101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5227

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4-1  from Ch. 38, par. 1005-4-1
730 ILCS 5/5-8-6  from Ch. 38, par. 1005-8-6

    Amends the Unified Code of Corrections. Provides that in imposing a sentence for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court shall determine and indicate in the sentencing order whether the defendant has 4 or more or fewer than 4 months remaining on his or her sentence accounting for time served. Provides that an offender sentenced to a term of imprisonment for a Class 3 or 4 felony, other than a violent crime as defined in the Rights of Crime Victims and Witnesses Act, in which the sentencing order indicates that the offender has less than 4 months remaining on his or her sentence accounting for time served may not be confined in the penitentiary system of the Department of Corrections but may be assigned to electronic home detention, an adult transition center, or another facility or program within the Department of Corrections. Effective January 1, 2021.


LRB101 18826 RLC 68283 b

 

 

A BILL FOR

 

HB5227LRB101 18826 RLC 68283 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 5. The Unified Code of Corrections is amended by
5changing Sections 5-4-1 and 5-8-6 as follows:
 
6    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
7    Sec. 5-4-1. Sentencing hearing.
8    (a) Except when the death penalty is sought under hearing
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence. However,
11prior to the imposition of sentence on an individual being
12sentenced for an offense based upon a charge for a violation of
13Section 11-501 of the Illinois Vehicle Code or a similar
14provision of a local ordinance, the individual must undergo a
15professional evaluation to determine if an alcohol or other
16drug abuse problem exists and the extent of such a problem.
17Programs conducting these evaluations shall be licensed by the
18Department of Human Services. However, if the individual is not
19a resident of Illinois, the court may, in its discretion,
20accept an evaluation from a program in the state of such
21individual's residence. The court shall make a specific finding
22about whether the defendant is eligible for participation in a
23Department impact incarceration program as provided in Section

 

 

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15-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
2why a sentence to impact incarceration is not an appropriate
3sentence. The court may in its sentencing order recommend a
4defendant for placement in a Department of Corrections
5substance abuse treatment program as provided in paragraph (a)
6of subsection (1) of Section 3-2-2 conditioned upon the
7defendant being accepted in a program by the Department of
8Corrections. At the hearing the court shall:
9        (1) consider the evidence, if any, received upon the
10    trial;
11        (2) consider any presentence reports;
12        (3) consider the financial impact of incarceration
13    based on the financial impact statement filed with the
14    clerk of the court by the Department of Corrections;
15        (4) consider evidence and information offered by the
16    parties in aggravation and mitigation;
17        (4.5) consider substance abuse treatment, eligibility
18    screening, and an assessment, if any, of the defendant by
19    an agent designated by the State of Illinois to provide
20    assessment services for the Illinois courts;
21        (5) hear arguments as to sentencing alternatives;
22        (6) afford the defendant the opportunity to make a
23    statement in his own behalf;
24        (7) afford the victim of a violent crime or a violation
25    of Section 11-501 of the Illinois Vehicle Code, or a
26    similar provision of a local ordinance, the opportunity to

 

 

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1    present an oral or written statement, as guaranteed by
2    Article I, Section 8.1 of the Illinois Constitution and
3    provided in Section 6 of the Rights of Crime Victims and
4    Witnesses Act. The court shall allow a victim to make an
5    oral statement if the victim is present in the courtroom
6    and requests to make an oral or written statement. An oral
7    or written statement includes the victim or a
8    representative of the victim reading the written
9    statement. The court may allow persons impacted by the
10    crime who are not victims under subsection (a) of Section 3
11    of the Rights of Crime Victims and Witnesses Act to present
12    an oral or written statement. A victim and any person
13    making an oral statement shall not be put under oath or
14    subject to cross-examination. All statements offered under
15    this paragraph (7) shall become part of the record of the
16    court. In this paragraph (7), "victim of a violent crime"
17    means a person who is a victim of a violent crime for which
18    the defendant has been convicted after a bench or jury
19    trial or a person who is the victim of a violent crime with
20    which the defendant was charged and the defendant has been
21    convicted under a plea agreement of a crime that is not a
22    violent crime as defined in subsection (c) of 3 of the
23    Rights of Crime Victims and Witnesses Act;
24        (7.5) afford a qualified person affected by: (i) a
25    violation of Section 405, 405.1, 405.2, or 407 of the
26    Illinois Controlled Substances Act or a violation of

 

 

