101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1968

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

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, 2020.


LRB101 08002 SLF 53060 b

 

 

A BILL FOR

 

SB1968LRB101 08002 SLF 53060 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 may in its sentencing order
22approve an eligible defendant for placement in a Department of
23Corrections impact incarceration program as provided in

 

 

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1Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
2order recommend a defendant for placement in a Department of
3Corrections substance abuse treatment program as provided in
4paragraph (a) of subsection (1) of Section 3-2-2 conditioned
5upon the defendant being accepted in a program by the
6Department of Corrections. At the hearing the court shall:
7        (1) consider the evidence, if any, received upon the
8    trial;
9        (2) consider any presentence reports;
10        (3) consider the financial impact of incarceration
11    based on the financial impact statement filed with the
12    clerk of the court by the Department of Corrections;
13        (4) consider evidence and information offered by the
14    parties in aggravation and mitigation;
15        (4.5) consider substance abuse treatment, eligibility
16    screening, and an assessment, if any, of the defendant by
17    an agent designated by the State of Illinois to provide
18    assessment services for the Illinois courts;
19        (5) hear arguments as to sentencing alternatives;
20        (6) afford the defendant the opportunity to make a
21    statement in his own behalf;
22        (7) afford the victim of a violent crime or a violation
23    of Section 11-501 of the Illinois Vehicle Code, or a
24    similar provision of a local ordinance, the opportunity to
25    present an oral or written statement, as guaranteed by
26    Article I, Section 8.1 of the Illinois Constitution and

 

 

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1    provided in Section 6 of the Rights of Crime Victims and
2    Witnesses Act. The court shall allow a victim to make an
3    oral statement if the victim is present in the courtroom
4    and requests to make an oral or written statement. An oral
5    or written statement includes the victim or a
6    representative of the victim reading the written
7    statement. The court may allow persons impacted by the
8    crime who are not victims under subsection (a) of Section 3
9    of the Rights of Crime Victims and Witnesses Act to present
10    an oral or written statement. A victim and any person
11    making an oral statement shall not be put under oath or
12    subject to cross-examination. All statements offered under
13    this paragraph (7) shall become part of the record of the
14    court. In this paragraph (7), "victim of a violent crime"
15    means a person who is a victim of a violent crime for which
16    the defendant has been convicted after a bench or jury
17    trial or a person who is the victim of a violent crime with
18    which the defendant was charged and the defendant has been
19    convicted under a plea agreement of a crime that is not a
20    violent crime as defined in subsection (c) of 3 of the
21    Rights of Crime Victims and Witnesses Act;
22        (7.5) afford a qualified person affected by: (i) a
23    violation of Section 405, 405.1, 405.2, or 407 of the
24    Illinois Controlled Substances Act or a violation of
25    Section 55 or Section 65 of the Methamphetamine Control and
26    Community Protection Act; or (ii) a Class 4 felony

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1an additional one-half day sentence credit for each day of
2participation in vocational, industry, substance abuse, and
3educational programs as provided for by Illinois statute."
4    When the sentence is imposed for one of the offenses
5enumerated in paragraph (a)(2) of Section 3-6-3, other than
6first degree murder, and the offense was committed on or after
7June 19, 1998, and when the sentence is imposed for reckless
8homicide as defined in subsection (e) of Section 9-3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 if the
10offense was committed on or after January 1, 1999, and when the
11sentence is imposed for aggravated driving under the influence
12of alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof as defined in
14subparagraph (F) of paragraph (1) of subsection (d) of Section
1511-501 of the Illinois Vehicle Code, and when the sentence is
16imposed for aggravated arson if the offense was committed on or
17after July 27, 2001 (the effective date of Public Act 92-176),
18and when the sentence is imposed for aggravated driving under
19the influence of alcohol, other drug or drugs, or intoxicating
20compound or compounds, or any combination thereof as defined in
21subparagraph (C) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code committed on or after
23January 1, 2011 (the effective date of Public Act 96-1230), the
24judge's statement, to be given after pronouncing the sentence,
25shall include the following:
26    "The purpose of this statement is to inform the public of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1was used in the commission of the offense for which the
2defendant is being sentenced, the clerk of the court shall,
3within 5 days thereafter, forward a report of such conviction
4to the Secretary of State.
5(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
6100-961, eff. 1-1-19; revised 10-3-18.)
 
7    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
8    Sec. 5-8-6. Place of confinement.
9    (a) Except as otherwise provided in this subsection (a),
10offenders Offenders sentenced to a term of imprisonment for a
11felony shall be committed to the penitentiary system of the
12Department of Corrections. However, such sentence shall not
13limit the powers of the Department of Children and Family
14Services in relation to any child under the age of one year in
15the sole custody of a person so sentenced, nor in relation to
16any child delivered by a female so sentenced while she is so
17confined as a consequence of such sentence. Except as otherwise
18provided in this subsection (a), a A person sentenced for a
19felony may be assigned by the Department of Corrections to any
20of its institutions, facilities or programs. An offender
21sentenced to a term of imprisonment for a Class 3 or 4 felony,
22other than a violent crime as defined in Section 3 of the
23Rights of Crime Victims and Witnesses Act, in which the
24sentencing order indicates that the offender has less than 4
25months remaining on his or her sentence accounting for time

 

 

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

 

 

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1the United States, or the authorized representative of the
2Attorney General of the United States, shall be furnished with
3the warrant of commitment from the court imposing sentence,
4which warrant of commitment shall provide that, when the
5offender is released from federal confinement, whether by
6parole or by termination of sentence, the offender shall be
7transferred by the Sheriff of the committing county to the
8Department of Corrections. The court shall cause the Department
9to be notified of such sentence at the time of commitment and
10to be provided with copies of all records regarding the
11sentence.
12(Source: P.A. 99-628, eff. 1-1-17.)
 
13    Section 99. Effective date. This Act takes effect January
141, 2020.