101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4797

 

Introduced 2/18/2020, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000 and if based on a prior conviction must only be for felony theft. Amends the Illinois Identification Card Act. Provides that the Secretary of State may, upon request of a person committed to the Department of Corrections, issue a limited period identification card to the committed person that shall be valid during the period of his or her incarceration. Amends the Code of Criminal Procedure of 1963 concerning the reduction or modification of a defendant's sentence. Amends the Unified Code of Corrections. Provides that not later than 2 years after the effective date of the amendatory Act, the Director of Corrections, in consultation with the Independent Review Committee created by the amendatory Act, shall develop and release publicly on the Department of Corrections website a risk and needs assessment system. Describes the system. Provides that a committed person shall be assigned to an institution or facility of the Department that is located within 200 miles of his or her residence immediately before the committed person's admission to the Department. Provides that a committed person who successfully completes evidence-based recidivism reduction programming or productive activities shall receive additional sentence credits. Prohibits handcuffs, shackles, or restraints of any kind to be used on new mothers for 3 months after delivery. Provides that a person at least 60 years of age who has served at least two-thirds of his or her sentence may petition the Department for participation in an atonement and restorative justice program prepared by the Department. Amends the County Jail Act to make conforming changes.


LRB101 19413 RLC 68885 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4797LRB101 19413 RLC 68885 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Illinois
5First Step Act.
 
6    Section 5. The Illinois Identification Card Act is amended
7by changing Section 4 as follows:
 
8    (15 ILCS 335/4)  (from Ch. 124, par. 24)
9    Sec. 4. Identification card.
10    (a) The Secretary of State shall issue a standard Illinois
11Identification Card to any natural person who is a resident of
12the State of Illinois who applies for such card, or renewal
13thereof. No identification card shall be issued to any person
14who holds a valid foreign state identification card, license,
15or permit unless the person first surrenders to the Secretary
16of State the valid foreign state identification card, license,
17or permit. The card shall be prepared and supplied by the
18Secretary of State and shall include a photograph and signature
19or mark of the applicant. However, the Secretary of State may
20provide by rule for the issuance of Illinois Identification
21Cards without photographs if the applicant has a bona fide
22religious objection to being photographed or to the display of

 

 

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1his or her photograph. The Illinois Identification Card may be
2used for identification purposes in any lawful situation only
3by the person to whom it was issued. As used in this Act,
4"photograph" means any color photograph or digitally produced
5and captured image of an applicant for an identification card.
6As used in this Act, "signature" means the name of a person as
7written by that person and captured in a manner acceptable to
8the Secretary of State.
9    (a-5) If an applicant for an identification card has a
10current driver's license or instruction permit issued by the
11Secretary of State, the Secretary may require the applicant to
12utilize the same residence address and name on the
13identification card, driver's license, and instruction permit
14records maintained by the Secretary. The Secretary may
15promulgate rules to implement this provision.
16    (a-10) If the applicant is a judicial officer as defined in
17Section 1-10 of the Judicial Privacy Act or a peace officer,
18the applicant may elect to have his or her office or work
19address listed on the card instead of the applicant's residence
20or mailing address. The Secretary may promulgate rules to
21implement this provision. For the purposes of this subsection
22(a-10), "peace officer" means any person who by virtue of his
23or her office or public employment is vested by law with a duty
24to maintain public order or to make arrests for a violation of
25any penal statute of this State, whether that duty extends to
26all violations or is limited to specific violations.

 

 

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1    (a-15) The Secretary of State may provide for an expedited
2process for the issuance of an Illinois Identification Card.
3The Secretary shall charge an additional fee for the expedited
4issuance of an Illinois Identification Card, to be set by rule,
5not to exceed $75. All fees collected by the Secretary for
6expedited Illinois Identification Card service shall be
7deposited into the Secretary of State Special Services Fund.
8The Secretary may adopt rules regarding the eligibility,
9process, and fee for an expedited Illinois Identification Card.
10If the Secretary of State determines that the volume of
11expedited identification card requests received on a given day
12exceeds the ability of the Secretary to process those requests
13in an expedited manner, the Secretary may decline to provide
14expedited services, and the additional fee for the expedited
15service shall be refunded to the applicant.
16    (a-20) The Secretary of State shall issue a standard
17Illinois Identification Card to a committed person upon release
18on parole, mandatory supervised release, aftercare release,
19final discharge, or pardon from the Department of Corrections
20or Department of Juvenile Justice, if the released person
21presents a certified copy of his or her birth certificate,
22social security card or other documents authorized by the
23Secretary, and 2 documents proving his or her Illinois
24residence address. Documents proving residence address may
25include any official document of the Department of Corrections
26or the Department of Juvenile Justice showing the released

 

 

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1person's address after release and a Secretary of State
2prescribed certificate of residency form, which may be executed
3by Department of Corrections or Department of Juvenile Justice
4personnel.
5    (a-25) Upon request of a person incarcerated in a
6Department of Corrections facility, the Secretary of State may
7issue a limited-term Illinois Identification Card valid during
8the period of incarceration of the committed person in a
9Department of Corrections institution or facility. The
10Secretary of State shall issue a limited-term Illinois
11Identification Card valid for 90 days to a committed person
12upon release on parole, mandatory supervised release,
13aftercare release, final discharge, or pardon from the
14Department of Corrections or Department of Juvenile Justice, if
15the released person is unable to present a certified copy of
16his or her birth certificate and social security card or other
17documents authorized by the Secretary, but does present a
18Secretary of State prescribed verification form completed by
19the Department of Corrections or Department of Juvenile
20Justice, verifying the released person's date of birth and
21social security number and 2 documents proving his or her
22Illinois residence address. The verification form must have
23been completed no more than 30 days prior to the date of
24application for the Illinois Identification Card. Documents
25proving residence address shall include any official document
26of the Department of Corrections or the Department of Juvenile

 

 

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1Justice showing the person's address after release and a
2Secretary of State prescribed certificate of residency, which
3may be executed by Department of Corrections or Department of
4Juvenile Justice personnel.
5    Prior to the expiration of the 90-day period of the
6limited-term Illinois Identification Card, if the released
7person submits to the Secretary of State a certified copy of
8his or her birth certificate and his or her social security
9card or other documents authorized by the Secretary, a standard
10Illinois Identification Card shall be issued. A limited-term
11Illinois Identification Card may not be renewed.
12    (a-30) The Secretary of State shall issue a standard
13Illinois Identification Card to a person upon conditional
14release or absolute discharge from the custody of the
15Department of Human Services, if the person presents a
16certified copy of his or her birth certificate, social security
17card, or other documents authorized by the Secretary, and a
18document proving his or her Illinois residence address. The
19Secretary of State shall issue a standard Illinois
20Identification Card to a person no sooner than 14 days prior to
21his or her conditional release or absolute discharge if
22personnel from the Department of Human Services bring the
23person to a Secretary of State location with the required
24documents. Documents proving residence address may include any
25official document of the Department of Human Services showing
26the person's address after release and a Secretary of State

 

 

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1prescribed verification form, which may be executed by
2personnel of the Department of Human Services.
3    (a-35) The Secretary of State shall issue a limited-term
4Illinois Identification Card valid for 90 days to a person upon
5conditional release or absolute discharge from the custody of
6the Department of Human Services, if the person is unable to
7present a certified copy of his or her birth certificate and
8social security card or other documents authorized by the
9Secretary, but does present a Secretary of State prescribed
10verification form completed by the Department of Human
11Services, verifying the person's date of birth and social
12security number, and a document proving his or her Illinois
13residence address. The verification form must have been
14completed no more than 30 days prior to the date of application
15for the Illinois Identification Card. The Secretary of State
16shall issue a limited-term Illinois Identification Card to a
17person no sooner than 14 days prior to his or her conditional
18release or absolute discharge if personnel from the Department
19of Human Services bring the person to a Secretary of State
20location with the required documents. Documents proving
21residence address shall include any official document of the
22Department of Human Services showing the person's address after
23release and a Secretary of State prescribed verification form,
24which may be executed by personnel of the Department of Human
25Services.
26    (b) The Secretary of State shall issue a special Illinois

 

 

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1Identification Card, which shall be known as an Illinois Person
2with a Disability Identification Card, to any natural person
3who is a resident of the State of Illinois, who is a person
4with a disability as defined in Section 4A of this Act, who
5applies for such card, or renewal thereof. No Illinois Person
6with a Disability Identification Card shall be issued to any
7person who holds a valid foreign state identification card,
8license, or permit unless the person first surrenders to the
9Secretary of State the valid foreign state identification card,
10license, or permit. The Secretary of State shall charge no fee
11to issue such card. The card shall be prepared and supplied by
12the Secretary of State, and shall include a photograph and
13signature or mark of the applicant, a designation indicating
14that the card is an Illinois Person with a Disability
15Identification Card, and shall include a comprehensible
16designation of the type and classification of the applicant's
17disability as set out in Section 4A of this Act. However, the
18Secretary of State may provide by rule for the issuance of
19Illinois Person with a Disability Identification Cards without
20photographs if the applicant has a bona fide religious
21objection to being photographed or to the display of his or her
22photograph. If the applicant so requests, the card shall
23include a description of the applicant's disability and any
24information about the applicant's disability or medical
25history which the Secretary determines would be helpful to the
26applicant in securing emergency medical care. If a mark is used

 

 

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1in lieu of a signature, such mark shall be affixed to the card
2in the presence of two witnesses who attest to the authenticity
3of the mark. The Illinois Person with a Disability
4Identification Card may be used for identification purposes in
5any lawful situation by the person to whom it was issued.
6    The Illinois Person with a Disability Identification Card
7may be used as adequate documentation of disability in lieu of
8a physician's determination of disability, a determination of
9disability from a physician assistant, a determination of
10disability from an advanced practice registered nurse, or any
11other documentation of disability whenever any State law
12requires that a person with a disability provide such
13documentation of disability, however an Illinois Person with a
14Disability Identification Card shall not qualify the
15cardholder to participate in any program or to receive any
16benefit which is not available to all persons with like
17disabilities. Notwithstanding any other provisions of law, an
18Illinois Person with a Disability Identification Card, or
19evidence that the Secretary of State has issued an Illinois
20Person with a Disability Identification Card, shall not be used
21by any person other than the person named on such card to prove
22that the person named on such card is a person with a
23disability or for any other purpose unless the card is used for
24the benefit of the person named on such card, and the person
25named on such card consents to such use at the time the card is
26so used.

 

 

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1    An optometrist's determination of a visual disability
2under Section 4A of this Act is acceptable as documentation for
3the purpose of issuing an Illinois Person with a Disability
4Identification Card.
5    When medical information is contained on an Illinois Person
6with a Disability Identification Card, the Office of the
7Secretary of State shall not be liable for any actions taken
8based upon that medical information.
9    (c) The Secretary of State shall provide that each original
10or renewal Illinois Identification Card or Illinois Person with
11a Disability Identification Card issued to a person under the
12age of 21 shall be of a distinct nature from those Illinois
13Identification Cards or Illinois Person with a Disability
14Identification Cards issued to individuals 21 years of age or
15older. The color designated for Illinois Identification Cards
16or Illinois Person with a Disability Identification Cards for
17persons under the age of 21 shall be at the discretion of the
18Secretary of State.
19    (c-1) Each original or renewal Illinois Identification
20Card or Illinois Person with a Disability Identification Card
21issued to a person under the age of 21 shall display the date
22upon which the person becomes 18 years of age and the date upon
23which the person becomes 21 years of age.
24    (c-3) The General Assembly recognizes the need to identify
25military veterans living in this State for the purpose of
26ensuring that they receive all of the services and benefits to

 

 

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1which they are legally entitled, including healthcare,
2education assistance, and job placement. To assist the State in
3identifying these veterans and delivering these vital services
4and benefits, the Secretary of State is authorized to issue
5Illinois Identification Cards and Illinois Person with a
6Disability Identification Cards with the word "veteran"
7appearing on the face of the cards. This authorization is
8predicated on the unique status of veterans. The Secretary may
9not issue any other identification card which identifies an
10occupation, status, affiliation, hobby, or other unique
11characteristics of the identification card holder which is
12unrelated to the purpose of the identification card.
13    (c-5) Beginning on or before July 1, 2015, the Secretary of
14State shall designate a space on each original or renewal
15identification card where, at the request of the applicant, the
16word "veteran" shall be placed. The veteran designation shall
17be available to a person identified as a veteran under
18subsection (b) of Section 5 of this Act who was discharged or
19separated under honorable conditions.
20    (d) The Secretary of State may issue a Senior Citizen
21discount card, to any natural person who is a resident of the
22State of Illinois who is 60 years of age or older and who
23applies for such a card or renewal thereof. The Secretary of
24State shall charge no fee to issue such card. The card shall be
25issued in every county and applications shall be made available
26at, but not limited to, nutrition sites, senior citizen centers

 

 

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1and Area Agencies on Aging. The applicant, upon receipt of such
2card and prior to its use for any purpose, shall have affixed
3thereon in the space provided therefor his signature or mark.
4    (e) The Secretary of State, in his or her discretion, may
5designate on each Illinois Identification Card or Illinois
6Person with a Disability Identification Card a space where the
7card holder may place a sticker or decal, issued by the
8Secretary of State, of uniform size as the Secretary may
9specify, that shall indicate in appropriate language that the
10card holder has renewed his or her Illinois Identification Card
11or Illinois Person with a Disability Identification Card.
12(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1399-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
14100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
15    Section 10. The Criminal Code of 2012 is amended by
16changing Sections 16-1 and 16-25 as follows:
 
17    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
18    Sec. 16-1. Theft.
19    (a) A person commits theft when he or she knowingly:
20        (1) Obtains or exerts unauthorized control over
21    property of the owner; or
22        (2) Obtains by deception control over property of the
23    owner; or
24        (3) Obtains by threat control over property of the

 

 

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1    owner; or
2        (4) Obtains control over stolen property knowing the
3    property to have been stolen or under such circumstances as
4    would reasonably induce him or her to believe that the
5    property was stolen; or
6        (5) Obtains or exerts control over property in the
7    custody of any law enforcement agency which any law
8    enforcement officer or any individual acting in behalf of a
9    law enforcement agency explicitly represents to the person
10    as being stolen or represents to the person such
11    circumstances as would reasonably induce the person to
12    believe that the property was stolen, and
13            (A) Intends to deprive the owner permanently of the
14        use or benefit of the property; or
15            (B) Knowingly uses, conceals or abandons the
16        property in such manner as to deprive the owner
17        permanently of such use or benefit; or
18            (C) Uses, conceals, or abandons the property
19        knowing such use, concealment or abandonment probably
20        will deprive the owner permanently of such use or
21        benefit.
22    (b) Sentence.
23        (1) Theft of property not from the person and not
24    exceeding $2,000 $500 in value is a Class A misdemeanor.
25        (1.1) Theft of property not from the person and not
26    exceeding $2,000 $500 in value is a Class 4 felony if the

 

 

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1    theft was committed in a school or place of worship or if
2    the theft was of governmental property.
3        (2) A person who has been convicted of theft of
4    property not from the person and not exceeding $2,000 $500
5    in value who has been previously convicted of felony any
6    type of theft, robbery, armed robbery, burglary,
7    residential burglary, possession of burglary tools, home
8    invasion, forgery, a violation of Section 4-103, 4-103.1,
9    4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
10    to the possession of a stolen or converted motor vehicle,
11    or a violation of Section 17-36 of the Criminal Code of
12    1961 or the Criminal Code of 2012, or Section 8 of the
13    Illinois Credit Card and Debit Card Act is guilty of a
14    Class 4 felony.
15        (3) (Blank).
16        (4) Theft of property from the person not exceeding
17    $2,000 $500 in value, or theft of property exceeding $2,000
18    $500 and not exceeding $10,000 in value, is a Class 3
19    felony.
20        (4.1) Theft of property from the person not exceeding
21    $2,000 $500 in value, or theft of property exceeding $2,000
22    $500 and not exceeding $10,000 in value, is a Class 2
23    felony if the theft was committed in a school or place of
24    worship or if the theft was of governmental property.
25        (5) Theft of property exceeding $10,000 and not
26    exceeding $100,000 in value is a Class 2 felony.

