101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3551

 

Introduced 2/14/2020, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, unlawful possession of a firearm by a street gang member, vehicular hijacking, and aggravated vehicular hijacking. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a prisoner serving a sentence for aggravated unlawful use of a weapon, except for a first offense or a first offense in which the offender is at least 18 years of age and illegally carries or possesses a firearm without being issued a currently valid Firearm Owner's Identification Card, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or possession of weapons by felons, or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction, or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.


LRB101 19869 RLC 69389 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3551LRB101 19869 RLC 69389 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 Criminal Code of 2012 is amended by changing
5Sections 18-3, 18-4, 24-1.1, 24-1.6, and 24-1.8 as follows:
 
6    (720 ILCS 5/18-3)
7    Sec. 18-3. Vehicular hijacking.
8    (a) A person commits vehicular hijacking when he or she
9knowingly takes a motor vehicle from the person or the
10immediate presence of another by the use of force or by
11threatening the imminent use of force.
12    (b) Sentence. Vehicular hijacking is a Class 1 felony for
13which a term of imprisonment of not less than 5 years shall be
14imposed.
15(Source: P.A. 97-1108, eff. 1-1-13.)
 
16    (720 ILCS 5/18-4)
17    Sec. 18-4. Aggravated vehicular hijacking.
18    (a) A person commits aggravated vehicular hijacking when he
19or she violates Section 18-3; and
20        (1) the person from whose immediate presence the motor
21    vehicle is taken is a person with a physical disability or
22    a person 60 years of age or over; or

 

 

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1        (2) a person under 16 years of age is a passenger in
2    the motor vehicle at the time of the offense; or
3        (3) he or she carries on or about his or her person, or
4    is otherwise armed with a dangerous weapon, other than a
5    firearm; or
6        (4) he or she carries on or about his or her person or
7    is otherwise armed with a firearm; or
8        (5) he or she, during the commission of the offense,
9    personally discharges a firearm; or
10        (6) he or she, during the commission of the offense,
11    personally discharges a firearm that proximately causes
12    great bodily harm, permanent disability, permanent
13    disfigurement, or death to another person.
14    (b) Sentence. Aggravated vehicular hijacking in violation
15of subsections (a)(1) or (a)(2) is a Class X felony for which a
16term of imprisonment of not less than 7 years shall be imposed.
17A violation of subsection (a)(3) is a Class X felony for which
18a term of imprisonment of not less than 10 7 years shall be
19imposed. A violation of subsection (a)(4) is a Class X felony
20for which 20 15 years shall be added to the term of
21imprisonment imposed by the court. A violation of subsection
22(a)(5) is a Class X felony for which 25 20 years shall be added
23to the term of imprisonment imposed by the court. A violation
24of subsection (a)(6) is a Class X felony for which 30 25 years
25or up to a term of natural life shall be added to the term of
26imprisonment imposed by the court.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
3    Sec. 24-1.1. Unlawful use or possession of weapons by
4felons or persons in the custody of the Department of
5Corrections facilities.
6    (a) It is unlawful for a person to knowingly possess on or
7about his person or on his land or in his own abode or fixed
8place of business any weapon prohibited under Section 24-1 of
9this Act or any firearm or any firearm ammunition if the person
10has been convicted of a felony under the laws of this State or
11any other jurisdiction. This Section shall not apply if the
12person has been granted relief by the Director of the
13Department of State Police under Section 10 of the Firearm
14Owners Identification Card Act.
15    (b) It is unlawful for any person confined in a penal
16institution, which is a facility of the Illinois Department of
17Corrections, to possess any weapon prohibited under Section
1824-1 of this Code or any firearm or firearm ammunition,
19regardless of the intent with which he possesses it.
20    (c) It shall be an affirmative defense to a violation of
21subsection (b), that such possession was specifically
22authorized by rule, regulation, or directive of the Illinois
23Department of Corrections or order issued pursuant thereto.
24    (d) The defense of necessity is not available to a person
25who is charged with a violation of subsection (b) of this

 

 

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1Section.
2    (e) Sentence. Violation of this Section by a person not
3confined in a penal institution shall be a Class 3 felony for
4which the person shall be sentenced to no less than 3 2 years
5and no more than 10 years. A second or subsequent violation of
6this Section shall be a Class 2 felony for which the person
7shall be sentenced to a term of imprisonment of not less than 4
83 years and not more than 14 years, except as provided for in
9Section 5-4.5-110 of the Unified Code of Corrections. Violation
10of this Section by a person not confined in a penal institution
11who has been convicted of a forcible felony, a felony violation
12of Article 24 of this Code or of the Firearm Owners
13Identification Card Act, stalking or aggravated stalking, or a
14Class 2 or greater felony under the Illinois Controlled
15Substances Act, the Cannabis Control Act, or the
16Methamphetamine Control and Community Protection Act is a Class
172 felony for which the person shall be sentenced to not less
18than 4 3 years and not more than 14 years, except as provided
19for in Section 5-4.5-110 of the Unified Code of Corrections.
20Violation of this Section by a person who is on parole or
21mandatory supervised release is a Class 2 felony for which the
22person shall be sentenced to not less than 4 3 years and not
23more than 14 years, except as provided for in Section 5-4.5-110
24of the Unified Code of Corrections. Violation of this Section
25by a person not confined in a penal institution is a Class X
26felony when the firearm possessed is a machine gun. Any person

 

 

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1who violates this Section while confined in a penal
2institution, which is a facility of the Illinois Department of
3Corrections, is guilty of a Class 1 felony, if he possesses any
4weapon prohibited under Section 24-1 of this Code regardless of
5the intent with which he possesses it, a Class X felony if he
6possesses any firearm, firearm ammunition or explosive, and a
7Class X felony for which the offender shall be sentenced to not
8less than 12 years and not more than 50 years when the firearm
9possessed is a machine gun. A violation of this Section while
10wearing or in possession of body armor as defined in Section
1133F-1 is a Class X felony punishable by a term of imprisonment
12of not less than 10 years and not more than 40 years. The
13possession of each firearm or firearm ammunition in violation
14of this Section constitutes a single and separate violation. A
15sentence of county impact incarceration under Section 5-8-1.2
16of the Unified Code of Corrections is not authorized for a
17violation of this Section.
18(Source: P.A. 100-3, eff. 1-1-18.)
 
19    (720 ILCS 5/24-1.6)
20    Sec. 24-1.6. Aggravated unlawful use of a weapon.
21    (a) A person commits the offense of aggravated unlawful use
22of a weapon when he or she knowingly:
23        (1) Carries on or about his or her person or in any
24    vehicle or concealed on or about his or her person except
25    when on his or her land or in his or her abode, legal

 

 

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1    dwelling, or fixed place of business, or on the land or in
2    the legal dwelling of another person as an invitee with
3    that person's permission, any pistol, revolver, stun gun or
4    taser or other firearm; or
5        (2) Carries or possesses on or about his or her person,
6    upon any public street, alley, or other public lands within
7    the corporate limits of a city, village or incorporated
8    town, except when an invitee thereon or therein, for the
9    purpose of the display of such weapon or the lawful
10    commerce in weapons, or except when on his or her own land
11    or in his or her own abode, legal dwelling, or fixed place
12    of business, or on the land or in the legal dwelling of
13    another person as an invitee with that person's permission,
14    any pistol, revolver, stun gun or taser or other firearm;
15    and
16        (3) One of the following factors is present:
17            (A) the firearm, other than a pistol, revolver, or
18        handgun, possessed was uncased, loaded, and
19        immediately accessible at the time of the offense; or
20            (A-5) the pistol, revolver, or handgun possessed
21        was uncased, loaded, and immediately accessible at the
22        time of the offense and the person possessing the
23        pistol, revolver, or handgun has not been issued a
24        currently valid license under the Firearm Concealed
25        Carry Act; or
26            (B) the firearm, other than a pistol, revolver, or

 

 

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1        handgun, possessed was uncased, unloaded, and the
2        ammunition for the weapon was immediately accessible
3        at the time of the offense; or
4            (B-5) the pistol, revolver, or handgun possessed
5        was uncased, unloaded, and the ammunition for the
6        weapon was immediately accessible at the time of the
7        offense and the person possessing the pistol,
8        revolver, or handgun has not been issued a currently
9        valid license under the Firearm Concealed Carry Act; or
10            (C) the person possessing the firearm has not been
11        issued a currently valid Firearm Owner's
12        Identification Card; or
13            (D) the person possessing the weapon was
14        previously adjudicated a delinquent minor under the
15        Juvenile Court Act of 1987 for an act that if committed
16        by an adult would be a felony; or
17            (E) the person possessing the weapon was engaged in
18        a misdemeanor violation of the Cannabis Control Act, in
19        a misdemeanor violation of the Illinois Controlled
20        Substances Act, or in a misdemeanor violation of the
21        Methamphetamine Control and Community Protection Act;
22        or
23            (F) (blank); or
24            (G) the person possessing the weapon had an order
25        of protection issued against him or her within the
26        previous 2 years; or

 

 

