisonment, the court may 
instead sentence the offender to probation, conditional 
discharge, or a lesser term of imprisonment it deems 
appropriate if: (1) the offense involves the use or possession 
of drugs, retail theft, or driving on a revoked license due to 
unpaid financial obligations; (2) the court finds that the 
defendant does not pose a risk to public safety; and (3) the 
interest of justice requires imposing a term of probation, 
conditional discharge, or a lesser term of imprisonment.  The 
court must state on the record its reasons for imposing 
probation, conditional discharge, or a lesser term of 
imprisonment.
    (c-2) If the defendant is sentenced to prison, other than 
when a sentence of
natural life imprisonment or a sentence of 
death is imposed, at the time
the sentence is imposed the judge 
shall
state on the record in open court the approximate period 
of time the defendant
will serve in custody according to the 
then current statutory rules and
regulations for sentence 
credit found in Section 3-6-3 and other related
provisions of 
this Code.  This statement is intended solely to inform the

public, has no legal effect on the defendant's actual release, 
and may not be
relied on by the defendant on appeal.

    The judge's statement, to be given after pronouncing the 
sentence, other than
when the sentence is imposed for one of 
the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, 
shall include the following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois 
as applied to this sentence by the Illinois Department of

Corrections and
the Illinois Prisoner Review Board.  In this 
case, assuming the defendant
receives all of his or her 
sentence credit, the period of estimated actual
custody is ... 
years and ... months, less up to 180 days additional earned 
sentence credit.  If the defendant, because of his or
her own 
misconduct or failure to comply with the institutional 
regulations,
does not receive those credits, the actual time 
served in prison will be
longer.  The defendant may also 
receive an additional one-half day sentence
credit for each 
day of participation in vocational, industry, substance abuse,

and educational programs as provided for by Illinois statute."



    When the sentence is imposed for one of the offenses 
enumerated in paragraph
(a)(2) of Section 3-6-3, other than 
first degree murder, and the offense was
committed on or after 
June 19, 1998, and when the sentence is imposed for
reckless 
homicide as defined in subsection (e) of Section 9-3 of the 
Criminal
Code of 1961 or the Criminal Code of 2012 if the 
offense was committed on or after January 1, 1999,
and when the 
sentence is imposed for aggravated driving under the influence

of alcohol, other drug or drugs, or intoxicating compound or 
compounds, or
any combination thereof as defined in 
subparagraph (F) of paragraph (1) of
subsection (d) of Section 
11-501 of the Illinois Vehicle Code, and when
the sentence is 
imposed for aggravated arson if the offense was committed
on 
or after July 27, 2001 (the effective date of Public Act 
92-176), and when
the sentence is imposed for aggravated 
driving under the influence of alcohol,
other drug or drugs, 
or intoxicating compound or compounds, or any combination

thereof as defined in subparagraph (C) of paragraph (1) of 
subsection (d) of
Section 11-501 of the Illinois Vehicle Code 
committed on or after January 1, 2011 (the effective date of 
Public Act 96-1230), the judge's
statement, to be given after 
pronouncing the sentence, shall include the
following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois 
as applied to this sentence by the Illinois Department of

Corrections and
the Illinois Prisoner Review Board.  In this 
case,
the defendant is entitled to no more than 4 1/2 days of 
sentence credit for
each month of his or her sentence of 
imprisonment.  Therefore, this defendant
will serve at least 
85% of his or her sentence.  Assuming the defendant
receives 4 
1/2 days credit for each month of his or her sentence, the 
period
of estimated actual custody is ... years and ... 
months.  If the defendant,
because of his or her own misconduct 
or failure to comply with the
institutional regulations 
receives lesser credit, the actual time served in
prison will 
be longer."

    When a sentence of imprisonment is imposed for first 
degree murder and
the offense was committed on or after June 
19, 1998, the judge's statement,
to be given after pronouncing 
the sentence, shall include the following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois 
as applied to this sentence by the Illinois Department
of 
Corrections and the Illinois Prisoner Review Board.  In this 
case, the
defendant is not entitled to sentence credit.  
Therefore, this defendant
will serve 100% of his or her 
sentence."

    When the sentencing order recommends placement in a 
substance abuse program for any offense that results in 
incarceration
in a Department of Corrections facility and the 
crime was
committed on or after September 1, 2003 (the 
effective date of Public Act
93-354), the judge's
statement, 
in addition to any other judge's statement required under this

Section, to be given after pronouncing the sentence, shall 
include the
following:

    "The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois 
as
applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant shall receive no earned sentence credit 
under clause (3) of subsection (a) of Section 3-6-3 until he or

she participates in and completes a substance abuse treatment 
program or receives a waiver from the Director of Corrections 
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

    (c-4) Before the sentencing hearing and as part of the 
presentence investigation under Section 5-3-1, the court shall 
inquire of the defendant whether the defendant is currently 
serving in or is a veteran of the Armed Forces of the United 
States.