 

 

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1        (5.1) Theft of property exceeding $10,000 and not
2    exceeding $100,000 in value is a Class 1 felony if the
3    theft was committed in a school or place of worship or if
4    the theft was of governmental property.
5        (6) Theft of property exceeding $100,000 and not
6    exceeding $500,000 in value is a Class 1 felony.
7        (6.1) Theft of property exceeding $100,000 in value is
8    a Class X felony if the theft was committed in a school or
9    place of worship or if the theft was of governmental
10    property.
11        (6.2) Theft of property exceeding $500,000 and not
12    exceeding $1,000,000 in value is a Class 1
13    non-probationable felony.
14        (6.3) Theft of property exceeding $1,000,000 in value
15    is a Class X felony.
16        (7) Theft by deception, as described by paragraph (2)
17    of subsection (a) of this Section, in which the offender
18    obtained money or property valued at $5,000 or more from a
19    victim 60 years of age or older or a person with a
20    disability is a Class 2 felony.
21        (8) Theft by deception, as described by paragraph (2)
22    of subsection (a) of this Section, in which the offender
23    falsely poses as a landlord or agent or employee of the
24    landlord and obtains a rent payment or a security deposit
25    from a tenant is a Class 3 felony if the rent payment or
26    security deposit obtained does not exceed $500.

 

 

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1        (9) Theft by deception, as described by paragraph (2)
2    of subsection (a) of this Section, in which the offender
3    falsely poses as a landlord or agent or employee of the
4    landlord and obtains a rent payment or a security deposit
5    from a tenant is a Class 2 felony if the rent payment or
6    security deposit obtained exceeds $500 and does not exceed
7    $10,000.
8        (10) Theft by deception, as described by paragraph (2)
9    of subsection (a) of this Section, in which the offender
10    falsely poses as a landlord or agent or employee of the
11    landlord and obtains a rent payment or a security deposit
12    from a tenant is a Class 1 felony if the rent payment or
13    security deposit obtained exceeds $10,000 and does not
14    exceed $100,000.
15        (11) Theft by deception, as described by paragraph (2)
16    of subsection (a) of this Section, in which the offender
17    falsely poses as a landlord or agent or employee of the
18    landlord and obtains a rent payment or a security deposit
19    from a tenant is a Class X felony if the rent payment or
20    security deposit obtained exceeds $100,000.
21    (c) When a charge of theft of property exceeding a
22specified value is brought, the value of the property involved
23is an element of the offense to be resolved by the trier of
24fact as either exceeding or not exceeding the specified value.
25    (d) Theft by lessee; permissive inference. The trier of
26fact may infer evidence that a person intends to deprive the

 

 

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1owner permanently of the use or benefit of the property (1) if
2a lessee of the personal property of another fails to return it
3to the owner within 10 days after written demand from the owner
4for its return or (2) if a lessee of the personal property of
5another fails to return it to the owner within 24 hours after
6written demand from the owner for its return and the lessee had
7presented identification to the owner that contained a
8materially fictitious name, address, or telephone number. A
9notice in writing, given after the expiration of the leasing
10agreement, addressed and mailed, by registered mail, to the
11lessee at the address given by him and shown on the leasing
12agreement shall constitute proper demand.
13    (e) Permissive inference; evidence of intent that a person
14obtains by deception control over property. The trier of fact
15may infer that a person "knowingly obtains by deception control
16over property of the owner" when he or she fails to return,
17within 45 days after written demand from the owner, the
18downpayment and any additional payments accepted under a
19promise, oral or in writing, to perform services for the owner
20for consideration of $3,000 or more, and the promisor knowingly
21without good cause failed to substantially perform pursuant to
22the agreement after taking a down payment of 10% or more of the
23agreed upon consideration. This provision shall not apply where
24the owner initiated the suspension of performance under the
25agreement, or where the promisor responds to the notice within
26the 45-day notice period. A notice in writing, addressed and

 

 

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1mailed, by registered mail, to the promisor at the last known
2address of the promisor, shall constitute proper demand.
3    (f) Offender's interest in the property.
4        (1) It is no defense to a charge of theft of property
5    that the offender has an interest therein, when the owner
6    also has an interest to which the offender is not entitled.
7        (2) Where the property involved is that of the
8    offender's spouse, no prosecution for theft may be
9    maintained unless the parties were not living together as
10    man and wife and were living in separate abodes at the time
11    of the alleged theft.
12(Source: P.A. 101-394, eff. 1-1-20.)
 
13    (720 ILCS 5/16-25)
14    Sec. 16-25. Retail theft.
15    (a) A person commits retail theft when he or she knowingly:
16        (1) Takes possession of, carries away, transfers or
17    causes to be carried away or transferred any merchandise
18    displayed, held, stored or offered for sale in a retail
19    mercantile establishment with the intention of retaining
20    such merchandise or with the intention of depriving the
21    merchant permanently of the possession, use or benefit of
22    such merchandise without paying the full retail value of
23    such merchandise; or
24        (2) Alters, transfers, or removes any label, price tag,
25    marking, indicia of value or any other markings which aid

 

 

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1    in determining value affixed to any merchandise displayed,
2    held, stored or offered for sale in a retail mercantile
3    establishment and attempts to purchase such merchandise at
4    less than the full retail value with the intention of
5    depriving the merchant of the full retail value of such
6    merchandise; or
7        (3) Transfers any merchandise displayed, held, stored
8    or offered for sale in a retail mercantile establishment
9    from the container in or on which such merchandise is
10    displayed to any other container with the intention of
11    depriving the merchant of the full retail value of such
12    merchandise; or
13        (4) Under-rings with the intention of depriving the
14    merchant of the full retail value of the merchandise; or
15        (5) Removes a shopping cart from the premises of a
16    retail mercantile establishment without the consent of the
17    merchant given at the time of such removal with the
18    intention of depriving the merchant permanently of the
19    possession, use or benefit of such cart; or
20        (6) Represents to a merchant that he, she, or another
21    is the lawful owner of property, knowing that such
22    representation is false, and conveys or attempts to convey
23    that property to a merchant who is the owner of the
24    property in exchange for money, merchandise credit or other
25    property of the merchant; or
26        (7) Uses or possesses any theft detection shielding

 

 

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1    device or theft detection device remover with the intention
2    of using such device to deprive the merchant permanently of
3    the possession, use or benefit of any merchandise
4    displayed, held, stored or offered for sale in a retail
5    mercantile establishment without paying the full retail
6    value of such merchandise; or
7        (8) Obtains or exerts unauthorized control over
8    property of the owner and thereby intends to deprive the
9    owner permanently of the use or benefit of the property
10    when a lessee of the personal property of another fails to
11    return it to the owner, or if the lessee fails to pay the
12    full retail value of such property to the lessor in
13    satisfaction of any contractual provision requiring such,
14    within 10 days after written demand from the owner for its
15    return. A notice in writing, given after the expiration of
16    the leasing agreement, by registered mail, to the lessee at
17    the address given by the lessee and shown on the leasing
18    agreement shall constitute proper demand.
19    (b) Theft by emergency exit. A person commits theft by
20emergency exit when he or she commits a retail theft as defined
21in subdivisions (a)(1) through (a)(8) of this Section and to
22facilitate the theft he or she leaves the retail mercantile
23establishment by use of a designated emergency exit.
24    (c) Permissive inference. If any person:
25        (1) conceals upon his or her person or among his or her
26    belongings unpurchased merchandise displayed, held, stored

 

 

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1    or offered for sale in a retail mercantile establishment;
2    and
3        (2) removes that merchandise beyond the last known
4    station for receiving payments for that merchandise in that
5    retail mercantile establishment,
6then the trier of fact may infer that the person possessed,
7carried away or transferred such merchandise with the intention
8of retaining it or with the intention of depriving the merchant
9permanently of the possession, use or benefit of such
10merchandise without paying the full retail value of such
11merchandise.
12    To "conceal" merchandise means that, although there may be
13some notice of its presence, that merchandise is not visible
14through ordinary observation.
15    (d) Venue. Multiple thefts committed by the same person as
16part of a continuing course of conduct in different
17jurisdictions that have been aggregated in one jurisdiction may
18be prosecuted in any jurisdiction in which one or more of the
19thefts occurred.
20    (e) For the purposes of this Section, "theft detection
21shielding device" means any laminated or coated bag or device
22designed and intended to shield merchandise from detection by
23an electronic or magnetic theft alarm sensor.
24    (f) Sentence.
25        (1) A violation of any of subdivisions (a)(1) through
26    (a)(6) and (a)(8) of this Section, the full retail value of

 

 

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1    which does not exceed $2,000 $300 for property other than
2    motor fuel or $150 for motor fuel, is a Class A
3    misdemeanor. A violation of subdivision (a)(7) of this
4    Section is a Class A misdemeanor for a first offense and a
5    Class 4 felony for a second or subsequent offense. Theft by
6    emergency exit of property, the full retail value of which
7    does not exceed $2,000 $300, is a Class 4 felony.
8        (2) A person who has been convicted of retail theft of
9    property under any of subdivisions (a)(1) through (a)(6)
10    and (a)(8) of this Section, the full retail value of which
11    does not exceed $2,000 $300 for property other than motor
12    fuel or $150 for motor fuel, and who has been previously
13    convicted of any type of theft, robbery, armed robbery,
14    burglary, residential burglary, possession of burglary
15    tools, home invasion, unlawful use of a credit card, or
16    forgery is guilty of a Class 4 felony. A person who has
17    been convicted of theft by emergency exit of property, the
18    full retail value of which does not exceed $2,000 $300, and
19    who has been previously convicted of felony any type of
20    theft, robbery, armed robbery, burglary, residential
21    burglary, possession of burglary tools, home invasion,
22    unlawful use of a credit card, or forgery is guilty of a
23    Class 3 felony.
24        (3) Any retail theft of property under any of
25    subdivisions (a)(1) through (a)(6) and (a)(8) of this
26    Section, the full retail value of which exceeds $2,000 $300

 

 

HB4797- 22 -LRB101 19413 RLC 68885 b

1    for property other than motor fuel or $150 for motor fuel
2    in a single transaction, or in separate transactions
3    committed by the same person as part of a continuing course
4    of conduct from one or more mercantile establishments over
5    a period of one year, is a Class 3 felony. Theft by
6    emergency exit of property, the full retail value of which
7    exceeds $2,000 $300 in a single transaction, or in separate
8    transactions committed by the same person as part of a
9    continuing course of conduct from one or more mercantile
10    establishments over a period of one year, is a Class 2
11    felony. When a charge of retail theft of property or theft
12    by emergency exit of property, the full value of which
13    exceeds $2,000 $300, is brought, the value of the property
14    involved is an element of the offense to be resolved by the
15    trier of fact as either exceeding or not exceeding $2,000
16    $300.
17(Source: P.A. 97-597, eff. 1-1-12.)
 
18    Section 15. The Code of Criminal Procedure of 1963 is
19amended by adding Section 116-2.2 as follows:
 
20    (725 ILCS 5/116-2.2 new)
21    Sec. 116-2.2. Motion to resentence; statutory penalty
22reduction.
23    (a) A motion may be filed with the trial court that entered
24the judgment of conviction in a defendant's case at any time

 

 

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1following the entry of a guilty verdict or a finding of guilt
2for any offense under the Criminal Code of 1961 or the Criminal
3Code of 2012 or a similar local ordinance by the defendant
4provided:
5        (1) the motion clearly states the penalty for the
6    offense for which the defendant was found guilty or
7    convicted has been amended or changed and became effective
8    after his or her plea of guilty or conviction, which
9    includes but is not limited to:
10            (A) reduces the minimum or maximum sentence for the
11        offense;
12            (B) grants the court more discretion over the range
13        of penalties available for the offense;
14            (C) the underlying conduct relating to the offense
15        was decriminalized; or
16            (D) other instances in which the penalties
17        associated with the offense or conduct underlying the
18        offense were reduced in any way; and
19        (2) at least 30 days' notice of the motion shall be
20    served upon the State's Attorney. If the State's Attorney
21    files a response objecting to the motion, the court shall
22    schedule a hearing on the objections within 30 to 60 days
23    of the filing of the motion.
24    (b) If the petitioner's motion under this Section
25accurately reflects that the conditions described in paragraph
26(1) of subsection (a) are present at the time of the hearing on

 

 

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1the motion by the court and the State's Attorney does not file
2a response objecting to the motion or the court rules against
3the State's Attorney's objections, the court must reduce the
4penalty imposed on the defendant so that it is consistent with
5the penalty the defendant would have received if the law in
6effect at the time of the hearing on the motion by the court
7was in effect at the time the offense was committed. The court
8may take any additional action it deems appropriate under the
9circumstances.
 
10    Section 20. The Unified Code of Corrections is amended by
11changing Sections 3-1-2, 3-4-3, 3-6-1, 3-6-3, 3-6-7, 3-7-2,
123-7-2a, 3-8-4, 3-14-4, and 5-4-1 and by adding Sections
133-2-2.5, 3-2-2.6, 3-2-2.7, 3-2-2.8, and 3-14-1.1 and Article 8B
14of Chapter V as follows:
 
15    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
16    Sec. 3-1-2. Definitions.
17    (a) "Chief Administrative Officer" means the person
18designated by the Director to exercise the powers and duties of
19the Department of Corrections in regard to committed persons
20within a correctional institution or facility, and includes the
21superintendent of any juvenile institution or facility.
22    (a-3) "Aftercare release" means the conditional and
23revocable release of a person committed to the Department of
24Juvenile Justice under the Juvenile Court Act of 1987, under

 

 

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1the supervision of the Department of Juvenile Justice.
2    (a-5) "Sex offense" for the purposes of paragraph (16) of
3subsection (a) of Section 3-3-7, paragraph (10) of subsection
4(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
5Section 5-6-3.1 only means:
6        (i) A violation of any of the following Sections of the
7    Criminal Code of 1961 or the Criminal Code of 2012: 10-7
8    (aiding or abetting child abduction under Section
9    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
10    solicitation of a child), 11-6.5 (indecent solicitation of
11    an adult), 11-14.4 (promoting juvenile prostitution),
12    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
13    (keeping a place of juvenile prostitution), 11-18.1
14    (patronizing a juvenile prostitute), 11-19.1 (juvenile
15    pimping), 11-19.2 (exploitation of a child), 11-20.1
16    (child pornography), 11-20.1B or 11-20.3 (aggravated child
17    pornography), 11-1.40 or 12-14.1 (predatory criminal
18    sexual assault of a child), or 12-33 (ritualized abuse of a
19    child). An attempt to commit any of these offenses.
20        (ii) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012:
22    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
23    12-14 (aggravated criminal sexual assault), 11-1.60 or
24    12-16 (aggravated criminal sexual abuse), and subsection
25    (a) of Section 11-1.50 or subsection (a) of Section 12-15
26    (criminal sexual abuse). An attempt to commit any of these

 

 

HB4797- 26 -LRB101 19413 RLC 68885 b

1    offenses.
2        (iii) A violation of any of the following Sections of
3    the Criminal Code of 1961 or the Criminal Code of 2012 when
4    the defendant is not a parent of the victim:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9            An attempt to commit any of these offenses.
10        (iv) A violation of any former law of this State
11    substantially equivalent to any offense listed in this
12    subsection (a-5).
13    An offense violating federal law or the law of another
14state that is substantially equivalent to any offense listed in
15this subsection (a-5) shall constitute a sex offense for the
16purpose of this subsection (a-5). A finding or adjudication as
17a sexually dangerous person under any federal law or law of
18another state that is substantially equivalent to the Sexually
19Dangerous Persons Act shall constitute an adjudication for a
20sex offense for the purposes of this subsection (a-5).
21    (b) "Commitment" means a judicially determined placement
22in the custody of the Department of Corrections on the basis of
23delinquency or conviction.
24    (c) "Committed person" is a person committed to the
25Department, however a committed person shall not be considered
26to be an employee of the Department of Corrections for any

 

 

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1purpose, including eligibility for a pension, benefits, or any
2other compensation or rights or privileges which may be
3provided to employees of the Department.
4    (c-5) "Computer scrub software" means any third-party
5added software, designed to delete information from the
6computer unit, the hard drive, or other software, which would
7eliminate and prevent discovery of browser activity, including
8but not limited to Internet history, address bar or bars, cache
9or caches, and/or cookies, and which would over-write files in
10a way so as to make previous computer activity, including but
11not limited to website access, more difficult to discover.
12    (c-10) "Content-controlled tablet" means any device that
13can only access visitation applications or content relating to
14educational or personal development.
15    (d) "Correctional institution or facility" means any
16building or part of a building where committed persons are kept
17in a secured manner.
18    (e) "Department" means both the Department of Corrections
19and the Department of Juvenile Justice of this State, unless
20the context is specific to either the Department of Corrections
21or the Department of Juvenile Justice.
22    (f) "Director" means both the Director of Corrections and
23the Director of Juvenile Justice, unless the context is
24specific to either the Director of Corrections or the Director
25of Juvenile Justice.
26    (f-5) (Blank).