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1            (H) the person possessing the weapon was engaged in
2        the commission or attempted commission of a
3        misdemeanor involving the use or threat of violence
4        against the person or property of another; or
5            (I) the person possessing the weapon was under 21
6        years of age and in possession of a handgun, unless the
7        person under 21 is engaged in lawful activities under
8        the Wildlife Code or described in subsection
9        24-2(b)(1), (b)(3), or 24-2(f).
10    (a-5) "Handgun" as used in this Section has the meaning
11given to it in Section 5 of the Firearm Concealed Carry Act.
12    (b) "Stun gun or taser" as used in this Section has the
13same definition given to it in Section 24-1 of this Code.
14    (c) This Section does not apply to or affect the
15transportation or possession of weapons that:
16        (i) are broken down in a non-functioning state; or
17        (ii) are not immediately accessible; or
18        (iii) are unloaded and enclosed in a case, firearm
19    carrying box, shipping box, or other container by a person
20    who has been issued a currently valid Firearm Owner's
21    Identification Card.
22    (d) Sentence.
23        (1) Aggravated unlawful use of a weapon is a Class 4
24    felony; a second or subsequent offense is a Class 2 felony
25    for which the person shall be sentenced to a term of
26    imprisonment of not less than 4 3 years and not more than

 

 

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1    10 7 years, except as provided for in Section 5-4.5-110 of
2    the Unified Code of Corrections.
3        (2) Except as otherwise provided in paragraphs (3) and
4    (4) of this subsection (d), a first offense of aggravated
5    unlawful use of a weapon committed with a firearm by a
6    person 18 years of age or older where the factors listed in
7    both items (A) and (C) or both items (A-5) and (C) of
8    paragraph (3) of subsection (a) are present is a Class 4
9    felony, for which the person shall be sentenced to a term
10    of imprisonment of not less than one year and not more than
11    3 years.
12        (3) Aggravated unlawful use of a weapon by a person who
13    has been previously convicted of a felony in this State or
14    another jurisdiction is a Class 2 felony for which the
15    person shall be sentenced to a term of imprisonment of not
16    less than 4 3 years and not more than 10 7 years, except as
17    provided for in Section 5-4.5-110 of the Unified Code of
18    Corrections. A sentence of county impact incarceration
19    under Section 5-8-1.2 of the Unified Code of Corrections is
20    not authorized for a violation of this paragraph (3).
21        (4) Aggravated unlawful use of a weapon while wearing
22    or in possession of body armor as defined in Section 33F-1
23    by a person who has not been issued a valid Firearms
24    Owner's Identification Card in accordance with Section 5 of
25    the Firearm Owners Identification Card Act is a Class X
26    felony.

 

 

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1    (e) The possession of each firearm in violation of this
2Section constitutes a single and separate violation.
3(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
4    (720 ILCS 5/24-1.8)
5    Sec. 24-1.8. Unlawful possession of a firearm by a street
6gang member.
7    (a) A person commits unlawful possession of a firearm by a
8street gang member when he or she knowingly:
9        (1) possesses, carries, or conceals on or about his or
10    her person a firearm and firearm ammunition while on any
11    street, road, alley, gangway, sidewalk, or any other lands,
12    except when inside his or her own abode or inside his or
13    her fixed place of business, and has not been issued a
14    currently valid Firearm Owner's Identification Card and is
15    a member of a street gang; or
16        (2) possesses or carries in any vehicle a firearm and
17    firearm ammunition which are both immediately accessible
18    at the time of the offense while on any street, road,
19    alley, or any other lands, except when inside his or her
20    own abode or garage, and has not been issued a currently
21    valid Firearm Owner's Identification Card and is a member
22    of a street gang.
23    (b) Unlawful possession of a firearm by a street gang
24member is a Class 2 felony for which the person, if sentenced
25to a term of imprisonment, shall be sentenced to no less than 4

 

 

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13 years and no more than 10 years. A period of probation, a
2term of periodic imprisonment or conditional discharge shall
3not be imposed for the offense of unlawful possession of a
4firearm by a street gang member when the firearm was loaded or
5contained firearm ammunition and the court shall sentence the
6offender to not less than the minimum term of imprisonment
7authorized for the Class 2 felony. A sentence of county impact
8incarceration under Section 5-8-1.2 of the Unified Code of
9Corrections is not authorized for a violation of this Section.
10    (c) For purposes of this Section:
11        "Street gang" or "gang" has the meaning ascribed to it
12    in Section 10 of the Illinois Streetgang Terrorism Omnibus
13    Prevention Act.
14        "Street gang member" or "gang member" has the meaning
15    ascribed to it in Section 10 of the Illinois Streetgang
16    Terrorism Omnibus Prevention Act.
17(Source: P.A. 96-829, eff. 12-3-09.)
 
18    Section 10. The Unified Code of Corrections is amended by
19changing Sections 3-6-3, 5-5-3, and 5-8-1.2 as follows:
 
20    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
21    Sec. 3-6-3. Rules and regulations for sentence credit.
22    (a)(1) The Department of Corrections shall prescribe rules
23and regulations for awarding and revoking sentence credit for
24persons committed to the Department which shall be subject to

 

 

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1review by the Prisoner Review Board.
2    (1.5) As otherwise provided by law, sentence credit may be
3awarded for the following:
4        (A) successful completion of programming while in
5    custody of the Department or while in custody prior to
6    sentencing;
7        (B) compliance with the rules and regulations of the
8    Department; or
9        (C) service to the institution, service to a community,
10    or service to the State.
11    (2) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide, with respect to offenses listed in clause (i),
14(ii), or (iii) of this paragraph (2) committed on or after June
1519, 1998 or with respect to the offense listed in clause (iv)
16of this paragraph (2) committed on or after June 23, 2005 (the
17effective date of Public Act 94-71) or with respect to offense
18listed in clause (vi) committed on or after June 1, 2008 (the
19effective date of Public Act 95-625) or with respect to the
20offense of being an armed habitual criminal committed on or
21after August 2, 2005 (the effective date of Public Act 94-398)
22or with respect to the offenses listed in clause (v) of this
23paragraph (2) committed on or after August 13, 2007 (the
24effective date of Public Act 95-134) or with respect to the
25offense of aggravated domestic battery committed on or after
26July 23, 2010 (the effective date of Public Act 96-1224) or

 

 

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1with respect to the offense of attempt to commit terrorism
2committed on or after January 1, 2013 (the effective date of
3Public Act 97-990) or with respect to offenses listed in clause
4(viii) committed on or after the effective date of this
5amendatory Act of the 101st General Assembly, the following:
6        (i) that a prisoner who is serving a term of
7    imprisonment for first degree murder or for the offense of
8    terrorism shall receive no sentence credit and shall serve
9    the entire sentence imposed by the court;
10        (ii) that a prisoner serving a sentence for attempt to
11    commit terrorism, attempt to commit first degree murder,
12    solicitation of murder, solicitation of murder for hire,
13    intentional homicide of an unborn child, predatory
14    criminal sexual assault of a child, aggravated criminal
15    sexual assault, criminal sexual assault, aggravated
16    kidnapping, aggravated battery with a firearm as described
17    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
18    (e)(4) of Section 12-3.05, heinous battery as described in
19    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
20    being an armed habitual criminal, aggravated battery of a
21    senior citizen as described in Section 12-4.6 or
22    subdivision (a)(4) of Section 12-3.05, or aggravated
23    battery of a child as described in Section 12-4.3 or
24    subdivision (b)(1) of Section 12-3.05 shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment;

 

 

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

 

 

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1    conspiracy, street gang criminal drug conspiracy,
2    participation in methamphetamine manufacturing, aggravated
3    participation in methamphetamine manufacturing, delivery
4    of methamphetamine, possession with intent to deliver
5    methamphetamine, aggravated delivery of methamphetamine,
6    aggravated possession with intent to deliver
7    methamphetamine, methamphetamine conspiracy when the
8    substance containing the controlled substance or
9    methamphetamine is 100 grams or more shall receive no more
10    than 7.5 days sentence credit for each month of his or her
11    sentence of imprisonment;
12        (vi) that a prisoner serving a sentence for a second or
13    subsequent offense of luring a minor shall receive no more
14    than 4.5 days of sentence credit for each month of his or
15    her sentence of imprisonment; and
16        (vii) that a prisoner serving a sentence for aggravated
17    domestic battery shall receive no more than 4.5 days of
18    sentence credit for each month of his or her sentence of
19    imprisonment; and .
20        (viii) that a prisoner serving a sentence for a
21    violation of Section 24-1.1, 24-1.6, except for a sentence
22    for a first offense under paragraph (1) of subsection (d)
23    of Section 24-1.6 or a sentence under paragraph (2) of
24    subsection (d) of Section 24-1.6, or 24-1.8 of the Criminal
25    Code of 2012 shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

