|
|
Public Act 094-0156
|
| SB2090 Enrolled |
LRB094 11335 RLC 42178 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 3-6-3 and 5-4-1 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 |
June 19, 1998, the following:
|
(i) that a prisoner who is serving a term of |
imprisonment for first
degree murder or for the offense |
of terrorism shall receive no good conduct
credit and |
shall serve the entire
sentence imposed by the court;
|
(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 June 19, 1998, and |
other than the offense of reckless
homicide as defined in |
subsection (e) of Section 9-3 of the Criminal Code of
1961 |
committed on or after January 1, 1999,
or aggravated |
driving under the influence of alcohol, other drug or |
drugs, or
intoxicating compound or compounds, or any |
combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code,
the rules and regulations shall
|
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.
|
(2.3) The rules and regulations on early release shall |
provide that
a prisoner who is serving a sentence for |
reckless homicide as defined in
subsection (e) of Section |
9-3 of the Criminal Code of 1961 committed on or
after |
January 1, 1999, or aggravated driving under the influence |
of alcohol,
other drug or drugs, or intoxicating compound |
or compounds, or any combination
thereof as defined in |
subparagraph (F) of paragraph (1) of subsection (d) of
|
Section 11-501 of the Illinois Vehicle Code, shall receive |
|
no more than 4.5
days of good conduct credit for each month |
of his or her sentence of
imprisonment.
|
(2.4) The rules and regulations on early release shall |
provide with
respect to the offenses of aggravated battery |
with a machine gun or a firearm
equipped with any device or |
attachment designed or used for silencing the
report of a |
firearm or aggravated discharge of a machine gun or a |
firearm
equipped with any device or attachment designed or |
used for silencing the
report of a firearm, committed on or |
after
July 15, 1999 (the effective date of Public Act |
91-121)
this
amendatory Act of 1999,
that a prisoner |
serving a sentence for any of these offenses shall receive |
no
more than 4.5 days of good conduct credit for each month |
of his or her sentence
of imprisonment.
|
(2.5) The rules and regulations on early release shall |
provide that a
prisoner who is serving a sentence for |
aggravated arson committed on or after
July 27, 2001 (the |
effective date of Public Act 92-176)
this
amendatory Act of |
the 92nd 93rd General Assembly shall receive no more than
|
4.5 days of good conduct credit for each month of his or |
her sentence of
imprisonment.
|
(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,
or |
aggravated driving under the influence of alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or |
any combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
|
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: (i) one |
of the offenses
enumerated in subdivision (a)(2) when the |
offense is committed on or after
June 19, 1998, (ii) |
reckless homicide as
defined in subsection (e) of Section |
9-3 of the Criminal Code of 1961 when
the offense is |
committed on or after January 1, 1999,
or aggravated |
driving under the influence of alcohol, other drug or |
drugs, or
intoxicating compound or compounds, or any |
combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code, (iii) one of the offenses enumerated |
in subdivision
(a)(2.4) when the offense is committed on or |
after
July 15, 1999 (the effective date of Public Act |
91-121)
this
amendatory Act of 1999,
or (iv) aggravated |
arson when the offense is committed
on or after July 27, |
2001 (the effective date of Public Act 92-176)
this |
amendatory Act of the 92nd 93rd General Assembly.
|
(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 June 19,
1998, or if convicted of |
reckless homicide as defined in subsection (e) of
Section |
9-3 of the Criminal Code of 1961 if the offense is |
committed on or
after January 1, 1999,
or aggravated |
driving under the influence of alcohol, other drug or |
drugs, or
intoxicating compound or compounds, or any |
combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code, or if convicted of an offense |
enumerated in paragraph
(a)(2.4) of this Section that is |
committed on or after
July 15, 1999 (the effective date of |
Public Act 91-121)
this
amendatory Act of 1999,
or first |
degree murder, a Class X felony, criminal sexual
assault, |
felony criminal sexual abuse, aggravated criminal sexual |
abuse,
aggravated battery with a firearm, or any |
predecessor or successor offenses
with the same or |
substantially the same elements, or any inchoate offenses
|
relating to the foregoing offenses. No inmate shall be |
eligible for the
additional good conduct credit under this |
paragraph (4) who (i) has previously
received increased |
good conduct credit under this paragraph (4) and has
|
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.
|
(4.5) The rules and regulations on early release shall |
also provide that
when the court's sentencing order |
recommends a prisoner for substance abuse treatment
a |
prisoner who is serving a sentence for a crime committed as |
a result of the
use of, abuse of, or addiction to alcohol |
or a controlled substance and the
crime was committed on or |
after September 1, 2003 (the effective date of
Public Act |
93-354), the prisoner shall receive no good conduct credit |
awarded under clause (3) of this subsection (a) unless
this |
Amendatory Act of the 93rd General Assembly
shall receive |
no good conduct credit until he or she participates in and
|
completes a substance abuse treatment program. The |
Director may waive the requirement to participate in or |
complete a substance abuse treatment program and award the |
good conduct credit in specific instances if the prisoner |
is not a good candidate for a substance abuse treatment |
program for medical, programming or operational reasons.