 

 

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1    (g) "Discharge" means the final termination of a commitment
2to the Department of Corrections.
3    (h) "Discipline" means the rules and regulations for the
4maintenance of order and the protection of persons and property
5within the institutions and facilities of the Department and
6their enforcement.
7    (h-5) "Dyslexia" means an unexpected difficulty in reading
8for an individual who has the intelligence to be a much better
9reader, most commonly caused by a difficulty in the
10phonological processing (the appreciation of the individual
11sounds of spoken language), which affects the ability of an
12individual to speak, read, and spell.
13    (h-10) "Dyslexia screening program" means a screening
14program for dyslexia that is:
15        (1) evidence-based (as defined in Section 8101(21) of
16    the Elementary and Secondary Education Act of 1965 with
17    proven psychometrics for validity;
18        (2) efficient and low-cost; and
19        (3) readily available.
20    (i) "Escape" means the intentional and unauthorized
21absence of a committed person from the custody of the
22Department.
23    (i-5) "Evidence-based recidivism reduction program" means
24either a group or individual activity that:
25        (1) has been shown by empirical evidence to reduce
26    recidivism or is based on research indicating that it is

 

 

HB4797- 29 -LRB101 19413 RLC 68885 b

1    likely to be effective in reducing recidivism;
2        (2) is designed to help committed persons succeed in
3    their communities upon release from a Department
4    institution or facility; and
5        (3) may include:
6            (A) social learning and communication,
7        interpersonal, anti-bullying, rejection response, and
8        other life skills;
9            (B) family relationship building, structured
10        parent-child interaction, and parenting skills;
11            (C) classes on morals or ethics;
12            (D) academic classes;
13            (E) cognitive behavioral treatment;
14            (F) mentoring;
15            (G) substance abuse treatment;
16            (H) vocational training;
17            (I) faith-based classes or services;
18            (J) civic engagement and re-integrative community
19        services;
20            (K) a correctional institution job, including
21        through an Illinois Correctional Industries program;
22            (L) victim impact classes or other restorative
23        justice programs; and
24            (M) trauma counseling and trauma-informed support
25        programs.
26    (j) "Furlough" means an authorized leave of absence from

 

 

HB4797- 30 -LRB101 19413 RLC 68885 b

1the Department of Corrections for a designated purpose and
2period of time.
3    (j-5) "Mentoring, reentry, and spiritual services" means a
4prerelease custody into which a committed person is placed and
5may not include a condition prohibiting the committed person
6from receiving mentoring, reentry, or spiritual services from a
7person who provided those services to the committed person
8while the committed person was incarcerated, except that the
9chief administrative officer of the correctional institution
10or facility at which the committed person was incarcerated may
11waive the requirement under this paragraph if the chief
12administrative officer finds that the provision of such
13services would pose a significant security risk to the
14committed person, persons who provide such services, or any
15other person. The chief administrative officer shall provide
16written notice of any such waiver to the person providing such
17services and to the committed person.
18    (k) "Parole" means the conditional and revocable release of
19a person committed to the Department of Corrections under the
20supervision of a parole officer.
21    (l) "Prisoner Review Board" means the Board established in
22Section 3-3-1(a), independent of the Department, to review
23rules and regulations with respect to good time credits, to
24hear charges brought by the Department against certain
25prisoners alleged to have violated Department rules with
26respect to good time credits, to set release dates for certain

 

 

HB4797- 31 -LRB101 19413 RLC 68885 b

1prisoners sentenced under the law in effect prior to the
2effective date of this Amendatory Act of 1977, to hear and
3decide the time of aftercare release for persons committed to
4the Department of Juvenile Justice under the Juvenile Court Act
5of 1987 to hear requests and make recommendations to the
6Governor with respect to pardon, reprieve or commutation, to
7set conditions for parole, aftercare release, and mandatory
8supervised release and determine whether violations of those
9conditions justify revocation of parole or release, and to
10assume all other functions previously exercised by the Illinois
11Parole and Pardon Board.
12    (l-5) "Productive activity" means either a group or
13individual activity that is designed to allow committed persons
14determined as having a minimum or low risk of recidivating to
15remain productive and thereby maintain a minimum or low risk of
16recidivating, and may include the delivery of the programs
17described in subsection (i-5) to other committed persons.
18    (l-10) "Risk and needs assessment tool" means an objective
19and statistically validated method through which information
20is collected and evaluated to determine:
21        (1) as part of the intake process, the risk that a
22    committed person will recidivate upon release from the
23    correctional institution or facility;
24        (2) the recidivism reduction programs that will best
25    minimize the risk that the committed person will recidivate
26    upon release from the correctional institution or

 

 

HB4797- 32 -LRB101 19413 RLC 68885 b

1    facility; and
2        (3) the periodic reassessment of risk that a committed
3    person will recidivate upon release from the correctional
4    institution or facility, based on factors including
5    indicators of progress and of regression, that are dynamic
6    and that can reasonably be expected to change while in the
7    correctional institution or facility.
8    (l-15) "System" means the risks and needs assessment system
9established by this amendatory Act of the 101st General
10Assembly.
11    (m) Whenever medical treatment, service, counseling, or
12care is referred to in this Unified Code of Corrections, such
13term may be construed by the Department or Court, within its
14discretion, to include treatment, service or counseling by a
15Christian Science practitioner or nursing care appropriate
16therewith whenever request therefor is made by a person subject
17to the provisions of this Act.
18    (n) "Victim" shall have the meaning ascribed to it in
19subsection (a) of Section 3 of the Bill of Rights for Victims
20and Witnesses of Violent Crime Act.
21    (o) "Wrongfully imprisoned person" means a person who has
22been discharged from a prison of this State and has received:
23        (1) a pardon from the Governor stating that such pardon
24    is issued on the ground of innocence of the crime for which
25    he or she was imprisoned; or
26        (2) a certificate of innocence from the Circuit Court

 

 

HB4797- 33 -LRB101 19413 RLC 68885 b

1    as provided in Section 2-702 of the Code of Civil
2    Procedure.
3(Source: P.A. 100-198, eff. 1-1-18.)
 
4    (730 ILCS 5/3-2-2.5 new)
5    Sec. 3-2-2.5. Duties of the Director of Corrections;
6reduction of recidivism.
7    (a) The Director of Corrections shall carry out this
8Section in consultation with:
9        (1) the Director of Juvenile Justice;
10        (2) the Director of the Administrative Office of the
11    Illinois Courts;
12        (3) the Executive Director of the Illinois Sentencing
13    Policy Advisory Council;
14        (4) the Executive Director of the Illinois Criminal
15    Justice Information Authority; and
16        (5) the Independent Review Committee authorized by
17    Section 3-2-2.7.
18    (b) The Director of Corrections shall:
19        (1) conduct a review of the existing committed person
20    risk and needs assessment systems in operation on the
21    effective date of this amendatory Act of the 101st General
22    Assembly;
23        (2) develop recommendations regarding evidence-based
24    recidivism reduction programs and productive activities in
25    accordance with Section 3-2-2.6;

 

 

HB4797- 34 -LRB101 19413 RLC 68885 b

1        (3) conduct ongoing research and data analysis on:
2            (A) evidence-based recidivism reduction programs
3        relating to the use of committed person risk and needs
4        assessment tools;
5            (B) the most effective and efficient uses of those
6        programs;
7            (C) which evidence-based recidivism reduction
8        programs are the most effective at reducing
9        recidivism, and the type, amount, and intensity of
10        programming that most effectively reduces the risk of
11        recidivism; and
12            (D) products purchased by State agencies that are
13        manufactured in other states or foreign countries and
14        could be manufactured by committed persons
15        participating in a correctional institution or
16        facility work program without reducing job
17        opportunities for other workers in this State;
18        (4) on an annual basis, review and validate the risk
19    and needs assessment system, which review shall include:
20            (A) any subsequent changes to the risk and needs
21        assessment system made after the effective date of this
22        amendatory Act of the 101st General Assembly General
23        Assembly;
24            (B) the recommendations developed under paragraph
25        (2), using the research conducted under paragraph (3);
26            (C) an evaluation to ensure that the risk and needs

 

 

HB4797- 35 -LRB101 19413 RLC 68885 b

1        assessment system bases the assessment of each
2        committed person's risk of recidivism on indicators of
3        progress, and of regression that are dynamic and that
4        can reasonably be expected to change while in the
5        correctional institution or facility;
6            (D) statistical validation of any tools that the
7        risk and needs assessment system uses; and
8            (E) an evaluation of the rates of recidivism among
9        similarly classified committed persons to identify any
10        unwarranted disparities, including disparities among
11        similarly classified committed persons of different
12        demographic groups, in such rates;
13        (5) make any revisions or updates to the risk and needs
14    assessment system that the Director of Corrections
15    determines appropriate under the review under paragraph
16    (4), including updates to ensure that any disparities
17    identified in paragraph (4)(E) are reduced to the greatest
18    extent possible; and
19        (6) report to the General Assembly in accordance with
20    Section 3-2-2.8.
 
21
22    (730 ILCS 5/3-2-2.6 new)
23    Sec. 3-2-2.6. Development of risk and needs assessment
24system.
25    (a) Not later than 2 years after the effective date of this

 

 

HB4797- 36 -LRB101 19413 RLC 68885 b

1amendatory Act of the 101st General Assembly, the Director of
2Corrections, in consultation with the Independent Review
3Committee created in Section 3-2-2.7, shall develop and release
4publicly on the Department of Corrections website a risk and
5needs assessment system, which shall be used to:
6        (1) determine the recidivism risk of each committed
7    person as part of the intake process, and classify each
8    committed person as having minimum, low, medium, or high
9    risk for recidivism;
10        (2) assess and determine, to the extent practicable,
11    the risk of violent or serious misconduct of each committed
12    person;
13        (3) determine the type and amount of evidence-based
14    recidivism reduction programming that is appropriate for
15    each committed person and assign each committed person to
16    such programming accordingly, based on the committed
17    person's specific criminogenic needs, and in accordance
18    with subsection (b);
19        (4) reassess the recidivism risk of each committed
20    person periodically, based on factors including indicators
21    of progress, and of regression, that are dynamic and that
22    can reasonably be expected to change while in the
23    correctional institution or facility;
24        (5) reassign the committed person to appropriate
25    evidence-based recidivism reduction programs or productive
26    activities based on the revised determination to ensure

 

 

HB4797- 37 -LRB101 19413 RLC 68885 b

1    that:
2            (A) all committed persons at each risk level have a
3        meaningful opportunity to reduce their classification
4        during the period of incarceration;
5            (B) to address the specific criminogenic needs of
6        the committed person; and
7            (C) all committed persons are able to successfully
8        participate in those programs;
9        (6) determine when to provide incentives and rewards
10    for successful participation in evidence-based recidivism
11    reduction programs or productive activities in accordance
12    with subsection (e);
13        (7) determine when a committed person is ready to
14    transfer into prerelease custody or supervised release
15    under Section; and
16        (8) determine the appropriate use of audio technology
17    for program course materials with an understanding of
18    dyslexia. In carrying out this paragraph, the Director of
19    Corrections may use existing risk and needs assessment
20    tools, as appropriate.
21    (b) The system shall provide guidance on the type, amount, and
22    intensity of evidence-based recidivism reduction
23    programming and productive activities that shall be
24    assigned for each committed person, including:
25        (1) programs in which the Department of Corrections
26    shall assign the committed person to participate,

 

 

HB4797- 38 -LRB101 19413 RLC 68885 b

1    according to the committed person's specific criminogenic
2    needs; and
3        (2) information on the best ways that the Department of
4    Corrections can tailor the programs to the specific
5    criminogenic needs of each committed person so as to most
6    effectively lower each committed person's risk of
7    recidivism.
8    (c) The system shall provide guidance on program grouping
9and housing assignment determinations and, after accounting
10for the safety of each committed person and other individuals
11at the correctional institution or facility, provide that
12committed persons with a similar risk level be grouped together
13in housing and assignment decisions to the extent practicable.
14    (d) The system shall provide incentives and rewards for
15committed persons to participate in and complete
16evidence-based recidivism reduction programs as follows:
17        (1) A committed person who is successfully
18    participating in an evidence-based recidivism reduction
19    program shall receive:
20            (A) phone privileges, or, if available, video
21        conferencing privileges, for up to 30 minutes per day,
22        and up to 510 minutes per month; and
23            (B) additional time for visitation at the
24        correctional institution or facility, as determined by
25        the chief administrative officer of the correctional
26        institution or facility.

 

 

HB4797- 39 -LRB101 19413 RLC 68885 b

1        (2) A committed person who is successfully
2    participating in an evidence-based recidivism reduction
3    program shall be considered by the Department of
4    Corrections for placement in a correctional institution or
5    facility closer to the committed person's release
6    residence upon request from the committed person and
7    subject to:
8            (A) bed availability at the transfer correctional
9        institution or facility;
10            (B) the committed person's security designation;
11        and
12            (C) the recommendation from the chief
13        administrative officer of the correctional institution
14        or facility at which the committed person is
15        incarcerated at the time of making the request.
16        (3) The Director of Corrections shall develop
17    additional policies to provide appropriate incentives for
18    successful participation and completion of evidence-based
19    recidivism reduction programming. The incentives shall
20    include not less than 2 of the following:
21            (A) Increased commissary spending limits and
22        product offerings.
23            (B) Extended opportunities to access the email
24        system.
25            (C) Consideration of transfer to preferred housing
26        units (including transfer to different prison

 

 

HB4797- 40 -LRB101 19413 RLC 68885 b

1        facilities).
2            (D) Other incentives solicited from committed
3        persons and determined appropriate by the Director.
4        (4) A committed person who successfully participates
5    in evidence-based recidivism reduction programming or
6    productive activities shall receive periodic risk
7    reassessments not less often than annually, and a committed
8    person determined to be at a medium or high risk of
9    recidivating and who has less than 5 years until his or her
10    projected release date shall receive more frequent risk
11    reassessments. If the reassessment shows that the
12    committed person's risk of recidivating or specific needs
13    have changed, the Department of Corrections shall update
14    the determination of the committed person's risk of
15    recidivating or information regarding the committed
16    person's specific needs and reassign the committed person
17    to appropriate evidence-based recidivism reduction
18    programming or productive activities based on such
19    changes.
20        (5) The incentives described in this subsection (d)
21    shall be in addition to any other rewards or incentives for
22    which a committed person may be eligible.
23    (e) The Director of Corrections shall develop guidelines
24for the reduction of rewards and incentives earned under
25subsection (d) for committed persons who violate correctional
26institution or facility rules or evidence-based recidivism

 

 

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1reduction program or productive activity rules, which shall
2provide:
3        (1) general levels of violations and resulting
4    reductions;
5        (2) that any reduction that includes the loss of
6    sentence credits shall require written notice to the
7    committed person, shall be limited to sentence credits that
8    a committed person earned as of the date of the committed
9    person's rule violation, and shall not include any future
10    sentence credits that the committed person may earn; and
11        (3) for a procedure to restore sentence credits that a
12    committed person lost as a result of a rule violation,
13    based on the committed person's individual progress after
14    the date of the rule violation.
15    (f) The Director of Corrections shall develop and implement
16training programs for Department of Corrections officers and
17employees responsible for administering the system, which
18shall include:
19        (1) initial training to educate officers and employees
20    on how to use the system in an appropriate and consistent
21    manner, as well as the reasons for using the system;
22        (2) continuing education;
23        (3) periodic training updates; and
24        (4) a requirement that such officers and employees
25    demonstrate competence in administering the system,
26    including interrater reliability, on a biannual basis.