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1    imprisonment.
2    (2.1) For all offenses, other than those enumerated in
3subdivision (a)(2)(i), (ii), or (iii) committed on or after
4June 19, 1998 or subdivision (a)(2)(iv) committed on or after
5June 23, 2005 (the effective date of Public Act 94-71) or
6subdivision (a)(2)(v) committed on or after August 13, 2007
7(the effective date of Public Act 95-134) or subdivision
8(a)(2)(vi) committed on or after June 1, 2008 (the effective
9date of Public Act 95-625) or subdivision (a)(2)(vii) committed
10on or after July 23, 2010 (the effective date of Public Act
1196-1224), and other than the offense of aggravated driving
12under the influence of alcohol, other drug or drugs, or
13intoxicating compound or compounds, or any combination thereof
14as defined in subparagraph (F) of paragraph (1) of subsection
15(d) of Section 11-501 of the Illinois Vehicle Code, and other
16than the offense of aggravated driving under the influence of
17alcohol, other drug or drugs, or intoxicating compound or
18compounds, or any combination thereof as defined in
19subparagraph (C) of paragraph (1) of subsection (d) of Section
2011-501 of the Illinois Vehicle Code committed on or after
21January 1, 2011 (the effective date of Public Act 96-1230), the
22rules and regulations shall provide that a prisoner who is
23serving a term of imprisonment shall receive one day of
24sentence credit for each day of his or her sentence of
25imprisonment or recommitment under Section 3-3-9. Each day of
26sentence credit shall reduce by one day the prisoner's period

 

 

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1of imprisonment or recommitment under Section 3-3-9.
2    (2.2) A prisoner serving a term of natural life
3imprisonment or a prisoner who has been sentenced to death
4shall receive no sentence credit.
5    (2.3) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide that a prisoner who is serving a sentence for
8aggravated driving under the influence of alcohol, other drug
9or drugs, or intoxicating compound or compounds, or any
10combination thereof as defined in subparagraph (F) of paragraph
11(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
12Code, shall receive no more than 4.5 days of sentence credit
13for each month of his or her sentence of imprisonment.
14    (2.4) Except as provided in paragraph (4.7) of this
15subsection (a), the rules and regulations on sentence credit
16shall provide with respect to the offenses of aggravated
17battery with a machine gun or a firearm equipped with any
18device or attachment designed or used for silencing the report
19of a firearm or aggravated discharge of a machine gun or a
20firearm equipped with any device or attachment designed or used
21for silencing the report of a firearm, committed on or after
22July 15, 1999 (the effective date of Public Act 91-121), that a
23prisoner serving a sentence for any of these offenses shall
24receive no more than 4.5 days of sentence credit for each month
25of his or her sentence of imprisonment.
26    (2.5) Except as provided in paragraph (4.7) of this

 

 

SB3551- 18 -LRB101 19869 RLC 69389 b

1subsection (a), the rules and regulations on sentence credit
2shall provide that a prisoner who is serving a sentence for
3aggravated arson committed on or after July 27, 2001 (the
4effective date of Public Act 92-176) shall receive no more than
54.5 days of sentence credit for each month of his or her
6sentence of imprisonment.
7    (2.6) Except as provided in paragraph (4.7) of this
8subsection (a), the rules and regulations on sentence credit
9shall provide that a prisoner who is serving a sentence for
10aggravated driving under the influence of alcohol, other drug
11or drugs, or intoxicating compound or compounds or any
12combination thereof as defined in subparagraph (C) of paragraph
13(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
14Code committed on or after January 1, 2011 (the effective date
15of Public Act 96-1230) shall receive no more than 4.5 days of
16sentence credit for each month of his or her sentence of
17imprisonment.
18    (3) In addition to the sentence credits earned under
19paragraphs (2.1), (4), (4.1), and (4.7) of this subsection (a),
20the rules and regulations shall also provide that the Director
21may award up to 180 days of earned sentence credit for good
22conduct in specific instances as the Director deems proper. The
23good conduct may include, but is not limited to, compliance
24with the rules and regulations of the Department, service to
25the Department, service to a community, or service to the
26State.

 

 

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1    Eligible inmates for an award of earned sentence credit
2under this paragraph (3) may be selected to receive the credit
3at the Director's or his or her designee's sole discretion.
4Eligibility for the additional earned sentence credit under
5this paragraph (3) shall be based on, but is not limited to,
6the results of any available risk/needs assessment or other
7relevant assessments or evaluations administered by the
8Department using a validated instrument, the circumstances of
9the crime, any history of conviction for a forcible felony
10enumerated in Section 2-8 of the Criminal Code of 2012, the
11inmate's behavior and disciplinary history while incarcerated,
12and the inmate's commitment to rehabilitation, including
13participation in programming offered by the Department.
14    The Director shall not award sentence credit under this
15paragraph (3) to an inmate unless the inmate has served a
16minimum of 60 days of the sentence; except nothing in this
17paragraph shall be construed to permit the Director to extend
18an inmate's sentence beyond that which was imposed by the
19court. Prior to awarding credit under this paragraph (3), the
20Director shall make a written determination that the inmate:
21        (A) is eligible for the earned sentence credit;
22        (B) has served a minimum of 60 days, or as close to 60
23    days as the sentence will allow;
24        (B-1) has received a risk/needs assessment or other
25    relevant evaluation or assessment administered by the
26    Department using a validated instrument; and

 

 

SB3551- 20 -LRB101 19869 RLC 69389 b

1        (C) has met the eligibility criteria established by
2    rule for earned sentence credit.
3    The Director shall determine the form and content of the
4written determination required in this subsection.
5    (3.5) The Department shall provide annual written reports
6to the Governor and the General Assembly on the award of earned
7sentence credit no later than February 1 of each year. The
8Department must publish both reports on its website within 48
9hours of transmitting the reports to the Governor and the
10General Assembly. The reports must include:
11        (A) the number of inmates awarded earned sentence
12    credit;
13        (B) the average amount of earned sentence credit
14    awarded;
15        (C) the holding offenses of inmates awarded earned
16    sentence credit; and
17        (D) the number of earned sentence credit revocations.
18    (4)(A) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations shall also provide
20that the sentence credit accumulated and retained under
21paragraph (2.1) of subsection (a) of this Section by any inmate
22during specific periods of time in which such inmate is engaged
23full-time in substance abuse programs, correctional industry
24assignments, educational programs, behavior modification
25programs, life skills courses, or re-entry planning provided by
26the Department under this paragraph (4) and satisfactorily

 

 

SB3551- 21 -LRB101 19869 RLC 69389 b

1completes the assigned program as determined by the standards
2of the Department, shall be multiplied by a factor of 1.25 for
3program participation before August 11, 1993 and 1.50 for
4program participation on or after that date. The rules and
5regulations shall also provide that sentence credit, subject to
6the same offense limits and multiplier provided in this
7paragraph, may be provided to an inmate who was held in
8pre-trial detention prior to his or her current commitment to
9the Department of Corrections and successfully completed a
10full-time, 60-day or longer substance abuse program,
11educational program, behavior modification program, life
12skills course, or re-entry planning provided by the county
13department of corrections or county jail. Calculation of this
14county program credit shall be done at sentencing as provided
15in Section 5-4.5-100 of this Code and shall be included in the
16sentencing order. However, no inmate shall be eligible for the
17additional sentence credit under this paragraph (4) or (4.1) of
18this subsection (a) while assigned to a boot camp or electronic
19detention.
20    (B) The Department shall award sentence credit under this
21paragraph (4) accumulated prior to the effective date of this
22amendatory Act of the 101st General Assembly in an amount
23specified in subparagraph (C) of this paragraph (4) to an
24inmate serving a sentence for an offense committed prior to
25June 19, 1998, if the Department determines that the inmate is
26entitled to this sentence credit, based upon:

 

 

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1        (i) documentation provided by the Department that the
2    inmate engaged in any full-time substance abuse programs,
3    correctional industry assignments, educational programs,
4    behavior modification programs, life skills courses, or
5    re-entry planning provided by the Department under this
6    paragraph (4) and satisfactorily completed the assigned
7    program as determined by the standards of the Department
8    during the inmate's current term of incarceration; or
9        (ii) the inmate's own testimony in the form of an
10    affidavit or documentation, or a third party's
11    documentation or testimony in the form of an affidavit that
12    the inmate likely engaged in any full-time substance abuse
13    programs, correctional industry assignments, educational
14    programs, behavior modification programs, life skills
15    courses, or re-entry planning provided by the Department
16    under paragraph (4) and satisfactorily completed the
17    assigned program as determined by the standards of the
18    Department during the inmate's current term of
19    incarceration.
20    (C) If the inmate can provide documentation that he or she
21is entitled to sentence credit under subparagraph (B) in excess
22of 45 days of participation in those programs, the inmate shall
23receive 90 days of sentence credit. If the inmate cannot
24provide documentation of more than 45 days of participation
25those programs, the inmate shall receive 45 days of sentence
26credit. In the event of a disagreement between the Department

 

 

SB3551- 23 -LRB101 19869 RLC 69389 b

1and the inmate as to the amount of credit accumulated under
2subparagraph (B), if the Department provides documented proof
3of a lesser amount of days of participation in those programs,
4that proof shall control. If the Department provides no
5documentary proof, the inmate's proof as set forth in clause
6(ii) of subparagraph (B) shall control as to the amount of
7sentence credit provided.
8    (D) If the inmate has been convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act,
10sentencing credits under subparagraph (B) of this paragraph (4)
11shall be awarded by the Department only if the conditions set
12forth in paragraph (4.6) of subsection (a) are satisfied. No
13inmate serving a term of natural life imprisonment shall
14receive sentence credit under subparagraph (B) of this
15paragraph (4).
16    Educational, vocational, substance abuse, behavior
17modification programs, life skills courses, re-entry planning,
18and correctional industry programs under which sentence credit
19may be increased under this paragraph (4) and paragraph (4.1)
20of this subsection (a) shall be evaluated by the Department on
21the basis of documented standards. The Department shall report
22the results of these evaluations to the Governor and the
23General Assembly by September 30th of each year. The reports
24shall include data relating to the recidivism rate among
25program participants.
26    Availability of these programs shall be subject to the