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1    Section 55 or Section 65 of the Methamphetamine Control and
2    Community Protection Act; or (ii) a Class 4 felony
3    violation of Section 11-14, 11-14.3 except as described in
4    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
5    11-18.1, or 11-19 of the Criminal Code of 1961 or the
6    Criminal Code of 2012, committed by the defendant the
7    opportunity to make a statement concerning the impact on
8    the qualified person and to offer evidence in aggravation
9    or mitigation; provided that the statement and evidence
10    offered in aggravation or mitigation shall first be
11    prepared in writing in conjunction with the State's
12    Attorney before it may be presented orally at the hearing.
13    Sworn testimony offered by the qualified person is subject
14    to the defendant's right to cross-examine. All statements
15    and evidence offered under this paragraph (7.5) shall
16    become part of the record of the court. In this paragraph
17    (7.5), "qualified person" means any person who: (i) lived
18    or worked within the territorial jurisdiction where the
19    offense took place when the offense took place; or (ii) is
20    familiar with various public places within the territorial
21    jurisdiction where the offense took place when the offense
22    took place. "Qualified person" includes any peace officer
23    or any member of any duly organized State, county, or
24    municipal peace officer unit assigned to the territorial
25    jurisdiction where the offense took place when the offense
26    took place;

 

 

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1        (8) in cases of reckless homicide afford the victim's
2    spouse, guardians, parents or other immediate family
3    members an opportunity to make oral statements;
4        (9) in cases involving a felony sex offense as defined
5    under the Sex Offender Management Board Act, consider the
6    results of the sex offender evaluation conducted pursuant
7    to Section 5-3-2 of this Act; and
8        (10) make a finding of whether a motor vehicle was used
9    in the commission of the offense for which the defendant is
10    being sentenced.
11    (b) All sentences shall be imposed by the judge based upon
12his independent assessment of the elements specified above and
13any agreement as to sentence reached by the parties. The judge
14who presided at the trial or the judge who accepted the plea of
15guilty shall impose the sentence unless he is no longer sitting
16as a judge in that court. Where the judge does not impose
17sentence at the same time on all defendants who are convicted
18as a result of being involved in the same offense, the
19defendant or the State's Attorney may advise the sentencing
20court of the disposition of any other defendants who have been
21sentenced.
22    (b-1) In imposing a sentence of imprisonment or periodic
23imprisonment for a Class 3 or Class 4 felony for which a
24sentence of probation or conditional discharge is an available
25sentence, if the defendant has no prior sentence of probation
26or conditional discharge and no prior conviction for a violent

 

 

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1crime, the defendant shall not be sentenced to imprisonment
2before review and consideration of a presentence report and
3determination and explanation of why the particular evidence,
4information, factor in aggravation, factual finding, or other
5reasons support a sentencing determination that one or more of
6the factors under subsection (a) of Section 5-6-1 of this Code
7apply and that probation or conditional discharge is not an
8appropriate sentence.
9    (c) In imposing a sentence for a violent crime or for an
10offense of operating or being in physical control of a vehicle
11while under the influence of alcohol, any other drug or any
12combination thereof, or a similar provision of a local
13ordinance, when such offense resulted in the personal injury to
14someone other than the defendant, the trial judge shall specify
15on the record the particular evidence, information, factors in
16mitigation and aggravation or other reasons that led to his
17sentencing determination. The full verbatim record of the
18sentencing hearing shall be filed with the clerk of the court
19and shall be a public record.
20    (c-1) In imposing a sentence for the offense of aggravated
21kidnapping for ransom, home invasion, armed robbery,
22aggravated vehicular hijacking, aggravated discharge of a
23firearm, or armed violence with a category I weapon or category
24II weapon, the trial judge shall make a finding as to whether
25the conduct leading to conviction for the offense resulted in
26great bodily harm to a victim, and shall enter that finding and

 

 

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1the basis for that finding in the record.
2    (c-2) If the defendant is sentenced to prison, other than
3when a sentence of natural life imprisonment or a sentence of
4death is imposed, at the time the sentence is imposed the judge
5shall state on the record in open court the approximate period
6of time the defendant will serve in custody according to the
7then current statutory rules and regulations for sentence
8credit found in Section 3-6-3 and other related provisions of
9this Code. This statement is intended solely to inform the
10public, has no legal effect on the defendant's actual release,
11and may not be relied on by the defendant on appeal.
12    The judge's statement, to be given after pronouncing the
13sentence, other than when the sentence is imposed for one of
14the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
15shall 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, assuming the defendant receives all of his or her
23sentence credit, the period of estimated actual custody is ...
24years and ... months, less up to 180 days additional earned
25sentence credit. If the defendant, because of his or her own
26misconduct or failure to comply with the institutional

 

 