 

 

HB4797- 42 -LRB101 19413 RLC 68885 b

1    (g) In order to ensure that the Department of Corrections
2is using the system in an appropriate and consistent manner,
3the Director of Corrections shall monitor and assess the use of
4the system, which shall include conducting annual audits of the
5Department of Corrections regarding the use of the system.
6    (h) The Director of Corrections shall incorporate a
7dyslexia screening program into the system, including by
8screening for dyslexia during:
9        (1) the intake process; and
10        (2) each periodic risk reassessment of a committed
11    person.
12    The Director of Corrections shall incorporate programs
13designed to treat dyslexia into the evidence-based recidivism
14reduction programs or productive activities required to be
15implemented under this Section. he Director of Corrections may
16also incorporate programs designed to treat other learning
17disabilities.
18    (i) Beginning on the date that is 2 years after the
19effective date of this amendatory Act of the 101st General
20Assembly and annually thereafter for a period of 5 years, the
21Director of Corrections shall submit a report to the General
22Assembly that contains the following:
23        (1) A summary of the activities and accomplishments of
24    the Director of Corrections in carrying out this amendatory
25    Act of the 101st General Assembly.
26        (2) A summary and assessment of the types and

 

 

HB4797- 43 -LRB101 19413 RLC 68885 b

1    effectiveness of the evidence-based recidivism reduction
2    programs and productive activities in institutions and
3    facilities operated by the Department of Corrections,
4    including:
5            (A) evidence about which programs have been shown
6        to reduce recidivism;
7            (B) the capacity of each program and activity at
8        each correctional institution or facility, including
9        the number of committed persons along with the
10        recidivism risk of each committed person enrolled in
11        each program; and
12            (C) identification of any gaps or shortages in
13        capacity of those programs and activities.
14        (3) Rates of recidivism among individuals who have been
15    released from a correctional institution or facility,
16    based on the following criteria:
17            (A) the primary offense of conviction;
18            (B) the length of the sentence imposed and served;
19            (C) the Department of Corrections correctional
20        institution or facility in which the committed
21        person's sentence was served;
22            (D) the evidence-based recidivism reduction
23        programming that the committed person successfully
24        completed, if any;
25            (E) the committed person's assessed and reassessed
26        risk of recidivism; and

 

 

HB4797- 44 -LRB101 19413 RLC 68885 b

1            (F) the productive activities that the committed
2        person successfully completed, if any.
3        (4) The status of correctional industries programs at
4    facilities operated by the Department of Corrections,
5    including:
6            (A) a strategy to expand the availability of those
7        programs without reducing job opportunities for
8        workers in this State who are not in the custody of the
9        Department of Corrections, including the feasibility
10        of committed persons manufacturing products purchased
11        by State agencies that are manufactured in other
12        states;
13            (B) an assessment of the feasibility of expanding
14        such programs, consistent with the strategy required
15        under subparagraph (A), with the goal that 5 years
16        after the effective date of this amendatory Act of the
17        101st General Assembly, not less than 75% of eligible
18        minimum-risk and low-risk offenders have the
19        opportunity to participate in a correctional
20        industries program for not less than 20 hours per week;
21        and
22            (C) a detailed discussion of legal authorities
23        that would be useful or necessary to achieve the goals
24        described in subparagraphs (A) and (B).
25        (5) An assessment of the Department of Corrections'
26    compliance with this Section.

 

 

HB4797- 45 -LRB101 19413 RLC 68885 b

1        (6) An assessment of progress made toward carrying out
2    the purposes of this amendatory Act of the 101st General
3    Assembly, including any savings associated with:
4            (A) the transfer of committed persons into
5        prerelease custody or supervised release under Article
6        8B of Chapter V, including savings resulting from the
7        avoidance or deferral of future construction,
8        acquisition, and operations costs; and
9            (B) any decrease in recidivism that may be
10        attributed to the system or the increase in
11        evidence-based recidivism reduction programs required
12        under this Section.
13        (7) An assessment of budgetary savings resulting from
14    this Section, including:
15            (A) a summary of the amount of savings resulting
16        from the transfer of committed persons into prerelease
17        custody under Article 8B of Chapter V, including
18        savings resulting from the avoidance or deferral of
19        future construction, acquisition, or operations costs;
20            (B) a summary of the amount of savings resulting
21        from any decrease in recidivism that may be attributed
22        to the implementation of the risk and needs assessment
23        system or the increase in recidivism reduction
24        programs and productive activities required by Article
25        8B of Chapter V;
26            (C) a strategy to reinvest the savings described in

 

 

HB4797- 46 -LRB101 19413 RLC 68885 b

1        subparagraphs (A) and (B) in other:
2                (i) State and local law enforcement
3            activities; and
4                (ii) expansions of recidivism reduction
5            programs and productive activities in the
6            Department of Corrections; and
7            (D) a description of how the reduced expenditures
8            on State corrections and the budgetary savings
9            resulting from the implementation of Article 8B of
10            Chapter V are currently being used and will be used
11            to:
12                (i) increase investment in law enforcement and
13            crime prevention to combat gangs of national
14            significance and high-level drug traffickers
15            through drug task forces;
16                (ii) hire, train, and equip law enforcement
17            officers and prosecutors; and
18                (iii) promote crime reduction programs using
19            evidence-based practices and strategic planning to
20            help reduce crime and criminal recidivism.
21        (8) Statistics on:
22            (A) the prevalence of dyslexia among committed
23        persons in correctional institutions and facilities
24        operated by the Department of Corrections; and
25            (B) any change in the effectiveness of dyslexia
26        mitigation programs among such committed persons that

 

 

HB4797- 47 -LRB101 19413 RLC 68885 b

1        may be attributed to the incorporation of dyslexia
2        screening into the system and of dyslexia treatment
3        into the evidence-based recidivism reduction programs,
4        as required under this Section.
5    (j) In order to expand evidence-based recidivism reduction
6programs and productive activities, the Director of
7Corrections shall develop policies for the chief
8administrative officer of each correctional institution or
9facility of the Department of Corrections to enter into
10partnerships, subject to the availability of appropriations,
11with any of the following:
12        (1) Nonprofit and other private organizations,
13    including faith-based, art, and community-based
14    organizations that will deliver recidivism reduction
15    programming on a paid or volunteer basis.
16        (2) Public institutions of higher education as defined
17    in Section 1 of the Board of Higher Education Act that will
18    deliver instruction on a paid or volunteer basis.
19        (3) Private entities that:
20            (A) deliver vocational training and
21        certifications;
22            (B) provide equipment to facilitate vocational
23        training or employment opportunities for committed
24        persons;
25            (C) employ committed persons; or
26            (D) assist committed persons in prerelease custody

 

 

HB4797- 48 -LRB101 19413 RLC 68885 b

1        or supervised release in finding employment.
2    (k) The Director of Corrections shall provide each
3committed persons with the opportunity to actively participate
4in evidence-based recidivism reduction programs or productive
5activities, according to his or her specific criminogenic
6needs, throughout his or her entire term of incarceration.
7Priority for participation in recidivism reduction programs
8shall be given to medium-risk and high-risk committed persons,
9with access to productive activities given to minimum-risk and
10low-risk committed persons.
11    (l) The Director of Corrections shall ensure there is
12sufficient prerelease custody capacity to accommodate all
13eligible committed persons.
 
14    (730 ILCS 5/3-2-2.7 new)
15    Sec. 3-2-2.7. Independent Review Committee.
16    (a) The Director of Corrections shall consult with an
17Independent Review Committee in carrying out the Director of
18Corrections's duties under Sections 3-2-2.5 through 3-2-2.8.
19The Illinois Sentencing Policy Advisory Council shall select a
20nonpartisan and nonprofit organization with expertise in the
21study and development of risk and needs assessment tools to
22host the Independent Review Committee.
23    (b) The Independent Review Committee shall be established
24not later than 30 days after the effective date of this
25amendatory Act of the 101st General Assembly.

 

 

HB4797- 49 -LRB101 19413 RLC 68885 b

1    (c) The organization selected by the Illinois Sentencing
2Policy Advisory Council shall appoint not fewer than 6 members
3to the Independent Review Committee.
4    (d) The members of the Independent Review Committee shall
5all have expertise in risk and needs assessment systems and
6shall include:
7        (1) 2 individuals who have published peer-reviewed
8    scholarship about risk and needs assessments in both
9    corrections and community settings;
10        (2) 2 corrections practitioners who have developed and
11    implemented a risk assessment tool in a corrections system
12    or in a community supervision setting, including one with
13    prior experience working within the Department of
14    Corrections; and
15        (3) one individual with expertise in assessing risk
16    assessment implementation.
17    (e) The Independent Review Committee shall assist the
18Director of Corrections in carrying out the Director of
19Corrections's duties under Sections 3-2-2.5 through 3-2-2.8,
20including by assisting in:
21        (1) conducting a review of the existing committed
22    person risk and needs assessment systems in operation on
23    the effective date of this amendatory Act of the 101st
24    General Assembly;
25        (2) developing recommendations regarding
26    evidence-based recidivism reduction programs and

 

 

HB4797- 50 -LRB101 19413 RLC 68885 b

1    productive activities;
2        (3) conducting research and data analysis on:
3            (A) evidence-based recidivism reduction programs
4        relating to the use of committed person risk and needs
5        assessment tools;
6            (B) the most effective and efficient uses of such
7        programs; and
8            (C) which evidence-based recidivism reduction
9        programs are the most effective at reducing
10        recidivism, and the type, amount, and intensity of
11        programming that most effectively reduces the risk of
12        recidivism; and
13        (4) reviewing and validating the risk and needs
14    assessment system.
15    Each member of the Independent Review Committee shall serve
16for a period of 3 years or until the risk and needs assessment
17tools are implemented by the Department of Corrections,
18whichever occurs first.
19    (f) The Director of Corrections shall assist the
20Independent Review Committee in performing the Committee's
21duties and promptly respond to requests from the Committee for
22access to Department of Corrections facilities, personnel, and
23information.
24    (g) The risk and needs assessment tools shall be developed
25and implemented within 2 years after the effective date of this
26amendatory Act of the 101st General Assembly. One year after

 

 

HB4797- 51 -LRB101 19413 RLC 68885 b

1the implementation of the needs and risk assessment tools for
2the Department of Corrections, the Independent Review
3Committee shall be dissolved.
 
4    (730 ILCS 5/3-2-2.8 new)
5    Sec. 3-2-2.8. Evidence-based recidivism reduction program
6and recommendations.
7    (a) Prior to releasing the system, in consultation with the
8Independent Review Committee, the Director of Corrections
9shall:
10        (1) review the effectiveness of evidence-based
11    recidivism reduction programs that exist as of the
12    effective date of this amendatory Act of the 101st General
13    Assembly in correctional institutions or facilities
14    operated by the Department of Corrections;
15        (2) review available information regarding the
16    effectiveness of evidence-based recidivism reduction
17    programs and productive activities that exist in
18    State-operated correctional institutions or facilities
19    throughout this State;
20        (3) identify the most effective evidence-based
21    recidivism reduction programs;
22        (4) review the policies for entering into
23    evidence-based recidivism reduction partnerships; and
24        (5) direct the Department of Corrections regarding:
25            (A) evidence-based recidivism reduction programs;

 

 

HB4797- 52 -LRB101 19413 RLC 68885 b

1            (B) the ability for faith-based organizations to
2        function as a provider of educational evidence-based
3        programs outside of the religious classes and services
4        provided through the Chaplaincy; and
5            (C) the addition of any new effective
6        evidence-based recidivism reduction programs that the
7        Director of Corrections finds.
8    (b) In carrying out subsection (a), the Director of
9Corrections shall consider the prevalence and mitigation of
10dyslexia in correctional institutions and facilities of the
11Department, including by:
12        (1) reviewing statistics on the prevalence of
13    dyslexia, and the effectiveness of any programs
14    implemented to mitigate the effects of dyslexia, in
15    correctional institutions and facilities operated by the
16    Department of Corrections; and
17        (2) incorporating the findings of the Director of
18    Corrections under paragraph (1) of this subsection (b) into
19    any directives given to the Department of Corrections under
20    paragraph (5) of subsection (a).
 
21    (730 ILCS 5/3-4-3)  (from Ch. 38, par. 1003-4-3)
22    Sec. 3-4-3. Funds and Property of Persons Committed.
23    (a) The Department of Corrections and the Department of
24Juvenile Justice shall establish accounting records with
25accounts for each person who has or receives money while in an

 

 

HB4797- 53 -LRB101 19413 RLC 68885 b

1institution or facility of that Department and it shall allow
2the withdrawal and disbursement of money by the person under
3rules and regulations of that Department. Any interest or other
4income from moneys deposited with the Department by a resident
5of the Department of Juvenile Justice in excess of $200 shall
6accrue to the individual's account, or in balances up to $200
7shall accrue to the Residents' Benefit Fund. For an individual
8in an institution or facility of the Department of Corrections
9the interest shall accrue to the Residents' Benefit Fund. The
10Department shall disburse all moneys so held no later than the
11person's final discharge from the Department. Moneys in the
12account of a committed person who files a lawsuit determined
13frivolous under Article XXII of the Code of Civil Procedure
14shall be deducted to pay for the filing fees and cost of the
15suit as provided in that Article. The Department shall under
16rules and regulations record and receipt all personal property
17not allowed to committed persons. The Department shall return
18such property to the individual no later than the person's
19release on parole or aftercare.
20    (b) Any money held in accounts of committed persons
21separated from the Department by death, discharge, or
22unauthorized absence and unclaimed for a period of 1 year
23thereafter by the person or his legal representative shall be
24transmitted to the State Treasurer who shall deposit it into
25the General Revenue Fund. Articles of personal property of
26persons so separated may be sold or used by the Department if

 

 

HB4797- 54 -LRB101 19413 RLC 68885 b

1unclaimed for a period of 1 year for the same purpose.
2Clothing, if unclaimed within 30 days, may be used or disposed
3of as determined by the Department.
4    (b-5) The Department of Corrections shall establish a
5savings account for each committed person participating in the
6correctional industries program under Article 12 of this
7Chapter. The savings account shall be equal to 15% of the
8compensation received by the committed person from
9participating in the program.
10    (c) Forty percent of the profits on sales from commissary
11stores shall be expended by the Department for the special
12benefit of committed persons which shall include but not be
13limited to the advancement of inmate payrolls, for the special
14benefit of employees, and for the advancement or reimbursement
15of employee travel, provided that amounts expended for
16employees shall not exceed the amount of profits derived from
17sales made to employees by such commissaries, as determined by
18the Department. The remainder of the profits from sales from
19commissary stores must be used first to pay for wages and
20benefits of employees covered under a collective bargaining
21agreement who are employed at commissary facilities of the
22Department and then to pay the costs of dietary staff.
23    (d) The Department shall confiscate any unauthorized
24currency found in the possession of a committed person. The
25Department shall transmit the confiscated currency to the State
26Treasurer who shall deposit it into the General Revenue Fund.

 

 

HB4797- 55 -LRB101 19413 RLC 68885 b

1(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)
 
2    (730 ILCS 5/3-6-1)  (from Ch. 38, par. 1003-6-1)
3    Sec. 3-6-1. Institutions; facilities; and programs.
4    (a) The Department shall designate those institutions and
5facilities which shall be maintained for persons assigned as
6adults.
7    (b) The types, number and population of institutions and
8facilities shall be determined by the needs of committed
9persons for treatment and the public for protection. A
10committed person shall be assigned to an institution or
11facility of the Department that is located within 200 miles of
12his or her residence immediately before the committed person's
13admission to the Department. All institutions and programs
14shall conform to the minimum standards under this Chapter.
15(Source: P.A. 101-219, eff. 1-1-20.)
 