 

 

SB3551- 24 -LRB101 19869 RLC 69389 b

1limits of fiscal resources appropriated by the General Assembly
2for these purposes. Eligible inmates who are denied immediate
3admission shall be placed on a waiting list under criteria
4established by the Department. The inability of any inmate to
5become engaged in any such programs by reason of insufficient
6program resources or for any other reason established under the
7rules and regulations of the Department shall not be deemed a
8cause of action under which the Department or any employee or
9agent of the Department shall be liable for damages to the
10inmate.
11    (4.1) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations shall also provide
13that an additional 90 days of sentence credit shall be awarded
14to any prisoner who passes high school equivalency testing
15while the prisoner is committed to the Department of
16Corrections. The sentence credit awarded under this paragraph
17(4.1) shall be in addition to, and shall not affect, the award
18of sentence credit under any other paragraph of this Section,
19but shall also be pursuant to the guidelines and restrictions
20set forth in paragraph (4) of subsection (a) of this Section.
21The sentence credit provided for in this paragraph shall be
22available only to those prisoners who have not previously
23earned a high school diploma or a high school equivalency
24certificate. If, after an award of the high school equivalency
25testing sentence credit has been made, the Department
26determines that the prisoner was not eligible, then the award

 

 

SB3551- 25 -LRB101 19869 RLC 69389 b

1shall be revoked. The Department may also award 90 days of
2sentence credit to any committed person who passed high school
3equivalency testing while he or she was held in pre-trial
4detention prior to the current commitment to the Department of
5Corrections.
6    Except as provided in paragraph (4.7) of this subsection
7(a), the rules and regulations shall provide that an additional
8180 days of sentence credit shall be awarded to any prisoner
9who obtains a bachelor's degree while the prisoner is committed
10to the Department of Corrections. The sentence credit awarded
11under this paragraph (4.1) shall be in addition to, and shall
12not affect, the award of sentence credit under any other
13paragraph of this Section, but shall also be under the
14guidelines and restrictions set forth in paragraph (4) of this
15subsection (a). The sentence credit provided for in this
16paragraph shall be available only to those prisoners who have
17not earned a bachelor's degree prior to the current commitment
18to the Department of Corrections. If, after an award of the
19bachelor's degree sentence credit has been made, the Department
20determines that the prisoner was not eligible, then the award
21shall be revoked. The Department may also award 180 days of
22sentence credit to any committed person who earned a bachelor's
23degree while he or she was held in pre-trial detention prior to
24the current commitment to the Department of Corrections.
25    Except as provided in paragraph (4.7) of this subsection
26(a), the rules and regulations shall provide that an additional

 

 

SB3551- 26 -LRB101 19869 RLC 69389 b

1180 days of sentence credit shall be awarded to any prisoner
2who obtains a master's or professional degree while the
3prisoner is committed to the Department of Corrections. The
4sentence credit awarded under this paragraph (4.1) shall be in
5addition to, and shall not affect, the award of sentence credit
6under any other paragraph of this Section, but shall also be
7under the guidelines and restrictions set forth in paragraph
8(4) of this subsection (a). The sentence credit provided for in
9this paragraph shall be available only to those prisoners who
10have not previously earned a master's or professional degree
11prior to the current commitment to the Department of
12Corrections. If, after an award of the master's or professional
13degree sentence credit has been made, the Department determines
14that the prisoner was not eligible, then the award shall be
15revoked. The Department may also award 180 days of sentence
16credit to any committed person who earned a master's or
17professional degree while he or she was held in pre-trial
18detention prior to the current commitment to the Department of
19Corrections.
20    (4.5) The rules and regulations on sentence credit shall
21also provide that when the court's sentencing order recommends
22a prisoner for substance abuse treatment and the crime was
23committed on or after September 1, 2003 (the effective date of
24Public Act 93-354), the prisoner shall receive no sentence
25credit awarded under clause (3) of this subsection (a) unless
26he or she participates in and completes a substance abuse

 

 

SB3551- 27 -LRB101 19869 RLC 69389 b

1treatment program. The Director may waive the requirement to
2participate in or complete a substance abuse treatment program
3in specific instances if the prisoner is not a good candidate
4for a substance abuse treatment program for medical,
5programming, or operational reasons. Availability of substance
6abuse treatment shall be subject to the limits of fiscal
7resources appropriated by the General Assembly for these
8purposes. If treatment is not available and the requirement to
9participate and complete the treatment has not been waived by
10the Director, the prisoner shall be placed on a waiting list
11under criteria established by the Department. The Director may
12allow a prisoner placed on a waiting list to participate in and
13complete a substance abuse education class or attend substance
14abuse self-help meetings in lieu of a substance abuse treatment
15program. A prisoner on a waiting list who is not placed in a
16substance abuse program prior to release may be eligible for a
17waiver and receive sentence credit under clause (3) of this
18subsection (a) at the discretion of the Director.
19    (4.6) The rules and regulations on sentence credit shall
20also provide that a prisoner who has been convicted of a sex
21offense as defined in Section 2 of the Sex Offender
22Registration Act shall receive no sentence credit unless he or
23she either has successfully completed or is participating in
24sex offender treatment as defined by the Sex Offender
25Management Board. However, prisoners who are waiting to receive
26treatment, but who are unable to do so due solely to the lack

 

 

SB3551- 28 -LRB101 19869 RLC 69389 b

1of resources on the part of the Department, may, at the
2Director's sole discretion, be awarded sentence credit at a
3rate as the Director shall determine.
4    (4.7) On or after the effective date of this amendatory Act
5of the 100th General Assembly, sentence credit under paragraph
6(3), (4), or (4.1) of this subsection (a) may be awarded to a
7prisoner who is serving a sentence for an offense described in
8paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
9on or after the effective date of this amendatory Act of the
10100th General Assembly; provided, the award of the credits
11under this paragraph (4.7) shall not reduce the sentence of the
12prisoner to less than the following amounts:
13        (i) 85% of his or her sentence if the prisoner is
14    required to serve 85% of his or her sentence; or
15        (ii) 60% of his or her sentence if the prisoner is
16    required to serve 75% of his or her sentence, except if the
17    prisoner is serving a sentence for gunrunning his or her
18    sentence shall not be reduced to less than 75%.
19        (iii) 100% of his or her sentence if the prisoner is
20    required to serve 100% of his or her sentence.
21    (5) Whenever the Department is to release any inmate
22earlier than it otherwise would because of a grant of earned
23sentence credit under paragraph (3) of subsection (a) of this
24Section given at any time during the term, the Department shall
25give reasonable notice of the impending release not less than
2614 days prior to the date of the release to the State's

 

 

SB3551- 29 -LRB101 19869 RLC 69389 b

1Attorney of the county where the prosecution of the inmate took
2place, and if applicable, the State's Attorney of the county
3into which the inmate will be released. The Department must
4also make identification information and a recent photo of the
5inmate being released accessible on the Internet by means of a
6hyperlink labeled "Community Notification of Inmate Early
7Release" on the Department's World Wide Web homepage. The
8identification information shall include the inmate's: name,
9any known alias, date of birth, physical characteristics,
10commitment offense and county where conviction was imposed. The
11identification information shall be placed on the website
12within 3 days of the inmate's release and the information may
13not be removed until either: completion of the first year of
14mandatory supervised release or return of the inmate to custody
15of the Department.
16    (b) Whenever a person is or has been committed under
17several convictions, with separate sentences, the sentences
18shall be construed under Section 5-8-4 in granting and
19forfeiting of sentence credit.
20    (c) The Department shall prescribe rules and regulations
21for revoking sentence credit, including revoking sentence
22credit awarded under paragraph (3) of subsection (a) of this
23Section. The Department shall prescribe rules and regulations
24for suspending or reducing the rate of accumulation of sentence
25credit for specific rule violations, during imprisonment.
26These rules and regulations shall provide that no inmate may be

 

 

SB3551- 30 -LRB101 19869 RLC 69389 b

1penalized more than one year of sentence credit for any one
2infraction.
3    When the Department seeks to revoke, suspend or reduce the
4rate of accumulation of any sentence credits for an alleged
5infraction of its rules, it shall bring charges therefor
6against the prisoner sought to be so deprived of sentence
7credits before the Prisoner Review Board as provided in
8subparagraph (a)(4) of Section 3-3-2 of this Code, if the
9amount of credit at issue exceeds 30 days or when during any 12
10month period, the cumulative amount of credit revoked exceeds
1130 days except where the infraction is committed or discovered
12within 60 days of scheduled release. In those cases, the
13Department of Corrections may revoke up to 30 days of sentence
14credit. The Board may subsequently approve the revocation of
15additional sentence credit, if the Department seeks to revoke
16sentence credit in excess of 30 days. However, the Board shall
17not be empowered to review the Department's decision with
18respect to the loss of 30 days of sentence credit within any
19calendar year for any prisoner or to increase any penalty
20beyond the length requested by the Department.
21    The Director of the Department of Corrections, in
22appropriate cases, may restore up to 30 days of sentence
23credits which have been revoked, suspended or reduced. Any
24restoration of sentence credits in excess of 30 days shall be
25subject to review by the Prisoner Review Board. However, the
26Board may not restore sentence credit in excess of the amount