|
Good conduct credit awarded
under clauses (2), (3), and (4) |
of this subsection (a) for crimes committed on
or after
the |
effective date of this amendatory Act of
the 93rd General |
|
Assembly is subject to the provisions of this clause (4.5).
|
If the prisoner completes a substance abuse treatment |
program, the Department
may award good conduct credit for |
the time spent in treatment. Availability of
substance |
abuse treatment shall be subject to the limits of fiscal |
resources
appropriated by the General Assembly for these |
purposes. If treatment is not
available and the requirement |
to participate and complete the treatment has not been |
waived by the Director, the prisoner shall be placed on a |
waiting list under criteria
established by the Department. |
The Director
Department may allow
require a prisoner placed |
on
a waiting list to participate in and complete
attend a |
substance abuse education class or attend substance
abuse |
self-help meetings in lieu of a substance abuse treatment |
program. A prisoner on a waiting list who is not placed in |
a substance abuse program prior to release may be eligible |
for a waiver and receive good conduct credit under clause |
(3) of this subsection (a) at the discretion of the |
Director. A prisoner may not lose good conduct credit as a
|
result of being placed on a waiting list. A prisoner placed |
on a waiting list
remains eligible for increased good |
conduct credit for participation in an
educational, |
vocational, or correctional industry program under clause |
(4) of
subsection (a) of this Section.
|
(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 Public Act 90-592 or 90-593
this amendatory |
Act of
1998 affects the validity of Public Act 89-404.
|
(Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; |
93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
|
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
|
Sec. 5-4-1. Sentencing Hearing.
|
(a) Except when the death penalty is
sought under hearing |
procedures otherwise specified, after a
determination of |
guilt, a hearing shall be held to impose the sentence.
However, |
prior to the imposition of sentence on an individual being
|
sentenced for an offense based upon a charge for a violation of |
Section
11-501 of the Illinois Vehicle Code or a similar |
provision of a local
ordinance, the individual must undergo a |
professional evaluation to
determine if an alcohol or other |
drug abuse problem exists and the extent
of such a problem. |
Programs conducting these evaluations shall be
licensed by the |
Department of Human Services. However, if the individual is
not |
a resident of Illinois, the court
may, in its discretion, |
accept an evaluation from a program in the state of
such |
individual's residence. The court may in its sentencing order |
approve an
eligible defendant for placement in a Department of |
Corrections impact
incarceration program as provided in |
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing |
order recommend a defendant for placement in a Department of |
Corrections substance abuse treatment program as provided in |
|
paragraph (a) of subsection (1) of Section 3-2-2 conditioned |
upon the defendant being accepted in a program by the |
Department of Corrections. At the
hearing the court
shall:
|
(1) consider the evidence, if any, received upon the |
trial;
|
(2) consider any presentence reports;
|
(3) consider the financial impact of incarceration |
based on the
financial impact statement filed with the |
clerk of the court by the
Department of Corrections;
|
(4) consider evidence and information offered by the |
parties in
aggravation and mitigation; |
(4.5) consider substance abuse treatment, eligibility |
screening, and an assessment, if any, of the defendant by |
an agent designated by the State of Illinois to provide |
assessment services for the Illinois courts;
|
(5) hear arguments as to sentencing alternatives;
|
(6) afford the defendant the opportunity to make a |
statement in his
own behalf;
|
(7) afford the victim of a violent crime or a violation |
of Section
11-501 of the Illinois Vehicle Code, or a |
similar provision of a local
ordinance, or a qualified |
individual affected by: (i) a violation of Section
405, |
405.1, 405.2, or 407 of the Illinois Controlled Substances |
Act,
or (ii) a Class 4 felony violation of Section 11-14, |
11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code |
of 1961,
committed by the defendant the opportunity to make |
a statement
concerning the impact on the victim and to |
offer evidence in aggravation or
mitigation; provided that |
the statement and evidence offered in aggravation
or |
mitigation must first be prepared in writing in conjunction |
with the
State's Attorney before it may be presented orally |
at the hearing. Any
sworn testimony offered by the victim |
is subject to the defendant's right
to cross-examine. All |
statements and evidence offered under this paragraph
(7) |
shall become part of the record of the court. For the |
purpose of this
paragraph (7), "qualified individual" |
|
means any person who (i) lived or worked
within the |
territorial jurisdiction where the offense took place when |
the
offense took place;
and (ii) is familiar with various |
public places within the territorial
jurisdiction where
|
the offense took place when the offense took place. For the |
purposes of
this paragraph (7), "qualified individual" |
includes any peace officer,
or any member of any duly |
organized State, county, or municipal peace unit
assigned |
to the territorial jurisdiction where the offense took |
place when the
offense took
place;
|
(8) in cases of reckless homicide afford the victim's |
spouse,
guardians, parents or other immediate family |
members an opportunity to make
oral statements; and
|
(9) in cases involving a felony sex offense as defined |
under the Sex
Offender
Management Board Act, consider the |
results of the sex offender evaluation
conducted pursuant |
to Section 5-3-2 of this Act.