16    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
17    Sec. 3-6-3. Rules and regulations for sentence credit.
18    (a)(1) The Department of Corrections shall prescribe rules
19and regulations for awarding and revoking sentence credit for
20persons committed to the Department which shall be subject to
21review by the Prisoner Review Board.
22    (1.5) As otherwise provided by law, sentence credit may be
23awarded for the following:
24        (A) successful completion of programming while in

 

 

HB4797- 56 -LRB101 19413 RLC 68885 b

1    custody of the Department or while in custody prior to
2    sentencing;
3        (B) compliance with the rules and regulations of the
4    Department; or
5        (C) service to the institution, service to a community,
6    or service to the State.
7    (2) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations on sentence credit
9shall provide, with respect to offenses listed in clause (i),
10(ii), or (iii) of this paragraph (2) committed on or after June
1119, 1998 or with respect to the offense listed in clause (iv)
12of this paragraph (2) committed on or after June 23, 2005 (the
13effective date of Public Act 94-71) or with respect to offense
14listed in clause (vi) committed on or after June 1, 2008 (the
15effective date of Public Act 95-625) or with respect to the
16offense of being an armed habitual criminal committed on or
17after August 2, 2005 (the effective date of Public Act 94-398)
18or with respect to the offenses listed in clause (v) of this
19paragraph (2) committed on or after August 13, 2007 (the
20effective date of Public Act 95-134) or with respect to the
21offense of aggravated domestic battery committed on or after
22July 23, 2010 (the effective date of Public Act 96-1224) or
23with respect to the offense of attempt to commit terrorism
24committed on or after January 1, 2013 (the effective date of
25Public Act 97-990), the following:
26        (i) that a prisoner who is serving a term of

 

 

HB4797- 57 -LRB101 19413 RLC 68885 b

1    imprisonment for first degree murder or for the offense of
2    terrorism shall receive no sentence credit and shall serve
3    the entire sentence imposed by the court;
4        (ii) that a prisoner serving a sentence for attempt to
5    commit terrorism, attempt to commit first degree murder,
6    solicitation of murder, solicitation of murder for hire,
7    intentional homicide of an unborn child, predatory
8    criminal sexual assault of a child, aggravated criminal
9    sexual assault, criminal sexual assault, aggravated
10    kidnapping, aggravated battery with a firearm as described
11    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
12    (e)(4) of Section 12-3.05, heinous battery as described in
13    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
14    being an armed habitual criminal, aggravated battery of a
15    senior citizen as described in Section 12-4.6 or
16    subdivision (a)(4) of Section 12-3.05, or aggravated
17    battery of a child as described in Section 12-4.3 or
18    subdivision (b)(1) of Section 12-3.05 shall receive no more
19    than 4.5 days of sentence credit for each month of his or
20    her sentence of imprisonment;
21        (iii) that a prisoner serving a sentence for home
22    invasion, armed robbery, aggravated vehicular hijacking,
23    aggravated discharge of a firearm, or armed violence with a
24    category I weapon or category II weapon, when the court has
25    made and entered a finding, pursuant to subsection (c-1) of
26    Section 5-4-1 of this Code, that the conduct leading to

 

 

HB4797- 58 -LRB101 19413 RLC 68885 b

1    conviction for the enumerated offense resulted in great
2    bodily harm to a victim, shall receive no more than 4.5
3    days of sentence credit for each month of his or her
4    sentence of imprisonment;
5        (iv) that a prisoner serving a sentence for aggravated
6    discharge of a firearm, whether or not the conduct leading
7    to conviction for the offense resulted in great bodily harm
8    to the victim, shall receive no more than 4.5 days of
9    sentence credit for each month of his or her sentence of
10    imprisonment;
11        (v) that a person serving a sentence for gunrunning,
12    narcotics racketeering, controlled substance trafficking,
13    methamphetamine trafficking, drug-induced homicide,
14    aggravated methamphetamine-related child endangerment,
15    money laundering pursuant to clause (c) (4) or (5) of
16    Section 29B-1 of the Criminal Code of 1961 or the Criminal
17    Code of 2012, or a Class X felony conviction for delivery
18    of a controlled substance, possession of a controlled
19    substance with intent to manufacture or deliver,
20    calculated criminal drug conspiracy, criminal drug
21    conspiracy, street gang criminal drug conspiracy,
22    participation in methamphetamine manufacturing, aggravated
23    participation in methamphetamine manufacturing, delivery
24    of methamphetamine, possession with intent to deliver
25    methamphetamine, aggravated delivery of methamphetamine,
26    aggravated possession with intent to deliver

 

 

HB4797- 59 -LRB101 19413 RLC 68885 b

1    methamphetamine, methamphetamine conspiracy when the
2    substance containing the controlled substance or
3    methamphetamine is 100 grams or more shall receive no more
4    than 7.5 days sentence credit for each month of his or her
5    sentence of imprisonment;
6        (vi) that a prisoner serving a sentence for a second or
7    subsequent offense of luring a minor shall receive no more
8    than 4.5 days of sentence credit for each month of his or
9    her sentence of imprisonment; and
10        (vii) that a prisoner serving a sentence for aggravated
11    domestic battery shall receive no more than 4.5 days of
12    sentence credit for each month of his or her sentence of
13    imprisonment.
14    (2.1) For all offenses, other than those enumerated in
15subdivision (a)(2)(i), (ii), or (iii) committed on or after
16June 19, 1998 or subdivision (a)(2)(iv) committed on or after
17June 23, 2005 (the effective date of Public Act 94-71) or
18subdivision (a)(2)(v) committed on or after August 13, 2007
19(the effective date of Public Act 95-134) or subdivision
20(a)(2)(vi) committed on or after June 1, 2008 (the effective
21date of Public Act 95-625) or subdivision (a)(2)(vii) committed
22on or after July 23, 2010 (the effective date of Public Act
2396-1224), and other than the offense of aggravated driving
24under the influence of alcohol, other drug or drugs, or
25intoxicating compound or compounds, or any combination thereof
26as defined in subparagraph (F) of paragraph (1) of subsection

 

 

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1(d) of Section 11-501 of the Illinois Vehicle Code, and other
2than the offense of aggravated driving under the influence of
3alcohol, other drug or drugs, or intoxicating compound or
4compounds, or any combination thereof as defined in
5subparagraph (C) of paragraph (1) of subsection (d) of Section
611-501 of the Illinois Vehicle Code committed on or after
7January 1, 2011 (the effective date of Public Act 96-1230), the
8rules and regulations shall provide that a prisoner who is
9serving a term of imprisonment shall receive one day of
10sentence credit for each day of his or her sentence of
11imprisonment or recommitment under Section 3-3-9. Each day of
12sentence credit shall reduce by one day the prisoner's period
13of imprisonment or recommitment under Section 3-3-9.
14    (2.2) A prisoner serving a term of natural life
15imprisonment or a prisoner who has been sentenced to death
16shall receive no sentence credit.
17    (2.3) Except as provided in paragraph (4.7) of this
18subsection (a), the rules and regulations on sentence credit
19shall provide that a prisoner who is serving a sentence for
20aggravated driving under the influence of alcohol, other drug
21or drugs, or intoxicating compound or compounds, or any
22combination thereof as defined in subparagraph (F) of paragraph
23(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
24Code, shall receive no more than 4.5 days of sentence credit
25for each month of his or her sentence of imprisonment.
26    (2.4) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations on sentence credit
2shall provide with respect to the offenses of aggravated
3battery with a machine gun or a firearm equipped with any
4device or attachment designed or used for silencing the report
5of a firearm or aggravated discharge of a machine gun or a
6firearm equipped with any device or attachment designed or used
7for silencing the report of a firearm, committed on or after
8July 15, 1999 (the effective date of Public Act 91-121), that a
9prisoner serving a sentence for any of these offenses shall
10receive no more than 4.5 days of sentence credit for each month
11of his or her sentence of imprisonment.
12    (2.5) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations on sentence credit
14shall provide that a prisoner who is serving a sentence for
15aggravated arson committed on or after July 27, 2001 (the
16effective date of Public Act 92-176) shall receive no more than
174.5 days of sentence credit for each month of his or her
18sentence of imprisonment.
19    (2.6) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations on sentence credit
21shall provide that a prisoner who is serving a sentence for
22aggravated driving under the influence of alcohol, other drug
23or drugs, or intoxicating compound or compounds or any
24combination thereof as defined in subparagraph (C) of paragraph
25(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
26Code committed on or after January 1, 2011 (the effective date

 

 

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1of Public Act 96-1230) shall receive no more than 4.5 days of
2sentence credit for each month of his or her sentence of
3imprisonment.
4    (3) In addition to the sentence credits earned under
5paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
6the rules and regulations shall also provide that the Director
7may award up to 180 days of earned sentence credit for good
8conduct in specific instances as the Director deems proper. The
9good conduct may include, but is not limited to, compliance
10with the rules and regulations of the Department, service to
11the Department, service to a community, or service to the
12State.
13    Eligible inmates for an award of earned sentence credit
14under this paragraph (3) may be selected to receive the credit
15at the Director's or his or her designee's sole discretion.
16Eligibility for the additional earned sentence credit under
17this paragraph (3) shall be based on, but is not limited to,
18the results of any available risk/needs assessment or other
19relevant assessments or evaluations administered by the
20Department using a validated instrument, the circumstances of
21the crime, any history of conviction for a forcible felony
22enumerated in Section 2-8 of the Criminal Code of 2012, the
23inmate's behavior and disciplinary history while incarcerated,
24and the inmate's commitment to rehabilitation, including
25participation in programming offered by the Department.
26    The Director shall not award sentence credit under this

 

 

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1paragraph (3) to an inmate unless the inmate has served a
2minimum of 60 days of the sentence; except nothing in this
3paragraph shall be construed to permit the Director to extend
4an inmate's sentence beyond that which was imposed by the
5court. Prior to awarding credit under this paragraph (3), the
6Director shall make a written determination that the inmate:
7        (A) is eligible for the earned sentence credit;
8        (B) has served a minimum of 60 days, or as close to 60
9    days as the sentence will allow;
10        (B-1) has received a risk/needs assessment or other
11    relevant evaluation or assessment administered by the
12    Department using a validated instrument; and
13        (C) has met the eligibility criteria established by
14    rule for earned sentence credit.
15    The Director shall determine the form and content of the
16written determination required in this subsection.
17    (3.5) The Department shall provide annual written reports
18to the Governor and the General Assembly on the award of earned
19sentence credit no later than February 1 of each year. The
20Department must publish both reports on its website within 48
21hours of transmitting the reports to the Governor and the
22General Assembly. The reports must include:
23        (A) the number of inmates awarded earned sentence
24    credit;
25        (B) the average amount of earned sentence credit
26    awarded;

 

 

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1        (C) the holding offenses of inmates awarded earned
2    sentence credit; and
3        (D) the number of earned sentence credit revocations.
4    (4)(A) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations shall also provide
6that the sentence credit accumulated and retained under
7paragraph (2.1) of subsection (a) of this Section by any inmate
8during specific periods of time in which such inmate is engaged
9full-time in substance abuse programs, correctional industry
10assignments, educational programs, behavior modification
11programs, life skills courses, or re-entry planning provided by
12the Department under this paragraph (4) and satisfactorily
13completes the assigned program as determined by the standards
14of the Department, shall be multiplied by a factor of 1.25 for
15program participation before August 11, 1993 and 1.50 for
16program participation on or after that date. The rules and
17regulations shall also provide that sentence credit, subject to
18the same offense limits and multiplier provided in this
19paragraph, may be provided to an inmate who was held in
20pre-trial detention prior to his or her current commitment to
21the Department of Corrections and successfully completed a
22full-time, 60-day or longer substance abuse program,
23educational program, behavior modification program, life
24skills course, or re-entry planning provided by the county
25department of corrections or county jail. Calculation of this
26county program credit shall be done at sentencing as provided

 

 

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1in Section 5-4.5-100 of this Code and shall be included in the
2sentencing order. However, no inmate shall be eligible for the
3additional sentence credit under this paragraph (4) or (4.1) of
4this subsection (a) while assigned to a boot camp or electronic
5detention.
6    (B) The Department shall award sentence credit under this
7paragraph (4) accumulated prior to the effective date of this
8amendatory Act of the 101st General Assembly in an amount
9specified in subparagraph (C) of this paragraph (4) to an
10inmate serving a sentence for an offense committed prior to
11June 19, 1998, if the Department determines that the inmate is
12entitled to this sentence credit, based upon:
13        (i) documentation provided by the Department that the
14    inmate engaged in any full-time substance abuse programs,
15    correctional industry assignments, educational programs,
16    behavior modification programs, life skills courses, or
17    re-entry planning provided by the Department under this
18    paragraph (4) and satisfactorily completed the assigned
19    program as determined by the standards of the Department
20    during the inmate's current term of incarceration; or
21        (ii) the inmate's own testimony in the form of an
22    affidavit or documentation, or a third party's
23    documentation or testimony in the form of an affidavit that
24    the inmate likely engaged in any full-time substance abuse
25    programs, correctional industry assignments, educational
26    programs, behavior modification programs, life skills

 

 

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1    courses, or re-entry planning provided by the Department
2    under paragraph (4) and satisfactorily completed the
3    assigned program as determined by the standards of the
4    Department during the inmate's current term of
5    incarceration.
6    (C) If the inmate can provide documentation that he or she
7is entitled to sentence credit under subparagraph (B) in excess
8of 45 days of participation in those programs, the inmate shall
9receive 90 days of sentence credit. If the inmate cannot
10provide documentation of more than 45 days of participation
11those programs, the inmate shall receive 45 days of sentence
12credit. In the event of a disagreement between the Department
13and the inmate as to the amount of credit accumulated under
14subparagraph (B), if the Department provides documented proof
15of a lesser amount of days of participation in those programs,
16that proof shall control. If the Department provides no
17documentary proof, the inmate's proof as set forth in clause
18(ii) of subparagraph (B) shall control as to the amount of
19sentence credit provided.
20    (D) If the inmate has been convicted of a sex offense as
21defined in Section 2 of the Sex Offender Registration Act,
22sentencing credits under subparagraph (B) of this paragraph (4)
23shall be awarded by the Department only if the conditions set
24forth in paragraph (4.6) of subsection (a) are satisfied. No
25inmate serving a term of natural life imprisonment shall
26receive sentence credit under subparagraph (B) of this

 

 

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1paragraph (4).
2    Educational, vocational, substance abuse, behavior
3modification programs, life skills courses, re-entry planning,
4and correctional industry programs under which sentence credit
5may be increased under this paragraph (4) and paragraph (4.1)
6of this subsection (a) shall be evaluated by the Department on
7the basis of documented standards. The Department shall report
8the results of these evaluations to the Governor and the
9General Assembly by September 30th of each year. The reports
10shall include data relating to the recidivism rate among
11program participants.
12    Availability of these programs shall be subject to the
13limits of fiscal resources appropriated by the General Assembly
14for these purposes. Eligible inmates who are denied immediate
15admission shall be placed on a waiting list under criteria
16established by the Department. The inability of any inmate to
17become engaged in any such programs by reason of insufficient
18program resources or for any other reason established under the
19rules and regulations of the Department shall not be deemed a
20cause of action under which the Department or any employee or
21agent of the Department shall be liable for damages to the
22inmate.
23    (4.1) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that an additional 90 days of sentence credit shall be awarded
26to any prisoner who passes high school equivalency testing

 

 

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1while the prisoner is committed to the Department of
2Corrections. The sentence credit awarded under this paragraph
3(4.1) shall be in addition to, and shall not affect, the award
4of sentence credit under any other paragraph of this Section,
5but shall also be pursuant to the guidelines and restrictions
6set forth in paragraph (4) of subsection (a) of this Section.
7The sentence credit provided for in this paragraph shall be
8available only to those prisoners who have not previously
9earned a high school diploma or a high school equivalency
10certificate. If, after an award of the high school equivalency
11testing sentence credit has been made, the Department
12determines that the prisoner was not eligible, then the award
13shall be revoked. The Department may also award 90 days of
14sentence credit to any committed person who passed high school
15equivalency testing while he or she was held in pre-trial
16detention prior to the current commitment to the Department of
17Corrections.
18    Except as provided in paragraph (4.7) of this subsection
19(a), the rules and regulations shall provide that an additional
20180 days of sentence credit shall be awarded to any prisoner
21who obtains a bachelor's degree while the prisoner is committed
22to the Department of Corrections. The sentence credit awarded
23under this paragraph (4.1) shall be in addition to, and shall
24not affect, the award of sentence credit under any other
25paragraph of this Section, but shall also be under the
26guidelines and restrictions set forth in paragraph (4) of this

 

 

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1subsection (a). The sentence credit provided for in this
2paragraph shall be available only to those prisoners who have
3not earned a bachelor's degree prior to the current commitment
4to the Department of Corrections. If, after an award of the
5bachelor's degree sentence credit has been made, the Department
6determines that the prisoner was not eligible, then the award
7shall be revoked. The Department may also award 180 days of
8sentence credit to any committed person who earned a bachelor's
9degree while he or she was held in pre-trial detention prior to
10the current commitment to the Department of Corrections.
11    Except as provided in paragraph (4.7) of this subsection
12(a), the rules and regulations shall provide that an additional
13180 days of sentence credit shall be awarded to any prisoner
14who obtains a master's or professional degree while the
15prisoner is committed to the Department of Corrections. The
16sentence credit awarded under this paragraph (4.1) shall be in
17addition to, and shall not affect, the award of sentence credit
18under any other paragraph of this Section, but shall also be
19under the guidelines and restrictions set forth in paragraph
20(4) of this subsection (a). The sentence credit provided for in
21this paragraph shall be available only to those prisoners who
22have not previously earned a master's or professional degree
23prior to the current commitment to the Department of
24Corrections. If, after an award of the master's or professional
25degree sentence credit has been made, the Department determines
26that the prisoner was not eligible, then the award shall be

 

 

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1revoked. The Department may also award 180 days of sentence
2credit to any committed person who earned a master's or
3professional degree while he or she was held in pre-trial
4detention prior to the current commitment to the Department of
5Corrections.
6    (4.5) The rules and regulations on sentence credit shall
7also provide that when the court's sentencing order recommends
8a prisoner for substance abuse treatment and the crime was
9committed on or after September 1, 2003 (the effective date of
10Public Act 93-354), the prisoner shall receive no sentence
11credit awarded under clause (3) of this subsection (a) unless
12he or she participates in and completes a substance abuse
13treatment program. The Director may waive the requirement to
14participate in or complete a substance abuse treatment program
15in specific instances if the prisoner is not a good candidate
16for a substance abuse treatment program for medical,
17programming, or operational reasons. Availability of substance
18abuse treatment shall be subject to the limits of fiscal
19resources appropriated by the General Assembly for these
20purposes. If treatment is not available and the requirement to
21participate and complete the treatment has not been waived by
22the Director, the prisoner shall be placed on a waiting list
23under criteria established by the Department. The Director may
24allow a prisoner placed on a waiting list to participate in and
25complete a substance abuse education class or attend substance
26abuse self-help meetings in lieu of a substance abuse treatment