 

 

SB3551- 31 -LRB101 19869 RLC 69389 b

1requested by the Director.
2    Nothing contained in this Section shall prohibit the
3Prisoner Review Board from ordering, pursuant to Section
43-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
5sentence imposed by the court that was not served due to the
6accumulation of sentence credit.
7    (d) If a lawsuit is filed by a prisoner in an Illinois or
8federal court against the State, the Department of Corrections,
9or the Prisoner Review Board, or against any of their officers
10or employees, and the court makes a specific finding that a
11pleading, motion, or other paper filed by the prisoner is
12frivolous, the Department of Corrections shall conduct a
13hearing to revoke up to 180 days of sentence credit by bringing
14charges against the prisoner sought to be deprived of the
15sentence credits before the Prisoner Review Board as provided
16in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
17prisoner has not accumulated 180 days of sentence credit at the
18time of the finding, then the Prisoner Review Board may revoke
19all sentence credit accumulated by the prisoner.
20    For purposes of this subsection (d):
21        (1) "Frivolous" means that a pleading, motion, or other
22    filing which purports to be a legal document filed by a
23    prisoner in his or her lawsuit meets any or all of the
24    following criteria:
25            (A) it lacks an arguable basis either in law or in
26        fact;

 

 

SB3551- 32 -LRB101 19869 RLC 69389 b

1            (B) it is being presented for any improper purpose,
2        such as to harass or to cause unnecessary delay or
3        needless increase in the cost of litigation;
4            (C) the claims, defenses, and other legal
5        contentions therein are not warranted by existing law
6        or by a nonfrivolous argument for the extension,
7        modification, or reversal of existing law or the
8        establishment of new law;
9            (D) the allegations and other factual contentions
10        do not have evidentiary support or, if specifically so
11        identified, are not likely to have evidentiary support
12        after a reasonable opportunity for further
13        investigation or discovery; or
14            (E) the denials of factual contentions are not
15        warranted on the evidence, or if specifically so
16        identified, are not reasonably based on a lack of
17        information or belief.
18        (2) "Lawsuit" means a motion pursuant to Section 116-3
19    of the Code of Criminal Procedure of 1963, a habeas corpus
20    action under Article X of the Code of Civil Procedure or
21    under federal law (28 U.S.C. 2254), a petition for claim
22    under the Court of Claims Act, an action under the federal
23    Civil Rights Act (42 U.S.C. 1983), or a second or
24    subsequent petition for post-conviction relief under
25    Article 122 of the Code of Criminal Procedure of 1963
26    whether filed with or without leave of court or a second or

 

 

SB3551- 33 -LRB101 19869 RLC 69389 b

1    subsequent petition for relief from judgment under Section
2    2-1401 of the Code of Civil Procedure.
3    (e) Nothing in Public Act 90-592 or 90-593 affects the
4validity of Public Act 89-404.
5    (f) Whenever the Department is to release any inmate who
6has been convicted of a violation of an order of protection
7under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
8the Criminal Code of 2012, earlier than it otherwise would
9because of a grant of sentence credit, the Department, as a
10condition of release, shall require that the person, upon
11release, be placed under electronic surveillance as provided in
12Section 5-8A-7 of this Code.
13(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
14101-440, eff. 1-1-20.)
 
15    (730 ILCS 5/5-5-3)
16    Sec. 5-5-3. Disposition.
17    (a) (Blank).
18    (b) (Blank).
19    (c) (1) (Blank).
20    (2) A period of probation, a term of periodic imprisonment
21or conditional discharge shall not be imposed for the following
22offenses. The court shall sentence the offender to not less
23than the minimum term of imprisonment set forth in this Code
24for the following offenses, and may order a fine or restitution
25or both in conjunction with such term of imprisonment:

 

 

SB3551- 34 -LRB101 19869 RLC 69389 b

1        (A) First degree murder where the death penalty is not
2    imposed.
3        (B) Attempted first degree murder.
4        (C) A Class X felony.
5        (D) A violation of Section 401.1 or 407 of the Illinois
6    Controlled Substances Act, or a violation of subdivision
7    (c)(1.5) of Section 401 of that Act which relates to more
8    than 5 grams of a substance containing fentanyl or an
9    analog thereof.
10        (D-5) A violation of subdivision (c)(1) of Section 401
11    of the Illinois Controlled Substances Act which relates to
12    3 or more grams of a substance containing heroin or an
13    analog thereof.
14        (E) (Blank).
15        (F) A Class 1 or greater felony if the offender had
16    been convicted of a Class 1 or greater felony, including
17    any state or federal conviction for an offense that
18    contained, at the time it was committed, the same elements
19    as an offense now (the date of the offense committed after
20    the prior Class 1 or greater felony) classified as a Class
21    1 or greater felony, within 10 years of the date on which
22    the offender committed the offense for which he or she is
23    being sentenced, except as otherwise provided in Section
24    40-10 of the Substance Use Disorder Act.
25        (F-3) A Class 2 or greater felony sex offense or felony
26    firearm offense if the offender had been convicted of a

 

 

SB3551- 35 -LRB101 19869 RLC 69389 b

1    Class 2 or greater felony, including any state or federal
2    conviction for an offense that contained, at the time it
3    was committed, the same elements as an offense now (the
4    date of the offense committed after the prior Class 2 or
5    greater felony) classified as a Class 2 or greater felony,
6    within 10 years of the date on which the offender committed
7    the offense for which he or she is being sentenced, except
8    as otherwise provided in Section 40-10 of the Substance Use
9    Disorder Act.
10        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6,
11    or 24-1.8 of the Criminal Code of 1961 or the Criminal Code
12    of 2012 for which imprisonment is prescribed in those
13    Sections.
14        (G) Residential burglary, except as otherwise provided
15    in Section 40-10 of the Substance Use Disorder Act.
16        (H) Criminal sexual assault.
17        (I) Aggravated battery of a senior citizen as described
18    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
19    of the Criminal Code of 1961 or the Criminal Code of 2012.
20        (J) A forcible felony if the offense was related to the
21    activities of an organized gang.
22        Before July 1, 1994, for the purposes of this
23    paragraph, "organized gang" means an association of 5 or
24    more persons, with an established hierarchy, that
25    encourages members of the association to perpetrate crimes
26    or provides support to the members of the association who

 

 

SB3551- 36 -LRB101 19869 RLC 69389 b

1    do commit crimes.
2        Beginning July 1, 1994, for the purposes of this
3    paragraph, "organized gang" has the meaning ascribed to it
4    in Section 10 of the Illinois Streetgang Terrorism Omnibus
5    Prevention Act.
6        (K) Vehicular hijacking.
7        (L) A second or subsequent conviction for the offense
8    of hate crime when the underlying offense upon which the
9    hate crime is based is felony aggravated assault or felony
10    mob action.
11        (M) A second or subsequent conviction for the offense
12    of institutional vandalism if the damage to the property
13    exceeds $300.
14        (N) A Class 3 felony violation of paragraph (1) of
15    subsection (a) of Section 2 of the Firearm Owners
16    Identification Card Act.
17        (O) A violation of Section 12-6.1 or 12-6.5 of the
18    Criminal Code of 1961 or the Criminal Code of 2012.
19        (P) A violation of paragraph (1), (2), (3), (4), (5),
20    or (7) of subsection (a) of Section 11-20.1 of the Criminal
21    Code of 1961 or the Criminal Code of 2012.
22        (Q) A violation of subsection (b) or (b-5) of Section
23    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
24    Code of 1961 or the Criminal Code of 2012.
25        (R) A violation of Section 24-3A of the Criminal Code
26    of 1961 or the Criminal Code of 2012.

 

 

SB3551- 37 -LRB101 19869 RLC 69389 b

1        (S) (Blank).
2        (T) (Blank).
3        (U) A second or subsequent violation of Section 6-303
4    of the Illinois Vehicle Code committed while his or her
5    driver's license, permit, or privilege was revoked because
6    of a violation of Section 9-3 of the Criminal Code of 1961
7    or the Criminal Code of 2012, relating to the offense of
8    reckless homicide, or a similar provision of a law of
9    another state.
10        (V) A violation of paragraph (4) of subsection (c) of
11    Section 11-20.1B or paragraph (4) of subsection (c) of
12    Section 11-20.3 of the Criminal Code of 1961, or paragraph
13    (6) of subsection (a) of Section 11-20.1 of the Criminal
14    Code of 2012 when the victim is under 13 years of age and
15    the defendant has previously been convicted under the laws
16    of this State or any other state of the offense of child
17    pornography, aggravated child pornography, aggravated
18    criminal sexual abuse, aggravated criminal sexual assault,
19    predatory criminal sexual assault of a child, or any of the
20    offenses formerly known as rape, deviate sexual assault,
21    indecent liberties with a child, or aggravated indecent
22    liberties with a child where the victim was under the age
23    of 18 years or an offense that is substantially equivalent
24    to those offenses.
25        (W) A violation of Section 24-3.5 of the Criminal Code
26    of 1961 or the Criminal Code of 2012.