|
(b) All sentences shall be imposed by the judge based upon |
his
independent assessment of the elements specified above and |
any agreement
as to sentence reached by the parties. The judge |
who presided at the
trial or the judge who accepted the plea of |
guilty shall impose the
sentence unless he is no longer sitting |
as a judge in that court. Where
the judge does not impose |
sentence at the same time on all defendants
who are convicted |
as a result of being involved in the same offense, the
|
defendant or the State's Attorney may advise the sentencing |
court of the
disposition of any other defendants who have been |
sentenced.
|
(c) In imposing a sentence for a violent crime or for an |
offense of
operating or being in physical control of a vehicle |
while under the
influence of alcohol, any other drug or any |
combination thereof, or a
similar provision of a local |
ordinance, when such offense resulted in the
personal injury to |
someone other than the defendant, the trial judge shall
specify |
on the record the particular evidence, information, factors in
|
mitigation and aggravation or other reasons that led to his |
|
sentencing
determination. The full verbatim record of the |
sentencing hearing shall be
filed with the clerk of the court |
and shall be a public record.
|
(c-1) In imposing a sentence for the offense of aggravated |
kidnapping for
ransom, home invasion, armed robbery, |
aggravated vehicular hijacking,
aggravated discharge of a |
firearm, or armed violence with a category I weapon
or category |
II weapon,
the trial judge shall make a finding as to whether |
the conduct leading to
conviction for the offense resulted in |
great bodily harm to a victim, and
shall enter that finding and |
the basis for that finding in the record.
|
(c-2) If the defendant is sentenced to prison, other than |
when a sentence of
natural life imprisonment or a sentence of |
death is imposed, at the time
the sentence is imposed the judge |
shall
state on the record in open court the approximate period |
of time the defendant
will serve in custody according to the |
then current statutory rules and
regulations for early release |
found in Section 3-6-3 and other related
provisions of this |
Code. This statement is intended solely to inform the
public, |
has no legal effect on the defendant's actual release, and may |
not be
relied on by the defendant on appeal.
|
The judge's statement, to be given after pronouncing the |
sentence, other than
when the sentence is imposed for one of |
the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, |
shall include the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this |
case, assuming the defendant
receives all of his or her good |
conduct credit, the period of estimated actual
custody is ... |
years and ... months, less up to 180 days additional good
|
conduct credit for meritorious service. If the defendant, |
because of his or
her own misconduct or failure to comply with |
|
the institutional regulations,
does not receive those credits, |
the actual time served in prison will be
longer. The defendant |
may also receive an additional one-half day good conduct
credit |
for each day of participation in vocational, industry, |
substance abuse,
and educational programs as provided for by |
Illinois statute."
|
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(3) of Section 3-6-3, other than |
when the sentence is imposed for one of the
offenses enumerated |
in paragraph (a)(2) of Section 3-6-3 committed on or after
June |
19, 1998, and other than when the sentence is imposed for
|
reckless homicide as defined in subsection (e) of Section 9-3 |
of the Criminal
Code of 1961 if the offense was committed on or |
after January 1, 1999, and
other than when the sentence is |
imposed for aggravated arson if the offense was
committed on or |
after July 27, 2001 (the effective date of Public Act
92-176)
|
this amendatory Act of the 92nd 93rd General Assembly, the
|
judge's statement, to be given after pronouncing the sentence, |
shall include
the following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and the Illinois Prisoner Review Board. In this |
case,
assuming the defendant
receives all of his or her good |
conduct credit, the period of estimated actual
custody is ... |
years and ... months, less up to 90 days additional good
|
conduct credit for meritorious service. If the defendant, |
because of his or
her own misconduct or failure to comply with |
the institutional regulations,
does not receive those credits, |
the actual time served in prison will be
longer. The defendant |
may also receive an additional one-half day good conduct
credit |
for each day of participation in vocational, industry, |
substance abuse,
and educational programs as provided for by |
Illinois statute."