If the defendant is currently serving in the Armed 
Forces of the United States or is a veteran of the Armed Forces 
of the United States and has been diagnosed as having a mental 
illness by a qualified psychiatrist or clinical psychologist 
or physician, the court may:
        (1) order that the officer preparing the presentence 
    report consult with the United States Department of 
    Veterans Affairs, Illinois Department of Veterans' 
    Affairs, or another agency or person with suitable 
    knowledge or experience  for the purpose of providing the 
    court with information regarding treatment options 
    available to the defendant, including federal, State, and 
    local programming; and
        (2) consider the treatment recommendations of any 
    diagnosing or treating mental health professionals 
    together with the treatment options available to the 
    defendant in imposing sentence.
    For the purposes of this subsection (c-4), "qualified 
psychiatrist" means a reputable physician licensed in Illinois 
to practice medicine in all its branches, who has specialized 
in the diagnosis and treatment of mental and nervous disorders 
for a period of not less than 5 years. 
    (c-6) In imposing a sentence, the trial judge shall 
specify, on the record, the particular evidence and other 
reasons which led to his or her determination that a motor 
vehicle was used in the commission of the offense. 
    (c-7) In imposing a sentence for a Class 3 or 4 felony, 
other than a violent crime as defined in Section 3 of the 
Rights of Crime Victims and Witnesses Act, the court shall 
determine and indicate in the sentencing order whether the 
defendant has 4 or more or fewer than 4 months remaining on his 
or her sentence accounting for time served. 
    (d) When the defendant is committed to the Department of

Corrections, the State's Attorney shall and counsel for the 
defendant
may file a statement with the clerk of the court to 
be transmitted to
the department, agency or institution to 
which the defendant is
committed to furnish such department, 
agency or institution with the
facts and circumstances of the 
offense for which the person was
committed together with all 
other factual information accessible to them
in regard to the 
person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and

circumstances which may aid such department, agency or 
institution
during its custody of such person.  The clerk shall 
within 10 days after
receiving any such statements transmit a 
copy to such department, agency
or institution and a copy to 
the other party, provided, however, that
this shall not be 
cause for delay in conveying the person to the
department, 
agency or institution to which he has been committed.

    (e) The clerk of the court shall transmit to the 
department,
agency or institution, if any, to which the 
defendant is committed, the
following:

        (1) the sentence imposed;

        (2) any statement by the court of the basis for 
    imposing the sentence;

        (3) any presentence reports;
        (3.3) the person's last known complete street address 
    prior to incarceration or legal residence, the person's 
    race, whether the person is of Hispanic or Latino origin, 
    and whether the person is 18 years of age or older; 

        (3.5) any sex offender evaluations;

        (3.6) any substance abuse treatment eligibility 
    screening and assessment of the defendant by an agent 
    designated by the State of Illinois to provide assessment 
    services for the Illinois courts;

        (4) the number of days, if any, which the defendant 
    has been in
custody and for which he is entitled to credit 
    against the sentence,
which information shall be provided 
    to the clerk by the sheriff;

        (4.1) any finding of great bodily harm made by the 
    court with respect
to an offense enumerated in subsection 
    (c-1);

        (5) all statements filed under subsection (d) of this 
    Section;

        (6) any medical or mental health records or summaries 
    of the defendant;

        (7) the municipality where the arrest of the offender 
    or the commission
of the offense has occurred, where such 
    municipality has a population of
more than 25,000 persons;

        (8) all statements made and evidence offered under 
    paragraph (7) of
subsection (a) of this Section; and

        (9) all additional matters which the court directs the 
    clerk to
transmit.

    (f) In cases in which the court finds that a motor vehicle 
was used in the commission of the offense for which the 
defendant is being sentenced, the clerk of the court shall, 
within 5 days thereafter, forward a report of such conviction 
to the Secretary of State. 
(Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; 
101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, 
Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
 
    Section 10. The No
Representation Without Population Act 
is amended  by changing Section 2-10 as follows:
 
    (730 ILCS 205/2-10)

    Sec. 2-10. Reports to the State Board of Elections. 
    (a) Within 30 days after the effective date of this Act, 
and thereafter, on or before May 1 of each year in which the 
federal decennial census is taken but in which the United 
States Bureau of the Census allocates incarcerated persons as 
residents of correctional facilities, the Department shall 
deliver to the State Board of Elections  the following 
information:
        (1) A unique identifier, not including the name or 
    Department-assigned inmate number, for each incarcerated 
    person subject to the jurisdiction of the Department on 
    the date for which the decennial census reports 
    population. The unique identifier shall enable the State 
    Board of Elections to address inquiries about specific 
    address records to the Department, without making it 
    possible for anyone outside of the Department to identify 
    the inmate to whom the address record pertains.
        (2) The street address of the correctional facility 
    where the person was incarcerated at the time of the 
    report.
        (3) The last known address of the person prior to 
    incarceration or other legal residence, if known. If the 
    last address or legal address of the person is  unknown, 
    the Department shall use, if available, addresses 
    collected for purposes of parole, mandatory supervised 
    release,  or aftercare release programs. 
        (4) The person's race, whether the person is of 
    Hispanic or Latino origin, and whether the person is age 
    18 or older, if known.
        (5) Any additional information as the State Board of 
    Elections may request pursuant to law.
    (b) The Department shall provide the information specified 
in subsection (a) in the form that the State Board of Elections 
shall specify.
    (c) Notwithstanding any other provision of law, the 
information required to be provided to the State Board of 
Elections pursuant to this Section shall not include the name 
of any incarcerated person and shall not allow for the 
identification of any person therefrom, except to the 
Department. The information shall be treated as confidential 
and shall not be disclosed by the State Board of Elections 
except as redistricting data aggregated by census block for 
purposes specified in Section 2-20.

(Source: P.A. 101-652, eff. 1-1-25; 102-813, eff. 5-13-22.)