 

 

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1        (X) A violation of subsection (a) of Section 31-1a of
2    the Criminal Code of 1961 or the Criminal Code of 2012.
3        (Y) A conviction for unlawful possession of a firearm
4    by a street gang member when the firearm was loaded or
5    contained firearm ammunition.
6        (Z) A Class 1 felony committed while he or she was
7    serving a term of probation or conditional discharge for a
8    felony.
9        (AA) Theft of property exceeding $500,000 and not
10    exceeding $1,000,000 in value.
11        (BB) Laundering of criminally derived property of a
12    value exceeding $500,000.
13        (CC) Knowingly selling, offering for sale, holding for
14    sale, or using 2,000 or more counterfeit items or
15    counterfeit items having a retail value in the aggregate of
16    $500,000 or more.
17        (DD) A conviction for aggravated assault under
18    paragraph (6) of subsection (c) of Section 12-2 of the
19    Criminal Code of 1961 or the Criminal Code of 2012 if the
20    firearm is aimed toward the person against whom the firearm
21    is being used.
22        (EE) A conviction for a violation of paragraph (2) of
23    subsection (a) of Section 24-3B of the Criminal Code of
24    2012.
25    (3) (Blank).
26    (4) A minimum term of imprisonment of not less than 10

 

 

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1consecutive days or 30 days of community service shall be
2imposed for a violation of paragraph (c) of Section 6-303 of
3the Illinois Vehicle Code.
4    (4.1) (Blank).
5    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
6this subsection (c), a minimum of 100 hours of community
7service shall be imposed for a second violation of Section
86-303 of the Illinois Vehicle Code.
9    (4.3) A minimum term of imprisonment of 30 days or 300
10hours of community service, as determined by the court, shall
11be imposed for a second violation of subsection (c) of Section
126-303 of the Illinois Vehicle Code.
13    (4.4) Except as provided in paragraphs (4.5), (4.6), and
14(4.9) of this subsection (c), a minimum term of imprisonment of
1530 days or 300 hours of community service, as determined by the
16court, shall be imposed for a third or subsequent violation of
17Section 6-303 of the Illinois Vehicle Code. The court may give
18credit toward the fulfillment of community service hours for
19participation in activities and treatment as determined by
20court services.
21    (4.5) A minimum term of imprisonment of 30 days shall be
22imposed for a third violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.6) Except as provided in paragraph (4.10) of this
25subsection (c), a minimum term of imprisonment of 180 days
26shall be imposed for a fourth or subsequent violation of

 

 

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1subsection (c) of Section 6-303 of the Illinois Vehicle Code.
2    (4.7) A minimum term of imprisonment of not less than 30
3consecutive days, or 300 hours of community service, shall be
4imposed for a violation of subsection (a-5) of Section 6-303 of
5the Illinois Vehicle Code, as provided in subsection (b-5) of
6that Section.
7    (4.8) A mandatory prison sentence shall be imposed for a
8second violation of subsection (a-5) of Section 6-303 of the
9Illinois Vehicle Code, as provided in subsection (c-5) of that
10Section. The person's driving privileges shall be revoked for a
11period of not less than 5 years from the date of his or her
12release from prison.
13    (4.9) A mandatory prison sentence of not less than 4 and
14not more than 15 years shall be imposed for a third violation
15of subsection (a-5) of Section 6-303 of the Illinois Vehicle
16Code, as provided in subsection (d-2.5) of that Section. The
17person's driving privileges shall be revoked for the remainder
18of his or her life.
19    (4.10) A mandatory prison sentence for a Class 1 felony
20shall be imposed, and the person shall be eligible for an
21extended term sentence, for a fourth or subsequent violation of
22subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
23as provided in subsection (d-3.5) of that Section. The person's
24driving privileges shall be revoked for the remainder of his or
25her life.
26    (5) The court may sentence a corporation or unincorporated

 

 

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1association convicted of any offense to:
2        (A) a period of conditional discharge;
3        (B) a fine;
4        (C) make restitution to the victim under Section 5-5-6
5    of this Code.
6    (5.1) In addition to any other penalties imposed, and
7except as provided in paragraph (5.2) or (5.3), a person
8convicted of violating subsection (c) of Section 11-907 of the
9Illinois Vehicle Code shall have his or her driver's license,
10permit, or privileges suspended for at least 90 days but not
11more than one year, if the violation resulted in damage to the
12property of another person.
13    (5.2) In addition to any other penalties imposed, and
14except as provided in paragraph (5.3), a person convicted of
15violating subsection (c) of Section 11-907 of the Illinois
16Vehicle Code shall have his or her driver's license, permit, or
17privileges suspended for at least 180 days but not more than 2
18years, if the violation resulted in injury to another person.
19    (5.3) In addition to any other penalties imposed, a person
20convicted of violating subsection (c) of Section 11-907 of the
21Illinois Vehicle Code shall have his or her driver's license,
22permit, or privileges suspended for 2 years, if the violation
23resulted in the death of another person.
24    (5.4) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code shall have his or her driver's license, permit, or

 

 

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1privileges suspended for 3 months and until he or she has paid
2a reinstatement fee of $100.
3    (5.5) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code during a period in which his or her driver's license,
6permit, or privileges were suspended for a previous violation
7of that Section shall have his or her driver's license, permit,
8or privileges suspended for an additional 6 months after the
9expiration of the original 3-month suspension and until he or
10she has paid a reinstatement fee of $100.
11    (6) (Blank).
12    (7) (Blank).
13    (8) (Blank).
14    (9) A defendant convicted of a second or subsequent offense
15of ritualized abuse of a child may be sentenced to a term of
16natural life imprisonment.
17    (10) (Blank).
18    (11) The court shall impose a minimum fine of $1,000 for a
19first offense and $2,000 for a second or subsequent offense
20upon a person convicted of or placed on supervision for battery
21when the individual harmed was a sports official or coach at
22any level of competition and the act causing harm to the sports
23official or coach occurred within an athletic facility or
24within the immediate vicinity of the athletic facility at which
25the sports official or coach was an active participant of the
26athletic contest held at the athletic facility. For the

 

 

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1purposes of this paragraph (11), "sports official" means a
2person at an athletic contest who enforces the rules of the
3contest, such as an umpire or referee; "athletic facility"
4means an indoor or outdoor playing field or recreational area
5where sports activities are conducted; and "coach" means a
6person recognized as a coach by the sanctioning authority that
7conducted the sporting event.
8    (12) A person may not receive a disposition of court
9supervision for a violation of Section 5-16 of the Boat
10Registration and Safety Act if that person has previously
11received a disposition of court supervision for a violation of
12that Section.
13    (13) A person convicted of or placed on court supervision
14for an assault or aggravated assault when the victim and the
15offender are family or household members as defined in Section
16103 of the Illinois Domestic Violence Act of 1986 or convicted
17of domestic battery or aggravated domestic battery may be
18required to attend a Partner Abuse Intervention Program under
19protocols set forth by the Illinois Department of Human
20Services under such terms and conditions imposed by the court.
21The costs of such classes shall be paid by the offender.
22    (d) In any case in which a sentence originally imposed is
23vacated, the case shall be remanded to the trial court. The
24trial court shall hold a hearing under Section 5-4-1 of this
25Code which may include evidence of the defendant's life, moral
26character and occupation during the time since the original

 

 

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1sentence was passed. The trial court shall then impose sentence
2upon the defendant. The trial court may impose any sentence
3which could have been imposed at the original trial subject to
4Section 5-5-4 of this Code. If a sentence is vacated on appeal
5or on collateral attack due to the failure of the trier of fact
6at trial to determine beyond a reasonable doubt the existence
7of a fact (other than a prior conviction) necessary to increase
8the punishment for the offense beyond the statutory maximum
9otherwise applicable, either the defendant may be re-sentenced
10to a term within the range otherwise provided or, if the State
11files notice of its intention to again seek the extended
12sentence, the defendant shall be afforded a new trial.
13    (e) In cases where prosecution for aggravated criminal
14sexual abuse under Section 11-1.60 or 12-16 of the Criminal
15Code of 1961 or the Criminal Code of 2012 results in conviction
16of a defendant who was a family member of the victim at the
17time of the commission of the offense, the court shall consider
18the safety and welfare of the victim and may impose a sentence
19of probation only where:
20        (1) the court finds (A) or (B) or both are appropriate:
21            (A) the defendant is willing to undergo a court
22        approved counseling program for a minimum duration of 2
23        years; or
24            (B) the defendant is willing to participate in a
25        court approved plan including but not limited to the
26        defendant's:

 

 

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1                (i) removal from the household;
2                (ii) restricted contact with the victim;
3                (iii) continued financial support of the
4            family;
5                (iv) restitution for harm done to the victim;
6            and
7                (v) compliance with any other measures that
8            the court may deem appropriate; and
9        (2) the court orders the defendant to pay for the
10    victim's counseling services, to the extent that the court
11    finds, after considering the defendant's income and
12    assets, that the defendant is financially capable of paying
13    for such services, if the victim was under 18 years of age
14    at the time the offense was committed and requires
15    counseling as a result of the offense.
16    Probation may be revoked or modified pursuant to Section
175-6-4; except where the court determines at the hearing that
18the defendant violated a condition of his or her probation
19restricting contact with the victim or other family members or
20commits another offense with the victim or other family
21members, the court shall revoke the defendant's probation and
22impose a term of imprisonment.
23    For the purposes of this Section, "family member" and
24"victim" shall have the meanings ascribed to them in Section
2511-0.1 of the Criminal Code of 2012.
26    (f) (Blank).