|
|
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(2) of Section 3-6-3, other than |
first degree murder, and the offense was
committed on or after |
June 19, 1998, and when the sentence is imposed for
reckless |
homicide as defined in subsection (e) of Section 9-3 of the |
Criminal
Code of 1961 if the offense was committed on or after |
January 1, 1999,
and when the sentence is imposed for |
aggravated driving under the influence
of alcohol, other drug |
or drugs, or intoxicating compound or compounds, or
any |
combination thereof as defined in subparagraph (F) of paragraph |
(1) of
subsection (d) of Section 11-501 of the Illinois Vehicle |
Code, and when
the sentence is imposed for aggravated arson if |
the offense was committed
on or after July 27, 2001 (the |
effective date of Public Act 92-176)
this amendatory Act of the |
92nd 93rd General Assembly, the judge's
statement, to be given |
after pronouncing the sentence, shall include the
following:
|
"The purpose of this statement is to inform the public of |
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this |
case,
the defendant is entitled to no more than 4 1/2 days of |
good conduct credit for
each month of his or her sentence of |
imprisonment. Therefore, this defendant
will serve at least 85% |
of his or her sentence. Assuming the defendant
receives 4 1/2 |
days credit for each month of his or her sentence, the period
|
of estimated actual custody is ... years and ... months. If the |
defendant,
because of his or her own misconduct or failure to |
comply with the
institutional regulations receives lesser |
credit, the actual time served in
prison will be longer."
|
When a sentence of imprisonment is imposed for first degree |
murder and
the offense was committed on or after June 19, 1998, |
the judge's statement,
to be given after pronouncing the |
sentence, shall include the following:
|
"The purpose of this statement is to inform the public of |
|
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as |
applied to this sentence by the Illinois Department
of |
Corrections and the Illinois Prisoner Review Board. In this |
case, the
defendant is not entitled to good conduct credit. |
Therefore, this defendant
will serve 100% of his or her |
sentence."
|
When the sentencing order recommends placement in a |
substance abuse program
sentence is imposed for any offense |
that results in incarceration
in a Department of Corrections |
facility committed as a result of the use of,
abuse of, or |
addiction to alcohol or a controlled substance and the crime |
was
committed on or after September 1, 2003 (the effective date |
of Public Act
93-354)
this amendatory Act of the 93rd General |
Assembly, the judge's
statement, in addition to any other |
judge's statement required under this
Section, to be given |
after pronouncing the sentence, shall include the
following:
|
"The purpose of this statement is to inform the public of
|
the actual period of time this defendant is likely to spend in
|
prison as a result of this sentence. The actual period of
|
prison time served is determined by the statutes of Illinois as
|
applied to this sentence by the Illinois Department of
|
Corrections and the Illinois Prisoner Review Board. In this
|
case, the defendant shall receive no good conduct credit under |
clause (3) of subsection (a) of Section 3-6-3 until he or
she |
participates in and completes a substance abuse treatment |
program or receives a waiver from the Director of Corrections |
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
|
(d) When the defendant is committed to the Department of
|
Corrections, the State's Attorney shall and counsel for the |
defendant
may file a statement with the clerk of the court to |
be transmitted to
the department, agency or institution to |
which the defendant is
committed to furnish such department, |
agency or institution with the
facts and circumstances of the |
offense for which the person was
committed together with all |
|
other factual information accessible to them
in regard to the |
person prior to his commitment relative to his habits,
|
associates, disposition and reputation and any other facts and
|
circumstances which may aid such department, agency or |
institution
during its custody of such person. The clerk shall |
within 10 days after
receiving any such statements transmit a |
copy to such department, agency
or institution and a copy to |
the other party, provided, however, that
this shall not be |
cause for delay in conveying the person to the
department, |
agency or institution to which he has been committed.
|
(e) The clerk of the court shall transmit to the |
department,
agency or institution, if any, to which the |
defendant is committed, the
following:
|
(1) the sentence imposed;
|
(2) any statement by the court of the basis for |
imposing the sentence;
|
(3) any presentence reports;
|
(3.5) any sex offender evaluations;
|
(3.6) any substance abuse treatment eligibility |
screening and assessment of the defendant by an agent |
designated by the State of Illinois to provide assessment |
services for the Illinois courts;
|
(4) the number of days, if any, which the defendant has |
been in
custody and for which he is entitled to credit |
against the sentence,
which information shall be provided |
to the clerk by the sheriff;
|
(4.1) any finding of great bodily harm made by the |
court with respect
to an offense enumerated in subsection |
(c-1);
|
(5) all statements filed under subsection (d) of this |
Section;
|
(6) any medical or mental health records or summaries |
of the defendant;
|
(7) the municipality where the arrest of the offender |
or the commission
of the offense has occurred, where such |
municipality has a population of
more than 25,000 persons;
|