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;
        (8) all statements made and evidence offered under
    paragraph (7) of subsection (a) of this Section; and
        (9) all additional matters which the court directs the
    clerk to transmit.
(Source: P.A. 92-176, eff. 7-27-01; 92-806, eff. 1-1-03;
93-213, eff. 7-18-03; 93-317, eff. 1-1-04; 93-354, eff. 9-1-03;
93-616, eff. 1-1-04; revised 12-9-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.