 

 

SB3551- 46 -LRB101 19869 RLC 69389 b

1    (g) Whenever a defendant is convicted of an offense under
2Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
311-14.3, 11-14.4 except for an offense that involves keeping a
4place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
7Criminal Code of 2012, the defendant shall undergo medical
8testing to determine whether the defendant has any sexually
9transmissible disease, including a test for infection with
10human immunodeficiency virus (HIV) or any other identified
11causative agent of acquired immunodeficiency syndrome (AIDS).
12Any such medical test shall be performed only by appropriately
13licensed medical practitioners and may include an analysis of
14any bodily fluids as well as an examination of the defendant's
15person. Except as otherwise provided by law, the results of
16such test shall be kept strictly confidential by all medical
17personnel involved in the testing and must be personally
18delivered in a sealed envelope to the judge of the court in
19which the conviction was entered for the judge's inspection in
20camera. Acting in accordance with the best interests of the
21victim and the public, the judge shall have the discretion to
22determine to whom, if anyone, the results of the testing may be
23revealed. The court shall notify the defendant of the test
24results. The court shall also notify the victim if requested by
25the victim, and if the victim is under the age of 15 and if
26requested by the victim's parents or legal guardian, the court

 

 

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1shall notify the victim's parents or legal guardian of the test
2results. The court shall provide information on the
3availability of HIV testing and counseling at Department of
4Public Health facilities to all parties to whom the results of
5the testing are revealed and shall direct the State's Attorney
6to provide the information to the victim when possible. A
7State's Attorney may petition the court to obtain the results
8of any HIV test administered under this Section, and the court
9shall grant the disclosure if the State's Attorney shows it is
10relevant in order to prosecute a charge of criminal
11transmission of HIV under Section 12-5.01 or 12-16.2 of the
12Criminal Code of 1961 or the Criminal Code of 2012 against the
13defendant. The court shall order that the cost of any such test
14shall be paid by the county and may be taxed as costs against
15the convicted defendant.
16    (g-5) When an inmate is tested for an airborne communicable
17disease, as determined by the Illinois Department of Public
18Health including but not limited to tuberculosis, the results
19of the test shall be personally delivered by the warden or his
20or her designee in a sealed envelope to the judge of the court
21in which the inmate must appear for the judge's inspection in
22camera if requested by the judge. Acting in accordance with the
23best interests of those in the courtroom, the judge shall have
24the discretion to determine what if any precautions need to be
25taken to prevent transmission of the disease in the courtroom.
26    (h) Whenever a defendant is convicted of an offense under

 

 

SB3551- 48 -LRB101 19869 RLC 69389 b

1Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
2defendant shall undergo medical testing to determine whether
3the defendant has been exposed to human immunodeficiency virus
4(HIV) or any other identified causative agent of acquired
5immunodeficiency syndrome (AIDS). Except as otherwise provided
6by law, the results of such test shall be kept strictly
7confidential by all medical personnel involved in the testing
8and must be personally delivered in a sealed envelope to the
9judge of the court in which the conviction was entered for the
10judge's inspection in camera. Acting in accordance with the
11best interests of the public, the judge shall have the
12discretion to determine to whom, if anyone, the results of the
13testing may be revealed. The court shall notify the defendant
14of a positive test showing an infection with the human
15immunodeficiency virus (HIV). The court shall provide
16information on the availability of HIV testing and counseling
17at Department of Public Health facilities to all parties to
18whom the results of the testing are revealed and shall direct
19the State's Attorney to provide the information to the victim
20when possible. A State's Attorney may petition the court to
21obtain the results of any HIV test administered under this
22Section, and the court shall grant the disclosure if the
23State's Attorney shows it is relevant in order to prosecute a
24charge of criminal transmission of HIV under Section 12-5.01 or
2512-16.2 of the Criminal Code of 1961 or the Criminal Code of
262012 against the defendant. The court shall order that the cost

 

 

SB3551- 49 -LRB101 19869 RLC 69389 b

1of any such test shall be paid by the county and may be taxed as
2costs against the convicted defendant.
3    (i) All fines and penalties imposed under this Section for
4any violation of Chapters 3, 4, 6, and 11 of the Illinois
5Vehicle Code, or a similar provision of a local ordinance, and
6any violation of the Child Passenger Protection Act, or a
7similar provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under the Criminal
9and Traffic Assessment Act.
10    (j) In cases when prosecution for any violation of Section
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1211-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1311-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1411-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961 or the Criminal
16Code of 2012, any violation of the Illinois Controlled
17Substances Act, any violation of the Cannabis Control Act, or
18any violation of the Methamphetamine Control and Community
19Protection Act results in conviction, a disposition of court
20supervision, or an order of probation granted under Section 10
21of the Cannabis Control Act, Section 410 of the Illinois
22Controlled Substances Act, or Section 70 of the Methamphetamine
23Control and Community Protection Act of a defendant, the court
24shall determine whether the defendant is employed by a facility
25or center as defined under the Child Care Act of 1969, a public
26or private elementary or secondary school, or otherwise works

 

 

SB3551- 50 -LRB101 19869 RLC 69389 b

1with children under 18 years of age on a daily basis. When a
2defendant is so employed, the court shall order the Clerk of
3the Court to send a copy of the judgment of conviction or order
4of supervision or probation to the defendant's employer by
5certified mail. If the employer of the defendant is a school,
6the Clerk of the Court shall direct the mailing of a copy of
7the judgment of conviction or order of supervision or probation
8to the appropriate regional superintendent of schools. The
9regional superintendent of schools shall notify the State Board
10of Education of any notification under this subsection.
11    (j-5) A defendant at least 17 years of age who is convicted
12of a felony and who has not been previously convicted of a
13misdemeanor or felony and who is sentenced to a term of
14imprisonment in the Illinois Department of Corrections shall as
15a condition of his or her sentence be required by the court to
16attend educational courses designed to prepare the defendant
17for a high school diploma and to work toward a high school
18diploma or to work toward passing high school equivalency
19testing or to work toward completing a vocational training
20program offered by the Department of Corrections. If a
21defendant fails to complete the educational training required
22by his or her sentence during the term of incarceration, the
23Prisoner Review Board shall, as a condition of mandatory
24supervised release, require the defendant, at his or her own
25expense, to pursue a course of study toward a high school
26diploma or passage of high school equivalency testing. The

 

 

SB3551- 51 -LRB101 19869 RLC 69389 b

1Prisoner Review Board shall revoke the mandatory supervised
2release of a defendant who wilfully fails to comply with this
3subsection (j-5) upon his or her release from confinement in a
4penal institution while serving a mandatory supervised release
5term; however, the inability of the defendant after making a
6good faith effort to obtain financial aid or pay for the
7educational training shall not be deemed a wilful failure to
8comply. The Prisoner Review Board shall recommit the defendant
9whose mandatory supervised release term has been revoked under
10this subsection (j-5) as provided in Section 3-3-9. This
11subsection (j-5) does not apply to a defendant who has a high
12school diploma or has successfully passed high school
13equivalency testing. This subsection (j-5) does not apply to a
14defendant who is determined by the court to be a person with a
15developmental disability or otherwise mentally incapable of
16completing the educational or vocational program.
17    (k) (Blank).
18    (l) (A) Except as provided in paragraph (C) of subsection
19(l), whenever a defendant, who is an alien as defined by the
20Immigration and Nationality Act, is convicted of any felony or
21misdemeanor offense, the court after sentencing the defendant
22may, upon motion of the State's Attorney, hold sentence in
23abeyance and remand the defendant to the custody of the
24Attorney General of the United States or his or her designated
25agent to be deported when:
26        (1) a final order of deportation has been issued

 

 

SB3551- 52 -LRB101 19869 RLC 69389 b

1    against the defendant pursuant to proceedings under the
2    Immigration and Nationality Act, and
3        (2) the deportation of the defendant would not
4    deprecate the seriousness of the defendant's conduct and
5    would not be inconsistent with the ends of justice.
6    Otherwise, the defendant shall be sentenced as provided in
7this Chapter V.
8    (B) If the defendant has already been sentenced for a
9felony or misdemeanor offense, or has been placed on probation
10under Section 10 of the Cannabis Control Act, Section 410 of
11the Illinois Controlled Substances Act, or Section 70 of the
12Methamphetamine Control and Community Protection Act, the
13court may, upon motion of the State's Attorney to suspend the
14sentence imposed, commit the defendant to the custody of the
15Attorney General of the United States or his or her designated
16agent when:
17        (1) a final order of deportation has been issued
18    against the defendant pursuant to proceedings under the
19    Immigration and Nationality Act, and
20        (2) the deportation of the defendant would not
21    deprecate the seriousness of the defendant's conduct and
22    would not be inconsistent with the ends of justice.
23    (C) This subsection (l) does not apply to offenders who are
24subject to the provisions of paragraph (2) of subsection (a) of
25Section 3-6-3.
26    (D) Upon motion of the State's Attorney, if a defendant