 

 

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1program. A prisoner on a waiting list who is not placed in a
2substance abuse program prior to release may be eligible for a
3waiver and receive sentence credit under clause (3) of this
4subsection (a) at the discretion of the Director.
5    (4.6) The rules and regulations on sentence credit shall
6also provide that a prisoner who has been convicted of a sex
7offense as defined in Section 2 of the Sex Offender
8Registration Act shall receive no sentence credit unless he or
9she either has successfully completed or is participating in
10sex offender treatment as defined by the Sex Offender
11Management Board. However, prisoners who are waiting to receive
12treatment, but who are unable to do so due solely to the lack
13of resources on the part of the Department, may, at the
14Director's sole discretion, be awarded sentence credit at a
15rate as the Director shall determine.
16    (4.7) On or after the effective date of this amendatory Act
17of the 100th General Assembly, sentence credit under paragraph
18(3), (4), or (4.1) of this subsection (a) may be awarded to a
19prisoner who is serving a sentence for an offense described in
20paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
21on or after the effective date of this amendatory Act of the
22100th General Assembly; provided, the award of the credits
23under this paragraph (4.7) shall not reduce the sentence of the
24prisoner to less than the following amounts:
25        (i) 85% of his or her sentence if the prisoner is
26    required to serve 85% of his or her sentence; or

 

 

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1        (ii) 60% of his or her sentence if the prisoner is
2    required to serve 75% of his or her sentence, except if the
3    prisoner is serving a sentence for gunrunning his or her
4    sentence shall not be reduced to less than 75%.
5        (iii) 100% of his or her sentence if the prisoner is
6    required to serve 100% of his or her sentence.
7    (5) Whenever the Department is to release any inmate
8earlier than it otherwise would because of a grant of earned
9sentence credit under paragraph (3) of subsection (a) of this
10Section given at any time during the term, the Department shall
11give reasonable notice of the impending release not less than
1214 days prior to the date of the release to the State's
13Attorney of the county where the prosecution of the inmate took
14place, and if applicable, the State's Attorney of the county
15into which the inmate will be released. The Department must
16also make identification information and a recent photo of the
17inmate being released accessible on the Internet by means of a
18hyperlink labeled "Community Notification of Inmate Early
19Release" on the Department's World Wide Web homepage. The
20identification information shall include the inmate's: name,
21any known alias, date of birth, physical characteristics,
22commitment offense and county where conviction was imposed. The
23identification information shall be placed on the website
24within 3 days of the inmate's release and the information may
25not be removed until either: completion of the first year of
26mandatory supervised release or return of the inmate to custody

 

 

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1of the Department.
2    (6)(A) A prisoner, except for an ineligible prisoner under
3subparagraph (D), who successfully completes evidence-based
4recidivism reduction programming or productive activities,
5shall earn sentence credits as follows:
6        (i) A prisoner shall earn 10 days of sentence credits
7    for every 30 days of successful participation in
8    evidence-based recidivism reduction programming or
9    productive activities.
10        (ii) A prisoner determined by the Department of
11    Corrections to be at a minimum or low risk for
12    recidivating, who, over 2 consecutive assessments, has not
13    increased their risk of recidivism, shall earn an
14    additional 5 days of sentence credits for every 30 days of
15    successful participation in evidence-based recidivism
16    reduction programming or productive activities.
17        (iii) A prisoner shall earn 7 days additional sentence
18    credits per year.
19    (B) A prisoner may not earn sentence credits under this
20paragraph (6) for an evidence-based recidivism reduction
21program that the prisoner successfully completed:
22        (i) prior to the effective date of this amendatory Act
23    of the 101st General Assembly; or
24        (ii) during official detention prior to the date that
25    the prisoner's sentence commences.
26    (C) Sentence credits earned under this paragraph (6) by

 

 

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1prisoners who successfully participate in recidivism reduction
2programs or productive activities shall be applied toward time
3in prerelease custody or mandatory supervised release. The
4Director of Corrections shall transfer eligible prisoners, as
5determined under Section 5-8B-5, into prerelease custody or
6supervised release.
7    (D) A prisoner who is serving a term of imprisonment for
8first degree murder or for the offense of terrorism shall
9receive no sentence credits under this paragraph (6).
10    There shall be no limits on the number of prisoners who may
11participate in evidence-based recidivism reduction programming
12or productive activities.
13    The additional sentence credits provided in this paragraph
14(6) apply to prisoners who are or were committed to an
15institution or facility of the Department before, on, or after
16the effective date of this amendatory Act of the 101st General
17Assembly.
18    (b) Whenever a person is or has been committed under
19several convictions, with separate sentences, the sentences
20shall be construed under Section 5-8-4 in granting and
21forfeiting of sentence credit.
22    (c) The Department shall prescribe rules and regulations
23for revoking sentence credit, including revoking sentence
24credit awarded under paragraph (3) of subsection (a) of this
25Section. The Department shall prescribe rules and regulations
26for suspending or reducing the rate of accumulation of sentence

 

 

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1credit for specific rule violations, during imprisonment.
2These rules and regulations shall provide that no inmate may be
3penalized more than one year of sentence credit for any one
4infraction.
5    When the Department seeks to revoke, suspend or reduce the
6rate of accumulation of any sentence credits for an alleged
7infraction of its rules, it shall bring charges therefor
8against the prisoner sought to be so deprived of sentence
9credits before the Prisoner Review Board as provided in
10subparagraph (a)(4) of Section 3-3-2 of this Code, if the
11amount of credit at issue exceeds 30 days or when during any 12
12month period, the cumulative amount of credit revoked exceeds
1330 days except where the infraction is committed or discovered
14within 60 days of scheduled release. In those cases, the
15Department of Corrections may revoke up to 30 days of sentence
16credit. The Board may subsequently approve the revocation of
17additional sentence credit, if the Department seeks to revoke
18sentence credit in excess of 30 days. However, the Board shall
19not be empowered to review the Department's decision with
20respect to the loss of 30 days of sentence credit within any
21calendar year for any prisoner or to increase any penalty
22beyond the length requested by the Department.
23    The Director of the Department of Corrections, in
24appropriate cases, may restore up to 30 days of sentence
25credits which have been revoked, suspended or reduced. Any
26restoration of sentence credits in excess of 30 days shall be

 

 

HB4797- 76 -LRB101 19413 RLC 68885 b

1subject to review by the Prisoner Review Board. However, the
2Board may not restore sentence credit in excess of the amount
3requested by the Director.
4    Nothing contained in this Section shall prohibit the
5Prisoner Review Board from ordering, pursuant to Section
63-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
7sentence imposed by the court that was not served due to the
8accumulation of sentence credit.
9    (d) If a lawsuit is filed by a prisoner in an Illinois or
10federal court against the State, the Department of Corrections,
11or the Prisoner Review Board, or against any of their officers
12or employees, and the court makes a specific finding that a
13pleading, motion, or other paper filed by the prisoner is
14frivolous, the Department of Corrections shall conduct a
15hearing to revoke up to 180 days of sentence credit by bringing
16charges against the prisoner sought to be deprived of the
17sentence credits before the Prisoner Review Board as provided
18in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
19prisoner has not accumulated 180 days of sentence credit at the
20time of the finding, then the Prisoner Review Board may revoke
21all sentence credit accumulated by the prisoner.
22    For purposes of this subsection (d):
23        (1) "Frivolous" means that a pleading, motion, or other
24    filing which purports to be a legal document filed by a
25    prisoner in his or her lawsuit meets any or all of the
26    following criteria:

 

 

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1            (A) it lacks an arguable basis either in law or in
2        fact;
3            (B) it is being presented for any improper purpose,
4        such as to harass or to cause unnecessary delay or
5        needless increase in the cost of litigation;
6            (C) the claims, defenses, and other legal
7        contentions therein are not warranted by existing law
8        or by a nonfrivolous argument for the extension,
9        modification, or reversal of existing law or the
10        establishment of new law;
11            (D) the allegations and other factual contentions
12        do not have evidentiary support or, if specifically so
13        identified, are not likely to have evidentiary support
14        after a reasonable opportunity for further
15        investigation or discovery; or
16            (E) the denials of factual contentions are not
17        warranted on the evidence, or if specifically so
18        identified, are not reasonably based on a lack of
19        information or belief.
20        (2) "Lawsuit" means a motion pursuant to Section 116-3
21    of the Code of Criminal Procedure of 1963, a habeas corpus
22    action under Article X of the Code of Civil Procedure or
23    under federal law (28 U.S.C. 2254), a petition for claim
24    under the Court of Claims Act, an action under the federal
25    Civil Rights Act (42 U.S.C. 1983), or a second or
26    subsequent petition for post-conviction relief under

 

 

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1    Article 122 of the Code of Criminal Procedure of 1963
2    whether filed with or without leave of court or a second or
3    subsequent petition for relief from judgment under Section
4    2-1401 of the Code of Civil Procedure.
5    (e) Nothing in Public Act 90-592 or 90-593 affects the
6validity of Public Act 89-404.
7    (f) Whenever the Department is to release any inmate who
8has been convicted of a violation of an order of protection
9under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
10the Criminal Code of 2012, earlier than it otherwise would
11because of a grant of sentence credit, the Department, as a
12condition of release, shall require that the person, upon
13release, be placed under electronic surveillance as provided in
14Section 5-8A-7 of this Code.
15(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
16101-440, eff. 1-1-20.)
 
17    (730 ILCS 5/3-6-7)
18    Sec. 3-6-7. Pregnant female committed persons and new
19mothers. Notwithstanding any other statute, directive, or
20administrative regulation, when a pregnant female committed
21person is brought to a hospital from an Illinois correctional
22center for the purpose of delivering her baby and for at least
233 months after delivery, no handcuffs, shackles, or restraints
24of any kind may be used during her transport to a medical
25facility for the purpose of delivering her baby. Under no

 

 

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1circumstances may leg irons or shackles or waist shackles be
2used on any pregnant female committed person who is in labor.
3Upon the pregnant female committed person's entry to the
4hospital delivery room, a correctional officer must be posted
5immediately outside the delivery room. The Department must
6provide for adequate personnel to monitor the pregnant female
7committed person during her transport to and from the hospital
8and during her stay at the hospital.
9(Source: P.A. 91-253, eff. 1-1-00.)
 
10    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
11    Sec. 3-7-2. Facilities.
12    (a) All institutions and facilities of the Department shall
13provide every committed person with access to toilet
14facilities, barber facilities, bathing facilities at least
15once each week, a library of legal materials and published
16materials including newspapers and magazines approved by the
17Director. A committed person may not receive any materials that
18the Director deems pornographic.
19    (b) (Blank).
20    (c) All institutions and facilities of the Department shall
21provide facilities for every committed person to leave his cell
22for at least one hour each day unless the chief administrative
23officer determines that it would be harmful or dangerous to the
24security or safety of the institution or facility.
25    (d) All institutions and facilities of the Department shall

 

 

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1provide every committed person with a wholesome and nutritional
2diet at regularly scheduled hours, drinking water, clothing
3adequate for the season, bedding, soap and towels and medical
4and dental care.
5    (e) All institutions and facilities of the Department shall
6permit every committed person to send and receive an unlimited
7number of uncensored letters and to receive emails, provided,
8however, that the Director may order that mail be inspected and
9read for reasons of the security, safety or morale of the
10institution or facility.
11    (f) All of the institutions and facilities of the
12Department shall permit every committed person to receive
13in-person visitors and video contact, if available, except in
14case of abuse of the visiting privilege or when the chief
15administrative officer determines that such visiting would be
16harmful or dangerous to the security, safety or morale of the
17institution or facility. Each committed person is entitled to 7
18visits per month. Every committed person may submit a list of
19at least 30 persons to the Department that are authorized to
20visit the committed person. The list shall be kept in an
21electronic format by the Department beginning on August 1,
222019, as well as available in paper form for Department
23employees. The chief administrative officer shall have the
24right to restrict visitation to non-contact visits, video, or
25other forms of non-contact visits for reasons of safety,
26security, and order, including, but not limited to, restricting

 

 

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1contact visits for committed persons engaged in gang activity.
2No committed person in a super maximum security facility or on
3disciplinary segregation is allowed contact visits. Any
4committed person found in possession of illegal drugs or who
5fails a drug test shall not be permitted contact visits for a
6period of at least 6 months. Any committed person involved in
7gang activities or found guilty of assault committed against a
8Department employee shall not be permitted contact visits for a
9period of at least 6 months. The Department shall offer every
10visitor appropriate written information concerning HIV and
11AIDS, including information concerning how to contact the
12Illinois Department of Public Health for counseling
13information. The Department shall develop the written
14materials in consultation with the Department of Public Health.
15The Department shall ensure that all such information and
16materials are culturally sensitive and reflect cultural
17diversity as appropriate. Implementation of the changes made to
18this Section by Public Act 94-629 is subject to appropriation.
19The Department shall seek the lowest possible cost to provide
20video calling and shall charge to the extent of recovering any
21demonstrated costs of providing video calling. The Department
22shall not make a commission or profit from video calling
23services. Nothing in this Section shall be construed to permit
24video calling instead of in-person visitation. Under Section
253-2-2.6, the Director of Corrections shall determine whether
26the statutory visitation period in this Section should be

 

 

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1increased and may in his or her discretion increase that period
2in the best interest of committed persons. If the Director has
3established limits on the number and time periods of telephone
4calls that may be made by committed persons, the Director shall
5reassess the limitations and may increase the time periods and
6numbers of the telephone calls that may be made by committed
7persons.
8    (f-5) (Blank).
9    (f-10) The Department may not restrict or limit in-person
10visits to committed persons due to the availability of
11interactive video conferences.
12    (f-15)(1) The Department shall issue a standard written
13policy for each institution and facility of the Department that
14provides for:
15        (A) the number of in-person visits each committed
16    person is entitled to per week and per month including the
17    requirements of subsection (f) of this Section;
18        (B) the hours of in-person visits;
19        (C) the type of identification required for visitors at
20    least 18 years of age; and
21        (D) the type of identification, if any, required for
22    visitors under 18 years of age.
23    (2) This policy shall be posted on the Department website
24and at each facility.
25    (3) The Department shall post on its website daily any
26restrictions or denials of visitation for that day and the

 

 

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1succeeding 5 calendar days, including those based on a lockdown
2of the facility, to inform family members and other visitors.
3    (g) All institutions and facilities of the Department shall
4permit religious ministrations and sacraments to be available
5to every committed person, but attendance at religious services
6shall not be required.
7    (h) Within 90 days after December 31, 1996, the Department
8shall prohibit the use of curtains, cell-coverings, or any
9other matter or object that obstructs or otherwise impairs the
10line of vision into a committed person's cell.
11    (i) Priority shall be given to providing education,
12treatment, and psychological and psychiatric counseling to
13those committed persons deemed by the chief administrative
14officer to be of the greatest risk of causing physical harm to
15the committed person or others.
16    (j) If the committed person is female, feminine hygiene
17products shall be furnished to the committed person without
18cost.
19(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
20100-142, eff. 1-1-18; 100-677, eff. 1-1-19; 100-863, eff.
218-14-18.)
 
22    (730 ILCS 5/3-7-2a)  (from Ch. 38, par. 1003-7-2a)
23    Sec. 3-7-2a. If a facility maintains a commissary or
24commissaries serving inmates, the selling prices for all goods
25shall be sufficient to cover the costs of the goods and an

 

 

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1additional charge of up to 35% for tobacco products and up to
225% for non-tobacco products. The amount of the additional
3charges for goods sold at commissaries serving inmates shall be
4based upon the amount necessary to pay for the wages and
5benefits of commissary employees who are employed in any
6commissary facilities of the Department. The Department shall
7determine the additional charges upon any changes in wages and
8benefits of commissary employees as negotiated in the
9collective bargaining agreement. If a facility maintains a
10commissary or commissaries serving employees, the selling
11price for all goods shall be sufficient to cover the costs of
12the goods and an additional charge of up to 10%. A compliance
13audit of all commissaries and the distribution of commissary
14funds shall be included in the regular compliance audit of the
15Department conducted by the Auditor General in accordance with
16the Illinois State Auditing Act.
17    Items purchased for sale at any such commissary shall be
18purchased, wherever possible, at wholesale costs. If a facility
19maintains a commissary or commissaries as of the effective date
20of this amendatory Act of the 93rd General Assembly, the
21Department may not contract with a private contractor or vendor
22to operate, manage, or perform any portion of the commissary
23services. The Department may not enter into any such contract
24for commissary services at a facility that opens subsequent to
25the effective date of this amendatory Act of the 93rd General
26Assembly.