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1regulations, does not receive those credits, the actual time
2served in prison will be longer. The defendant may also receive
3an additional one-half day sentence credit for each day of
4participation in vocational, industry, substance abuse, and
5educational programs as provided for by Illinois statute."
6    When the sentence is imposed for one of the offenses
7enumerated in paragraph (a)(2) of Section 3-6-3, other than
8first degree murder, and the offense was committed on or after
9June 19, 1998, and when the sentence is imposed for reckless
10homicide as defined in subsection (e) of Section 9-3 of the
11Criminal Code of 1961 or the Criminal Code of 2012 if the
12offense was committed on or after January 1, 1999, and when the
13sentence is imposed for aggravated driving under the influence
14of alcohol, other drug or drugs, or intoxicating compound or
15compounds, or any combination thereof as defined in
16subparagraph (F) of paragraph (1) of subsection (d) of Section
1711-501 of the Illinois Vehicle Code, and when the sentence is
18imposed for aggravated arson if the offense was committed on or
19after July 27, 2001 (the effective date of Public Act 92-176),
20and when the sentence is imposed for aggravated driving under
21the influence of alcohol, other drug or drugs, or intoxicating
22compound or compounds, or any combination thereof as defined in
23subparagraph (C) of paragraph (1) of subsection (d) of Section
2411-501 of the Illinois Vehicle Code committed on or after
25January 1, 2011 (the effective date of Public Act 96-1230), the
26judge's statement, to be given after pronouncing the sentence,

 

 

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1shall include the following:
2    "The purpose of this statement is to inform the public of
3the actual period of time this defendant is likely to spend in
4prison as a result of this sentence. The actual period of
5prison time served is determined by the statutes of Illinois as
6applied to this sentence by the Illinois Department of
7Corrections and the Illinois Prisoner Review Board. In this
8case, the defendant is entitled to no more than 4 1/2 days of
9sentence credit for each month of his or her sentence of
10imprisonment. Therefore, this defendant will serve at least 85%
11of his or her sentence. Assuming the defendant receives 4 1/2
12days credit for each month of his or her sentence, the period
13of estimated actual custody is ... years and ... months. If the
14defendant, because of his or her own misconduct or failure to
15comply with the institutional regulations receives lesser
16credit, the actual time served in prison will be longer."
17    When a sentence of imprisonment is imposed for first degree
18murder and the offense was committed on or after June 19, 1998,
19the judge's statement, to be given after pronouncing the
20sentence, shall include the following:
21    "The purpose of this statement is to inform the public of
22the actual period of time this defendant is likely to spend in
23prison as a result of this sentence. The actual period of
24prison time served is determined by the statutes of Illinois as
25applied to this sentence by the Illinois Department of
26Corrections and the Illinois Prisoner Review Board. In this

 

 

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1case, the defendant is not entitled to sentence credit.
2Therefore, this defendant will serve 100% of his or her
3sentence."
4    When the sentencing order recommends placement in a
5substance abuse program for any offense that results in
6incarceration in a Department of Corrections facility and the
7crime was committed on or after September 1, 2003 (the
8effective date of Public Act 93-354), the judge's statement, in
9addition to any other judge's statement required under this
10Section, to be given after pronouncing the sentence, shall
11include the following:
12    "The purpose of this statement is to inform the public of
13the actual period of time this defendant is likely to spend in
14prison as a result of this sentence. The actual period of
15prison time served is determined by the statutes of Illinois as
16applied to this sentence by the Illinois Department of
17Corrections and the Illinois Prisoner Review Board. In this
18case, the defendant shall receive no earned sentence credit
19under clause (3) of subsection (a) of Section 3-6-3 until he or
20she participates in and completes a substance abuse treatment
21program or receives a waiver from the Director of Corrections
22pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
23    (c-4) Before the sentencing hearing and as part of the
24presentence investigation under Section 5-3-1, the court shall
25inquire of the defendant whether the defendant is currently
26serving in or is a veteran of the Armed Forces of the United

 

 

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

 

 

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1    (c-7) In imposing a sentence for a Class 3 or 4 felony,
2other than a violent crime as defined in Section 3 of the
3Rights of Crime Victims and Witnesses Act, the court shall
4determine and indicate in the sentencing order whether the
5defendant has 4 or more or fewer than 4 months remaining on his
6or her sentence accounting for time served.
7    (d) When the defendant is committed to the Department of
8Corrections, the State's Attorney shall and counsel for the
9defendant may file a statement with the clerk of the court to
10be transmitted to the department, agency or institution to
11which the defendant is committed to furnish such department,
12agency or institution with the facts and circumstances of the
13offense for which the person was committed together with all
14other factual information accessible to them in regard to the
15person prior to his commitment relative to his habits,
16associates, disposition and reputation and any other facts and
17circumstances which may aid such department, agency or
18institution during its custody of such person. The clerk shall
19within 10 days after receiving any such statements transmit a
20copy to such department, agency or institution and a copy to
21the other party, provided, however, that this shall not be
22cause for delay in conveying the person to the department,
23agency or institution to which he has been committed.
24    (e) The clerk of the court shall transmit to the
25department, agency or institution, if any, to which the
26defendant is committed, the following:

 

 

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1        (1) the sentence imposed;
2        (2) any statement by the court of the basis for
3    imposing the sentence;
4        (3) any presentence reports;
5        (3.5) any sex offender evaluations;
6        (3.6) any substance abuse treatment eligibility
7    screening and assessment of the defendant by an agent
8    designated by the State of Illinois to provide assessment
9    services for the Illinois courts;
10        (4) the number of days, if any, which the defendant has
11    been in custody and for which he is entitled to credit
12    against the sentence, which information shall be provided
13    to the clerk by the sheriff;
14        (4.1) any finding of great bodily harm made by the
15    court with respect to an offense enumerated in subsection
16    (c-1);
17        (5) all statements filed under subsection (d) of this
18    Section;
19        (6) any medical or mental health records or summaries
20    of the defendant;
21        (7) the municipality where the arrest of the offender
22    or the commission of the offense has occurred, where such
23    municipality has a population of more than 25,000 persons;
24        (8) all statements made and evidence offered under
25    paragraph (7) of subsection (a) of this Section; and
26        (9) all additional matters which the court directs the

 

 

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1    clerk to transmit.
2    (f) In cases in which the court finds that a motor vehicle
3was used in the commission of the offense for which the
4defendant is being sentenced, the clerk of the court shall,
5within 5 days thereafter, forward a report of such conviction
6to the Secretary of State.
7(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
8101-105, eff. 1-1-20.)
 
9    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
10    Sec. 5-8-6. Place of confinement.
11    (a) Except as otherwise provided in this subsection (a),
12offenders Offenders sentenced to a term of imprisonment for a
13felony shall be committed to the penitentiary system of the
14Department of Corrections. However, such sentence shall not
15limit the powers of the Department of Children and Family
16Services in relation to any child under the age of one year in
17the sole custody of a person so sentenced, nor in relation to
18any child delivered by a female so sentenced while she is so
19confined as a consequence of such sentence. Except as otherwise
20provided in this subsection (a), a A person sentenced for a
21felony may be assigned by the Department of Corrections to any
22of its institutions, facilities or programs. An offender
23sentenced to a term of imprisonment for a Class 3 or 4 felony,
24other than a violent crime as defined in Section 3 of the
25Rights of Crime Victims and Witnesses Act, in which the

 

 

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1sentencing order indicates that the offender has less than 4
2months remaining on his or her sentence accounting for time
3served may not be confined in the penitentiary system of the
4Department of Corrections but may be assigned to electronic
5home detention under Article 8A of this Chapter V, an adult
6transition center, or another facility or program within the
7Department of Corrections.
8    (b) Offenders sentenced to a term of imprisonment for less
9than one year shall be committed to the custody of the sheriff.
10A person committed to the Department of Corrections, prior to
11July 14, 1983, for less than one year may be assigned by the
12Department to any of its institutions, facilities or programs.
13    (c) All offenders under 18 years of age when sentenced to
14imprisonment shall be committed to the Department of Juvenile
15Justice and the court in its order of commitment shall set a
16definite term. The provisions of Section 3-3-3 shall be a part
17of such commitment as fully as though written in the order of
18commitment. The place of confinement for sentences imposed
19before the effective date of this amendatory Act of the 99th
20General Assembly are not affected or abated by this amendatory
21Act of the 99th General Assembly.
22    (d) No defendant shall be committed to the Department of
23Corrections for the recovery of a fine or costs.
24    (e) When a court sentences a defendant to a term of
25imprisonment concurrent with a previous and unexpired sentence
26of imprisonment imposed by any district court of the United

 

 

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1States, it may commit the offender to the custody of the
2Attorney General of the United States. The Attorney General of
3the United States, or the authorized representative of the
4Attorney General of the United States, shall be furnished with
5the warrant of commitment from the court imposing sentence,
6which warrant of commitment shall provide that, when the
7offender is released from federal confinement, whether by
8parole or by termination of sentence, the offender shall be
9transferred by the Sheriff of the committing county to the
10Department of Corrections. The court shall cause the Department
11to be notified of such sentence at the time of commitment and
12to be provided with copies of all records regarding the
13sentence.
14(Source: P.A. 99-628, eff. 1-1-17.)
 
15    Section 99. Effective date. This Act takes effect January
161, 2021.