 

 

SB3551- 53 -LRB101 19869 RLC 69389 b

1sentenced under this Section returns to the jurisdiction of the
2United States, the defendant shall be recommitted to the
3custody of the county from which he or she was sentenced.
4Thereafter, the defendant shall be brought before the
5sentencing court, which may impose any sentence that was
6available under Section 5-5-3 at the time of initial
7sentencing. In addition, the defendant shall not be eligible
8for additional earned sentence credit as provided under Section
93-6-3.
10    (m) A person convicted of criminal defacement of property
11under Section 21-1.3 of the Criminal Code of 1961 or the
12Criminal Code of 2012, in which the property damage exceeds
13$300 and the property damaged is a school building, shall be
14ordered to perform community service that may include cleanup,
15removal, or painting over the defacement.
16    (n) The court may sentence a person convicted of a
17violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
18subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
19of 1961 or the Criminal Code of 2012 (i) to an impact
20incarceration program if the person is otherwise eligible for
21that program under Section 5-8-1.1, (ii) to community service,
22or (iii) if the person has a substance use disorder, as defined
23in the Substance Use Disorder Act, to a treatment program
24licensed under that Act.
25    (o) Whenever a person is convicted of a sex offense as
26defined in Section 2 of the Sex Offender Registration Act, the

 

 

SB3551- 54 -LRB101 19869 RLC 69389 b

1defendant's driver's license or permit shall be subject to
2renewal on an annual basis in accordance with the provisions of
3license renewal established by the Secretary of State.
4(Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;
5100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 
6    (730 ILCS 5/5-8-1.2)
7    Sec. 5-8-1.2. County impact incarceration.
8    (a) Legislative intent. It is the finding of the General
9Assembly that certain non-violent offenders eligible for
10sentences of incarceration may benefit from the rehabilitative
11aspects of a county impact incarceration program. It is the
12intent of the General Assembly that such programs be
13implemented as provided by this Section. This Section shall not
14be construed to allow violent offenders to participate in a
15county impact incarceration program.
16    (b) Under the direction of the Sheriff and with the
17approval of the County Board of Commissioners, the Sheriff, in
18any county with more than 3,000,000 inhabitants, may establish
19and operate a county impact incarceration program for eligible
20offenders. If the court finds under Section 5-4-1 that an
21offender convicted of a felony meets the eligibility
22requirements of the Sheriff's county impact incarceration
23program, the court may sentence the offender to the county
24impact incarceration program. The Sheriff shall be responsible
25for monitoring all offenders who are sentenced to the county

 

 

SB3551- 55 -LRB101 19869 RLC 69389 b

1impact incarceration program, including the mandatory period
2of monitored release following the 120 to 180 days of impact
3incarceration. Offenders assigned to the county impact
4incarceration program under an intergovernmental agreement
5between the county and the Illinois Department of Corrections
6are exempt from the provisions of this mandatory period of
7monitored release. In the event the offender is not accepted
8for placement in the county impact incarceration program, the
9court shall proceed to sentence the offender to any other
10disposition authorized by this Code. If the offender does not
11successfully complete the program, the offender's failure to do
12so shall constitute a violation of the sentence to the county
13impact incarceration program.
14    (c) In order to be eligible to be sentenced to a county
15impact incarceration program by the court, the person shall
16meet all of the following requirements:
17        (1) The person must be not less than 17 years of age
18    nor more than 35 years of age.
19        (2) The person has not previously participated in the
20    impact incarceration program and has not previously served
21    more than one prior sentence of imprisonment for a felony
22    in an adult correctional facility.
23        (3) The person has not been convicted of a Class X
24    felony, first or second degree murder, armed violence,
25    aggravated kidnapping, criminal sexual assault, aggravated
26    criminal sexual abuse or a subsequent conviction for

 

 

SB3551- 56 -LRB101 19869 RLC 69389 b

1    criminal sexual abuse, forcible detention, or arson,
2    unlawful use or possession of weapons by felons or persons
3    in the custody of the Department of Corrections facilities,
4    aggravated unlawful use of a weapon by a person who has
5    been previously convicted of a felony in this State or
6    another jurisdiction, or unlawful possession of a firearm
7    by a street gang member and has not been convicted
8    previously of any of those offenses.
9        (4) The person has been found in violation of probation
10    for an offense that is a Class 2, 3, or 4 felony that is not
11    a forcible felony as defined in Section 2-8 of the Criminal
12    Code of 2012 or a violent crime as defined in subsection
13    (c) of Section 3 of the Rights of Crime Victims and
14    Witnesses Act who otherwise could be sentenced to a term of
15    incarceration; or the person is convicted of an offense
16    that is a Class 2, 3, or 4 felony that is not a forcible
17    felony as defined in Section 2-8 of the Criminal Code of
18    2012 or a violent crime as defined in subsection (c) of
19    Section 3 of the Rights of Crime Victims and Witnesses Act
20    who has previously served a sentence of probation for any
21    felony offense and who otherwise could be sentenced to a
22    term of incarceration.
23        (5) The person must be physically able to participate
24    in strenuous physical activities or labor.
25        (6) The person must not have any mental disorder or
26    disability that would prevent participation in a county

 

 

SB3551- 57 -LRB101 19869 RLC 69389 b

1    impact incarceration program.
2        (7) The person was recommended and approved for
3    placement in the county impact incarceration program by the
4    Sheriff and consented in writing to participation in the
5    county impact incarceration program and to the terms and
6    conditions of the program. The Sheriff may consider, among
7    other matters, whether the person has any outstanding
8    detainers or warrants, whether the person has a history of
9    escaping or absconding, whether participation in the
10    county impact incarceration program may pose a risk to the
11    safety or security of any person and whether space is
12    available.
13    (c-5) The county impact incarceration program shall
14include, among other matters, mandatory physical training and
15labor, military formation and drills, regimented activities,
16uniformity of dress and appearance, education and counseling,
17including drug counseling where appropriate.
18    (d) Privileges including visitation, commissary, receipt
19and retention of property and publications and access to
20television, radio, and a library may be suspended or
21restricted, notwithstanding provisions to the contrary in this
22Code.
23    (e) The Sheriff shall issue written rules and requirements
24for the program. Persons shall be informed of rules of behavior
25and conduct. Persons participating in the county impact
26incarceration program shall adhere to all rules and all

 

 

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1requirements of the program.
2    (f) Participation in the county impact incarceration
3program shall be for a period of 120 to 180 days followed by a
4mandatory term of monitored release for at least 8 months and
5no more than 12 months supervised by the Sheriff. The period of
6time a person shall serve in the impact incarceration program
7shall not be reduced by the accumulation of good time. The
8court may also sentence the person to a period of probation to
9commence at the successful completion of the county impact
10incarceration program.
11    (g) If the person successfully completes the county impact
12incarceration program, the Sheriff shall certify the person's
13successful completion of the program to the court and to the
14county's State's Attorney. Upon successful completion of the
15county impact incarceration program and mandatory term of
16monitored release and if there is an additional period of
17probation given, the person shall at that time begin his or her
18probationary sentence under the supervision of the Adult
19Probation Department.
20    (h) A person may be removed from the county impact
21incarceration program for a violation of the terms or
22conditions of the program or in the event he or she is for any
23reason unable to participate. The failure to complete the
24program for any reason, including the 8 to 12 month monitored
25release period, shall be deemed a violation of the county
26impact incarceration sentence. The Sheriff shall give notice to

 

 

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1the State's Attorney of the person's failure to complete the
2program. The Sheriff shall file a petition for violation of the
3county impact incarceration sentence with the court and the
4State's Attorney may proceed on the petition under Section
55-6-4 of this Code. The Sheriff shall promulgate rules and
6regulations governing conduct which could result in removal
7from the program or in a determination that the person has not
8successfully completed the program.
9    The mandatory conditions of every county impact
10incarceration sentence shall include that the person either
11while in the program or during the period of monitored release:
12        (1) not violate any criminal statute of any
13    jurisdiction;
14        (2) report or appear in person before any such person
15    or agency as directed by the court or the Sheriff;
16        (3) refrain from possessing a firearm or other
17    dangerous weapon;
18        (4) not leave the State without the consent of the
19    court or, in circumstances in which the reason for the
20    absence is of such an emergency nature that prior consent
21    by the court is not possible, without the prior
22    notification and approval of the Sheriff; and
23        (5) permit representatives of the Sheriff to visit at
24    the person's home or elsewhere to the extent necessary for
25    the Sheriff to monitor compliance with the program. Persons
26    shall have access to such rules, which shall provide that a

 

 

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1    person shall receive notice of any such violation.
2    (i) The Sheriff may terminate the county impact
3incarceration program at any time.
4    (j) The Sheriff shall report to the county board on or
5before September 30th of each year on the county impact
6incarceration program, including the composition of the
7program by the offenders, by county of commitment, sentence,
8age, offense, and race.
9(Source: P.A. 100-201, eff. 8-18-17.)

 

 

SB3551- 61 -LRB101 19869 RLC 69389 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/18-3
4    720 ILCS 5/18-4
5    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
6    720 ILCS 5/24-1.6
7    720 ILCS 5/24-1.8
8    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
9    730 ILCS 5/5-5-3
10    730 ILCS 5/5-8-1.2