 

 

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1    The correctional institution or facility that maintains a
2commissary may not limit the amount of a committed person's
3spending at the commissary.
4(Source: P.A. 93-607, eff. 1-1-04; 94-913, eff. 6-23-06.)
 
5    (730 ILCS 5/3-8-4)  (from Ch. 38, par. 1003-8-4)
6    Sec. 3-8-4. Intradivisional Transfers.
7    (a) After the initial assignments under Sections 3-8-2 and
83-8-3, all transfers of committed persons to another
9institution or facility shall be reviewed and approved by a
10person or persons designated by the Director. The review shall
11take into consideration, the distance that the family of the
12committed person resides away from the correctional
13institution or facility and the request of the committed person
14to be reassigned to another institution or facility of the
15Department. A record of each transfer and the reasons therefor
16shall be included in the person's master record file.
17    (b) Transfers to facilities for psychiatric treatment and
18care within the Department shall be made only after prior
19psychiatric examination and certification to the Director that
20such transfer is required. Persons in facilities for
21psychiatric treatment and care within the Department shall be
22reexamined at least every 6 months. Persons found to no longer
23require psychiatric treatment and care shall be transferred to
24other facilities of the Department.
25(Source: P.A. 77-2097.)
 

 

 

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1    (730 ILCS 5/3-14-1.1 new)
2    Sec. 3-14-1.1. Pathway to Community Program.
3    (a) In this Section:
4        "Committed person" means a currently incarcerated
5    person who (i) is at least 60 years of age and (ii) has
6    served at least two-thirds of her her sentence of
7    imprisonment in an institution or facility of the
8    Department of Corrections.
9        "Family member" means a spouse, parent, child, or
10    sibling.
11        "Program" means the Pathway to Community Program
12    created in this Section.
13    (b) A committed person may petition the Department of
14Corrections for participation in the Pathway to Community
15Program as provided in this Section. If a committed person
16files a petition, the Department shall make an exhaustive
17effort to find and notify the victim and the family members of
18the victim of the petitioner's offense.
19    (c) The petition shall contain a statement by the
20petitioner that he or she is qualified to participate in the
21Program, together with the petitioner's plans for reentry,
22including, but not limited to, information about where the
23petitioner will live, how the petitioner will be supported
24financially, and any plans for the petitioner's ongoing medical
25care if necessary. The petition may also contain supporting

 

 

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1statements or documentation related to the factors listed in
2paragraphs (1) through (7) of subsection (d) of this Section.
3    (d) The petition shall, in the first instance, be screened
4by the Department of Corrections, who shall determine whether
5to recommend that the petitioner be considered for
6participation in the Program. In so doing, the Department shall
7draw on information in the petition and on its own resources,
8including its use of tools that assesses the petitioner's
9risks, assets, and needs to determine whether the petitioner
10may be released and, if so, under what specific conditions set
11by the Department. Among other factors, in making this
12determination the Department shall consider the following:
13        (1) the petitioner's successful participation in
14    programs designed to restore him or her to a useful and
15    productive life upon release (including educational
16    programs and programs designed to deal with substance abuse
17    or other issues) or, if the programs are not available,
18    information demonstrating that the petitioner has engaged
19    in self-education programs, correspondence courses, or
20    other self-improvement efforts;
21        (2) the genuine reform and changed behavior the
22    petitioner has demonstrated over a period of years;
23        (3) the petitioner's remorse for the consequences of
24    his or her criminal conduct;
25        (4) the petitioner's ability to socialize with others
26    in an acceptable manner;

 

 

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1        (5) the petitioner's renunciation of criminal activity
2    and gang affiliation if the petitioner was a member of a
3    gang;
4        (6) an appropriate plan for living arrangements,
5    financial support, and any medical care that will be needed
6    when the petitioner returns to society; and
7        (7) input from the victim of the petitioner's offense
8    and from their family members.
9    (e) Before a participant is selected for the Program, the
10petitioner shall successfully complete an atonement and
11restorative justice program prepared by the Department.
12Following completion of this program of atonement and
13restorative justice, the Department shall notify the victim and
14the family members of the victim of the petitioner's offense
15and to afford them the opportunity to participate in the
16Department's final selection process for the Pathway to
17Community Program. Up to $1,000 of trauma-informed victim
18services or trauma-certified professional therapy shall be
19provided by the Department to family members of the victim of
20the petitioner's offense. Insurance policies of the family
21members of the victim of the petitioner's offense or family
22members financial resources shall first be used to pay the
23costs of these services or therapy. Optional participation by
24family members of the victim of petitioner's offense shall be
25provided by the Department at no cost to the family members of
26the victim.

 

 

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1    (f) Time served in the Program shall be credited toward
2time served on the sentence. The end date of the period of
3mandatory supervised release shall remain the same as it would
4have been had the petitioner not been given early supervised
5release, and the petitioner shall remain under supervision of
6the Department until that date, except that the Department may
7enter an order releasing and discharging the petitioner from
8mandatory supervised release if it determines that he or she is
9likely to remain at liberty without committing another offense.
10Discharge of the petitioner from mandatory supervised release
11does not discharge the petitioner's sentence, if time to be
12served remains; nor does it deprive the Department of
13jurisdiction over the petitioner, if time to be served remains.
14    (g) Beginning on the effective date of this amendatory Act
15of the 101st General Assembly, notwithstanding any other law to
16the contrary, all persons serving sentences in the Department
17who meet the requirements of subsection (b) of this Section are
18eligible to petition to participate in the Program. The
19Department shall establish a system to allow for the orderly
20disposition of the applications of those presently
21incarcerated as they become eligible.
22    (h) After 8 years of participation in the Program, the
23participant may petition the Governor for executive clemency
24under Section 3-3-13 of this Code.
25    (i) The Department shall select a panel of independent
26researchers to assess the effectiveness of the Program and to

 

 

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1make annual recommendations to the Governor and General
2Assembly as to whether the Program should be extended.
3    (j) Notwithstanding any other provision of law to the
4contrary, this Section shall control any release under this
5Program.
 
6    (730 ILCS 5/3-14-4)  (from Ch. 38, par. 1003-14-4)
7    Sec. 3-14-4. Half-way Houses.
8    (a) The Department may establish and maintain half-way
9houses for the residence of persons on parole or mandatory
10release or placed in prerelease custody under Section 5-8B-5.
11Such half-way houses shall be maintained apart from security
12institutions, except that the Director of Corrections is
13authorized to designate that any work or day release facility,
14or any portion thereof, may be used as a half-way house for the
15residence of persons on parole or mandatory supervised release
16or placed in prerelease custody under Section 5-8B-5.
17    (b) For those persons to be placed in a half-way house
18directly upon release from an institution on parole or
19mandatory supervised release status or upon placement in
20prerelease custody, not less than 15 days prior to the
21placement of such a person in such a half-way house, the
22Department of Corrections shall give written notice to the
23State's Attorney and the Sheriff of the county and the proper
24law enforcement agency of the municipality in which the
25half-way house is located of the identity of the person to be

 

 

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1placed in that program. Such identifying information shall
2include, but not be limited to, the name of the individual,
3age, physical description, photograph, the crime for which the
4person was originally sentenced to the Department of
5Corrections, and like information. The notice shall be given in
6all cases, except when placement of an emergency nature is
7necessary. In such emergency cases, oral notice shall be given
8to the appropriate parties within 24 hours with written notice
9to follow within 5 days.
10    (c) Persons on parole or mandatory supervised release
11status who have been previously released to the community, but
12who are not currently residing in a half-way house, may be
13placed in a half-way house upon the oral notification of the
14parties within 24 hours as indicated in subsection (b) of this
15Section. Such oral notification shall be followed with written
16notification within 5 days.
17(Source: P.A. 91-695, eff. 4-13-00.)
 
18    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
19    Sec. 5-4-1. Sentencing hearing.
20    (a) Except when the death penalty is sought under hearing
21procedures otherwise specified, after a determination of
22guilt, a hearing shall be held to impose the sentence. However,
23prior to the imposition of sentence on an individual being
24sentenced for an offense based upon a charge for a violation of
25Section 11-501 of the Illinois Vehicle Code or a similar

 

 

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1provision of a local ordinance, the individual must undergo a
2professional evaluation to determine if an alcohol or other
3drug abuse problem exists and the extent of such a problem.
4Programs conducting these evaluations shall be licensed by the
5Department of Human Services. However, if the individual is not
6a resident of Illinois, the court may, in its discretion,
7accept an evaluation from a program in the state of such
8individual's residence. The court shall make a specific finding
9about whether the defendant is eligible for participation in a
10Department impact incarceration program as provided in Section
115-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
12why a sentence to impact incarceration is not an appropriate
13sentence. The court may in its sentencing order recommend a
14defendant for placement in a Department of Corrections
15substance abuse treatment program as provided in paragraph (a)
16of subsection (1) of Section 3-2-2 conditioned upon the
17defendant being accepted in a program by the Department of
18Corrections. At the hearing the court shall:
19        (1) consider the evidence, if any, received upon the
20    trial;
21        (2) consider any presentence reports;
22        (3) consider the financial impact of incarceration
23    based on the financial impact statement filed with the
24    clerk of the court by the Department of Corrections;
25        (4) consider evidence and information offered by the
26    parties in aggravation and mitigation;

 

 

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1        (4.5) consider substance abuse treatment, eligibility
2    screening, and an assessment, if any, of the defendant by
3    an agent designated by the State of Illinois to provide
4    assessment services for the Illinois courts;
5        (5) hear arguments as to sentencing alternatives;
6        (6) afford the defendant the opportunity to make a
7    statement in his own behalf;
8        (7) afford the victim of a violent crime or a violation
9    of Section 11-501 of the Illinois Vehicle Code, or a
10    similar provision of a local ordinance, the opportunity to
11    present an oral or written statement, as guaranteed by
12    Article I, Section 8.1 of the Illinois Constitution and
13    provided in Section 6 of the Rights of Crime Victims and
14    Witnesses Act. The court shall allow a victim to make an
15    oral statement if the victim is present in the courtroom
16    and requests to make an oral or written statement. An oral
17    or written statement includes the victim or a
18    representative of the victim reading the written
19    statement. The court may allow persons impacted by the
20    crime who are not victims under subsection (a) of Section 3
21    of the Rights of Crime Victims and Witnesses Act to present
22    an oral or written statement. A victim and any person
23    making an oral statement shall not be put under oath or
24    subject to cross-examination. All statements offered under
25    this paragraph (7) shall become part of the record of the
26    court. In this paragraph (7), "victim of a violent crime"

 

 

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1    means a person who is a victim of a violent crime for which
2    the defendant has been convicted after a bench or jury
3    trial or a person who is the victim of a violent crime with
4    which the defendant was charged and the defendant has been
5    convicted under a plea agreement of a crime that is not a
6    violent crime as defined in subsection (c) of 3 of the
7    Rights of Crime Victims and Witnesses Act;
8        (7.5) afford a qualified person affected by: (i) a
9    violation of Section 405, 405.1, 405.2, or 407 of the
10    Illinois Controlled Substances Act or a violation of
11    Section 55 or Section 65 of the Methamphetamine Control and
12    Community Protection Act; or (ii) a Class 4 felony
13    violation of Section 11-14, 11-14.3 except as described in
14    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
15    11-18.1, or 11-19 of the Criminal Code of 1961 or the
16    Criminal Code of 2012, committed by the defendant the
17    opportunity to make a statement concerning the impact on
18    the qualified person and to offer evidence in aggravation
19    or mitigation; provided that the statement and evidence
20    offered in aggravation or mitigation shall first be
21    prepared in writing in conjunction with the State's
22    Attorney before it may be presented orally at the hearing.
23    Sworn testimony offered by the qualified person is subject
24    to the defendant's right to cross-examine. All statements
25    and evidence offered under this paragraph (7.5) shall
26    become part of the record of the court. In this paragraph

 

 

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1    (7.5), "qualified person" means any person who: (i) lived
2    or worked within the territorial jurisdiction where the
3    offense took place when the offense took place; or (ii) is
4    familiar with various public places within the territorial
5    jurisdiction where the offense took place when the offense
6    took place. "Qualified person" includes any peace officer
7    or any member of any duly organized State, county, or
8    municipal peace officer unit assigned to the territorial
9    jurisdiction where the offense took place when the offense
10    took place;
11        (8) in cases of reckless homicide afford the victim's
12    spouse, guardians, parents or other immediate family
13    members an opportunity to make oral statements;
14        (9) in cases involving a felony sex offense as defined
15    under the Sex Offender Management Board Act, consider the
16    results of the sex offender evaluation conducted pursuant
17    to Section 5-3-2 of this Act; and
18        (10) make a finding of whether a motor vehicle was used
19    in the commission of the offense for which the defendant is
20    being sentenced.
21    (b) All sentences shall be imposed by the judge based upon
22his independent assessment of the elements specified above and
23any agreement as to sentence reached by the parties. The judge
24who presided at the trial or the judge who accepted the plea of
25guilty shall impose the sentence unless he is no longer sitting
26as a judge in that court. Where the judge does not impose

 

 

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1sentence at the same time on all defendants who are convicted
2as a result of being involved in the same offense, the
3defendant or the State's Attorney may advise the sentencing
4court of the disposition of any other defendants who have been
5sentenced.
6    (b-1) In imposing a sentence of imprisonment or periodic
7imprisonment for a Class 3 or Class 4 felony for which a
8sentence of probation or conditional discharge is an available
9sentence, if the defendant has no prior sentence of probation
10or conditional discharge and no prior conviction for a violent
11crime, the defendant shall not be sentenced to imprisonment
12before review and consideration of a presentence report and
13determination and explanation of why the particular evidence,
14information, factor in aggravation, factual finding, or other
15reasons support a sentencing determination that one or more of
16the factors under subsection (a) of Section 5-6-1 of this Code
17apply and that probation or conditional discharge is not an
18appropriate sentence.
19    (c) In imposing a sentence for a violent crime or for an
20offense of operating or being in physical control of a vehicle
21while under the influence of alcohol, any other drug or any
22combination thereof, or a similar provision of a local
23ordinance, when such offense resulted in the personal injury to
24someone other than the defendant, the trial judge shall specify
25on the record the particular evidence, information, factors in
26mitigation and aggravation or other reasons that led to his

 

 

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1sentencing determination. The full verbatim record of the
2sentencing hearing shall be filed with the clerk of the court
3and shall be a public record.
4    (c-1) In imposing a sentence for the offense of aggravated
5kidnapping for ransom, home invasion, armed robbery,
6aggravated vehicular hijacking, aggravated discharge of a
7firearm, or armed violence with a category I weapon or category
8II weapon, the trial judge shall make a finding as to whether
9the conduct leading to conviction for the offense resulted in
10great bodily harm to a victim, and shall enter that finding and
11the basis for that finding in the record.
12    (c-1.5) Notwithstanding any other provision of law to the
13contrary, in imposing a sentence for an offense that requires a
14mandatory minimum sentence of imprisonment or probation or
15conditional discharge of one year or more, the court may
16sentence the offender to probation or conditional discharge or
17other non-imprisonment sentence it deems appropriate instead
18of to a sentence of imprisonment or to a lesser sentence of
19imprisonment, probation, or conditional discharge than the
20minimum sentence of imprisonment, probation, or conditional
21discharge provided for the offense if the court finds that the
22defendant does not pose a risk to public safety and the
23interest of justice requires the non-imposition of the
24mandatory sentence of imprisonment or a lesser sentence of
25imprisonment, probation, or conditional discharge. The court
26must state on the record its reasons for not imposing the

 

 

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1minimum sentence of imprisonment or a lesser sentence of
2imprisonment, probation, or conditional discharge. If the
3defendant has been charged with an offense involving the use,
4possession, or discharge of a firearm, the court may only
5deviate from a mandatory minimum sentence or probation or
6conditional discharge requirement if the defendant's conduct
7involves a violation of subsection (c) of Section 24-1 of the
8Criminal Code of 2012, subsection (a) of Section 24-1.1 of the
9Criminal Code of 2012, or sentencing under paragraph (1), (2),
10or (3) of subsection (d) of Section 24-1.6 of the Criminal Code
11of 2012, it is the express recommendation of a presentence
12investigation, and there is clear articulable evidence that the
13defendant is not a threat to the public safety. The court's
14reason for deviating in this way must be fully stated by the
15court into the record at the time of sentencing. An offender
16convicted of a forcible felony as defined in Section 2-8 of the
17Criminal Code of 2012, residential burglary under Section 19-3
18of the Criminal Code of 2012, a sex offense under Article 11 of
19the Criminal Code of 2012, or any offense resulting in the
20infliction of great bodily harm to another may not be sentenced
21to a lesser term of imprisonment, probation, or conditional
22discharge under this subsection (c-1.5).
23    (c-2) If the defendant is sentenced to prison, other than
24when a sentence of natural life imprisonment or a sentence of
25death is imposed, at the time the sentence is imposed the judge
26shall state on the record in open court the approximate period

 

 

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1of time the defendant will serve in custody according to the
2then current statutory rules and regulations for sentence
3credit found in Section 3-6-3 and other related provisions of
4this Code. This statement is intended solely to inform the
5public, has no legal effect on the defendant's actual release,
6and may not be relied on by the defendant on appeal.
7    The judge's statement, to be given after pronouncing the
8sentence, other than when the sentence is imposed for one of
9the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
10shall include the following:
11    "The purpose of this statement is to inform the public of
12the actual period of time this defendant is likely to spend in
13prison as a result of this sentence. The actual period of
14prison time served is determined by the statutes of Illinois as
15applied to this sentence by the Illinois Department of
16Corrections and the Illinois Prisoner Review Board. In this
17case, assuming the defendant receives all of his or her
18sentence credit, the period of estimated actual custody is ...
19years and ... months, less up to 180 days additional earned
20sentence credit. If the defendant, because of his or her own
21misconduct or failure to comply with the institutional
22regulations, does not receive those credits, the actual time
23served in prison will be longer. The defendant may also receive
24an additional one-half day sentence credit for each day of
25participation in vocational, industry, substance abuse, and
26educational programs as provided for by Illinois statute."

 

 

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1    When the sentence is imposed for one of the offenses
2enumerated in paragraph (a)(2) of Section 3-6-3, other than
3first degree murder, and the offense was committed on or after
4June 19, 1998, and when the sentence is imposed for reckless
5homicide as defined in subsection (e) of Section 9-3 of the
6Criminal Code of 1961 or the Criminal Code of 2012 if the
7offense was committed on or after January 1, 1999, and when the
8sentence is imposed for aggravated driving under the influence
9of alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof as defined in
11subparagraph (F) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code, and when the sentence is
13imposed for aggravated arson if the offense was committed on or
14after July 27, 2001 (the effective date of Public Act 92-176),
15and when the sentence is imposed for aggravated driving under
16the influence of alcohol, other drug or drugs, or intoxicating
17compound or compounds, or any combination thereof as defined in
18subparagraph (C) of paragraph (1) of subsection (d) of Section
1911-501 of the Illinois Vehicle Code committed on or after
20January 1, 2011 (the effective date of Public Act 96-1230), the
21judge's statement, to be given after pronouncing the sentence,
22shall include the following:
23    "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois as

 

 

HB4797- 101 -LRB101 19413 RLC 68885 b

1applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant is entitled to no more than 4 1/2 days of
4sentence credit for each month of his or her sentence of
5imprisonment. Therefore, this defendant will serve at least 85%
6of his or her sentence. Assuming the defendant receives 4 1/2
7days credit for each month of his or her sentence, the period
8of estimated actual custody is ... years and ... months. If the
9defendant, because of his or her own misconduct or failure to
10comply with the institutional regulations receives lesser
11credit, the actual time served in prison will be longer."
12    When a sentence of imprisonment is imposed for first degree
13murder and the offense was committed on or after June 19, 1998,
14the judge's statement, to be given after pronouncing the
15sentence, shall include the following:
16    "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois as
20applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, the defendant is not entitled to sentence credit.
23Therefore, this defendant will serve 100% of his or her
24sentence."
25    When the sentencing order recommends placement in a
26substance abuse program for any offense that results in

 

 

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1incarceration in a Department of Corrections facility and the
2crime was committed on or after September 1, 2003 (the
3effective date of Public Act 93-354), the judge's statement, in
4addition to any other judge's statement required under this
5Section, to be given after pronouncing the sentence, shall
6include the following:
7    "The purpose of this statement is to inform the public of
8the actual period of time this defendant is likely to spend in
9prison as a result of this sentence. The actual period of
10prison time served is determined by the statutes of Illinois as
11applied to this sentence by the Illinois Department of
12Corrections and the Illinois Prisoner Review Board. In this
13case, the defendant shall receive no earned sentence credit
14under clause (3) of subsection (a) of Section 3-6-3 until he or
15she participates in and completes a substance abuse treatment
16program or receives a waiver from the Director of Corrections
17pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
18    (c-4) Before the sentencing hearing and as part of the
19presentence investigation under Section 5-3-1, the court shall
20inquire of the defendant whether the defendant is currently
21serving in or is a veteran of the Armed Forces of the United
22States. If the defendant is currently serving in the Armed
23Forces of the United States or is a veteran of the Armed Forces
24of the United States and has been diagnosed as having a mental
25illness by a qualified psychiatrist or clinical psychologist or
26physician, the court may:

 

 

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1        (1) order that the officer preparing the presentence
2    report consult with the United States Department of
3    Veterans Affairs, Illinois Department of Veterans'
4    Affairs, or another agency or person with suitable
5    knowledge or experience for the purpose of providing the
6    court with information regarding treatment options
7    available to the defendant, including federal, State, and
8    local programming; and
9        (2) consider the treatment recommendations of any
10    diagnosing or treating mental health professionals
11    together with the treatment options available to the
12    defendant in imposing sentence.
13    For the purposes of this subsection (c-4), "qualified
14psychiatrist" means a reputable physician licensed in Illinois
15to practice medicine in all its branches, who has specialized
16in the diagnosis and treatment of mental and nervous disorders
17for a period of not less than 5 years.
18    (c-6) In imposing a sentence, the trial judge shall
19specify, on the record, the particular evidence and other
20reasons which led to his or her determination that a motor
21vehicle was used in the commission of the offense.
22    (d) When the defendant is committed to the Department of
23Corrections, the State's Attorney shall and counsel for the
24defendant may file a statement with the clerk of the court to
25be transmitted to the department, agency or institution to
26which the defendant is committed to furnish such department,

 

 

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1agency or institution with the facts and circumstances of the
2offense for which the person was committed together with all
3other factual information accessible to them in regard to the
4person prior to his commitment relative to his habits,
5associates, disposition and reputation and any other facts and
6circumstances which may aid such department, agency or
7institution during its custody of such person. The clerk shall
8within 10 days after receiving any such statements transmit a
9copy to such department, agency or institution and a copy to
10the other party, provided, however, that this shall not be
11cause for delay in conveying the person to the department,
12agency or institution to which he has been committed.
13    (e) The clerk of the court shall transmit to the
14department, agency or institution, if any, to which the
15defendant is committed, the following:
16        (1) the sentence imposed;
17        (2) any statement by the court of the basis for
18    imposing the sentence;
19        (3) any presentence reports;
20        (3.5) any sex offender evaluations;
21        (3.6) any substance abuse treatment eligibility
22    screening and assessment of the defendant by an agent
23    designated by the State of Illinois to provide assessment
24    services for the Illinois courts;
25        (4) the number of days, if any, which the defendant has
26    been in custody and for which he is entitled to credit

 

 

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1    against the sentence, which information shall be provided
2    to the clerk by the sheriff;
3        (4.1) any finding of great bodily harm made by the
4    court with respect to an offense enumerated in subsection
5    (c-1);
6        (5) all statements filed under subsection (d) of this
7    Section;
8        (6) any medical or mental health records or summaries
9    of the defendant;
10        (7) the municipality where the arrest of the offender
11    or the commission of the offense has occurred, where such
12    municipality has a population of more than 25,000 persons;
13        (8) all statements made and evidence offered under
14    paragraph (7) of subsection (a) of this Section; and
15        (9) all additional matters which the court directs the
16    clerk to transmit.
17    (f) In cases in which the court finds that a motor vehicle
18was used in the commission of the offense for which the
19defendant is being sentenced, the clerk of the court shall,
20within 5 days thereafter, forward a report of such conviction
21to the Secretary of State.
22(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
23101-105, eff. 1-1-20.)
 
24    (730 ILCS 5/Art. 5-8B heading new)
25
ARTICLE 8B. PRERELEASE CUSTODY

 

 

 

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1    (730 ILCS 5/5-8B-1 new)
2    Sec. 5-8B-1. Prerelease Custody Law. This Article may be
3cited as the Prerelease Custody Law.
 
4    (730 ILCS 5/5-8B-5 new)
5    Sec. 5-8B-5. Prerelease custody for risk and needs
6assessment system participants.
7    (a) This Section applies in the case of a committed person
8who:
9        (1) has earned sentence credits under the risk and
10    needs assessment system developed under Section 3-2-2.6 in
11    an amount that is equal to the remainder of the committed
12    person's imposed term of imprisonment;
13        (2) has shown through the periodic risk reassessments a
14    demonstrated recidivism risk reduction or has maintained a
15    minimum or low recidivism risk, during the committed
16    person's term of imprisonment;
17        (3) has been classified by the chief administrative
18    officer of the correctional institution or facility as
19    otherwise qualified to be transferred into prerelease
20    custody; and
21        (4)(A) has been determined under the system to be a
22    minimum or low risk to recidivate; or
23        (B) has had a petition to be transferred to prerelease
24    custody approved by the chief administrative officer of the

 

 

HB4797- 107 -LRB101 19413 RLC 68885 b

1    correctional institution or facility, after the chief
2    administrative officer's determination that:
3            (i) the committed person would not be a danger to
4        society if transferred to prerelease custody;
5            (ii) the committed person has made a good faith
6        effort to lower their recidivism risk through
7        participation in recidivism reduction programs or
8        productive activities;
9            (iii) the committed person is unlikely to
10        recidivate; and
11            (iv) the transfer of the committed person to
12        prerelease custody is otherwise appropriate.
13    (b) A committed person shall be placed in prerelease
14custody as follows:
15        (1) A committed person placed in prerelease custody
16    under this Section who is placed in home confinement shall:
17            (A) be subject to 24-hour electronic monitoring
18        that enables the prompt identification of the
19        committed person, location, and time, in the case of
20        any violation of subparagraph (B);
21            (B) remain in the committed person's residence,
22        except that the committed person may leave the
23        committed person's home in order to, subject to the
24        approval of the Director of Corrections to:
25                (i) perform a job or job-related activities,
26            including an apprenticeship, or participate in

 

 

HB4797- 108 -LRB101 19413 RLC 68885 b

1            job-seeking activities;
2                (ii) participate in evidence-based recidivism
3            reduction programming or productive activities
4            assigned by the system, or similar activities;
5                (iii) perform community service;
6                (iv) participate in crime victim restoration
7            activities;
8                (v) receive medical treatment; or
9                (vi) attend religious activities; and
10            (C) comply with other conditions as the Director
11        determines appropriate.
12        (2) If the electronic monitoring of a committed person
13    described in paragraph (1) is infeasible for technical or
14    religious reasons, the Director of Corrections may use
15    alternative means of monitoring a committed person placed
16    in home confinement that the Director determines are as
17    effective or more effective than the electronic monitoring
18    described in subparagraph (A) of paragraph (1).
19        (3) The Director of Corrections may modify the
20    conditions described in paragraph (1) if the Director
21    determines that a compelling reason exists to do so, and
22    that the committed person has demonstrated exemplary
23    compliance with such conditions.
24        (4)(A) Except as provided in subsection (d), a
25    committed person who is placed in home confinement shall
26    remain in home confinement until the committed person has

 

 

HB4797- 109 -LRB101 19413 RLC 68885 b

1    served not less than 85% of the committed person's imposed
2    term of imprisonment.
3        (B) A committed person placed in prerelease custody
4    under this Section who is placed at a residential reentry
5    center shall be subject to the conditions as the Director
6    of Corrections determines appropriate.
7    (c) In determining appropriate conditions for committed
8persons placed in prerelease custody under this Section, the
9Director of Corrections shall, to the extent practicable,
10provide that increasingly less restrictive conditions shall be
11imposed on committed persons who demonstrate continued
12compliance with the conditions of such prerelease custody, so
13as to most effectively prepare such committed persons for
14reentry.
15    (d) If a committed person violates a condition of the
16committed person's prerelease custody, the Director of
17Corrections may impose any additional conditions on the
18committed person's prerelease custody as the Director of
19Corrections determines appropriate, or revoke the committed
20person's prerelease custody and require the committed person to
21serve the remainder of the term of imprisonment to which the
22committed person was sentenced, or any portion thereof, in a
23correctional institution or facility.
24    (e) The Director of Corrections, in consultation with the
25Director of Court Services, shall issue guidelines, for use by
26the Department of Corrections in determining:

 

 

HB4797- 110 -LRB101 19413 RLC 68885 b

1        (1) the appropriate type of prerelease custody and
2    level of supervision for a committed person placed on
3    prerelease custody under this Section; and
4        (2) consequences for a violation of a condition of the
5    prerelease custody by the committed person, including a
6    return to the correctional institution or facility and a
7    reassessment of evidence-based recidivism risk level under
8    the system.
9    (f) The Director of Corrections shall, to the greatest
10extent practicable, enter into agreements with the Division of
11Probation Services to supervise committed persons placed in
12home confinement or community supervision under this Section.
13The agreements shall:
14        (1) authorize county probation departments to exercise
15    the authority granted to the Director under subsections (c)
16    and (d); and
17        (2) take into account the resource requirements of
18    county probation departments as a result of the transfer of
19    Department of Corrections committed persons to prerelease
20    custody.
21    (g) The Department of Corrections shall, to the greatest
22extent practicable, offer assistance to any committed person
23not under its supervision during prerelease custody under this
24Section.
25    (h) Any prerelease custody into which a committed person is
26placed under this Section may not include a condition

 

 

HB4797- 111 -LRB101 19413 RLC 68885 b

1prohibiting the committed person from receiving mentoring
2services from a person who provided those services to the
3committed person while the committed person was incarcerated,
4except that the chief administrative officer of the facility at
5which the committed person was incarcerated may waive the
6requirement under this paragraph if the chief administrative
7officer finds that the provision of such services would pose a
8significant security risk to the committed person, persons who
9provide such services, or any other person. The chief
10administrative officer shall provide written notice of any such
11waiver to the person providing mentoring services and to the
12committed person.
 
13    Section 25. The County Jail Act is amended by changing
14Section 17.5 as follows:
 
15    (730 ILCS 125/17.5)
16    Sec. 17.5. Pregnant female prisoners and new mothers.
17Notwithstanding any other statute, directive, or
18administrative regulation, when a pregnant female prisoner is
19brought to a hospital from a county jail for the purpose of
20delivering her baby, no handcuffs, shackles, or restraints of
21any kind may be used during her transport to a medical facility
22for the purpose of delivering her baby and for at least 3
23months after delivery. Under no circumstances may leg irons or
24shackles or waist shackles be used on any pregnant female

 

 

HB4797- 112 -LRB101 19413 RLC 68885 b

1prisoner who is in labor. In addition, restraint of a pregnant
2female prisoner in the custody of the Cook County shall comply
3with Section 3-15003.6 of the Counties Code. Upon the pregnant
4female prisoner's entry to the hospital delivery room, 2 county
5correctional officers must be posted immediately outside the
6delivery room. The Sheriff must provide for adequate personnel
7to monitor the pregnant female prisoner during her transport to
8and from the hospital and during her stay at the hospital.
9(Source: P.A. 100-1051, eff. 1-1-19.)

 

 

HB4797- 113 -LRB101 19413 RLC 68885 b

1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 335/4from Ch. 124, par. 24
4    720 ILCS 5/16-1from Ch. 38, par. 16-1
5    720 ILCS 5/16-25
6    725 ILCS 5/116-2.2 new
7    730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2
8    730 ILCS 5/3-2-2.5 new
9    730 ILCS 5/3-2-2.6 new
10    730 ILCS 5/3-2-2.7 new
11    730 ILCS 5/3-2-2.8 new
12    730 ILCS 5/3-4-3from Ch. 38, par. 1003-4-3
13    730 ILCS 5/3-6-1from Ch. 38, par. 1003-6-1
14    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
15    730 ILCS 5/3-6-7
16    730 ILCS 5/3-7-2from Ch. 38, par. 1003-7-2
17    730 ILCS 5/3-7-2afrom Ch. 38, par. 1003-7-2a
18    730 ILCS 5/3-8-4from Ch. 38, par. 1003-8-4
19    730 ILCS 5/3-14-1.1 new
20    730 ILCS 5/3-14-4from Ch. 38, par. 1003-14-4
21    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
22    730 ILCS 5/Art. 5-8B
23    heading new
24    730 ILCS 5/5-8B-1 new
25    730 ILCS 5/5-8B-5 new

 

 

HB4797- 114 -LRB101 19413 RLC 68885 b

1    730 ILCS 125/17.5