093_SB0096ham001 LRB093 05248 DRH 14919 a 1 AMENDMENT TO SENATE BILL 96 2 AMENDMENT NO. . Amend Senate Bill 96 on page 1, line 3 1, by replacing "transportation." with "driving offenses."; 4 and 5 on page 8, below line 25, by inserting the following: 6 "Section 10. The Unified Code of Corrections is amended 7 by changing Section 5-4-1 as follows: 8 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 9 Sec. 5-4-1. Sentencing Hearing. 10 (a) Except when the death penalty is sought under 11 hearing procedures otherwise specified, after a determination 12 of guilt, a hearing shall be held to impose the sentence. 13 However, prior to the imposition of sentence on an individual 14 being sentenced for an offense based upon a charge for a 15 violation of Section 11-501 of the Illinois Vehicle Code or a 16 similar provision of a local ordinance, the individual must 17 undergo a professional evaluation to determine if an alcohol 18 or other drug abuse problem exists and the extent of such a 19 problem. Programs conducting these evaluations shall be 20 licensed by the Department of Human Services. However, if 21 the individual is not a resident of Illinois, the court may, -2- LRB093 05248 DRH 14919 a 1 in its discretion, accept an evaluation from a program in the 2 state of such individual's residence. The court may in its 3 sentencing order approve an eligible defendant for placement 4 in a Department of Corrections impact incarceration program 5 as provided in Section 5-8-1.1 or 5-8-1.3. At the hearing 6 the court shall: 7 (1) consider the evidence, if any, received upon 8 the trial; 9 (2) consider any presentence reports; 10 (3) consider the financial impact of incarceration 11 based on the financial impact statement filed with the 12 clerk of the court by the Department of Corrections; 13 (4) consider evidence and information offered by 14 the parties in aggravation and mitigation; 15 (5) hear arguments as to sentencing alternatives; 16 (6) afford the defendant the opportunity to make a 17 statement in his own behalf; 18 (7) afford the victim of a violent crime or a 19 violation of Section 11-501 of the Illinois Vehicle Code, 20 or a similar provision of a local ordinance, or a 21 qualified individual affected by a violation of Section 22 405, 405.1, 405.2, or 407 of the Illinois Controlled 23 Substances Act, committed by the defendant the 24 opportunity to make a statement concerning the impact on 25 the victim and to offer evidence in aggravation or 26 mitigation; provided that the statement and evidence 27 offered in aggravation or mitigation must first be 28 prepared in writing in conjunction with the State's 29 Attorney before it may be presented orally at the 30 hearing. Any sworn testimony offered by the victim is 31 subject to the defendant's right to cross-examine. All 32 statements and evidence offered under this paragraph (7) 33 shall become part of the record of the court. For the 34 purpose of this paragraph (7), "qualified individual" -3- LRB093 05248 DRH 14919 a 1 means any person who (i) lived or worked within the 2 territorial jurisdiction where the offense took place 3 when the offense took place; and (ii) is familiar with 4 various public places within the territorial jurisdiction 5 where the offense took place when the offense took place. 6 For the purposes of this paragraph (7), "qualified 7 individual" includes any peace officer, or any member of 8 any duly organized State, county, or municipal peace unit 9 assigned to the territorial jurisdiction where the 10 offense took place when the offense took place; and 11 (8) in cases of reckless homicide afford the 12 victim's spouse, guardians, parents or other immediate 13 family members an opportunity to make oral statements. 14 (b) All sentences shall be imposed by the judge based 15 upon his independent assessment of the elements specified 16 above and any agreement as to sentence reached by the 17 parties. The judge who presided at the trial or the judge 18 who accepted the plea of guilty shall impose the sentence 19 unless he is no longer sitting as a judge in that court. 20 Where the judge does not impose sentence at the same time on 21 all defendants who are convicted as a result of being 22 involved in the same offense, the defendant or the State's 23 Attorney may advise the sentencing court of the disposition 24 of any other defendants who have been sentenced. 25 (c) In imposing a sentence for a violent crime or for an 26 offense of operating or being in physical control of a 27 vehicle while under the influence of alcohol, any other drug 28 or any combination thereof, or a similar provision of a local 29 ordinance, when such offense resulted in the personal injury 30 to someone other than the defendant, the trial judge shall 31 specify on the record the particular evidence, information, 32 factors in mitigation and aggravation or other reasons that 33 led to his sentencing determination. The full verbatim record 34 of the sentencing hearing shall be filed with the clerk of -4- LRB093 05248 DRH 14919 a 1 the court and shall be a public record. 2 (c-1) In imposing a sentence for the offense of 3 aggravated kidnapping for ransom, home invasion, armed 4 robbery, aggravated vehicular hijacking, aggravated discharge 5 of a firearm, or armed violence with a category I weapon or 6 category II weapon, the trial judge shall make a finding as 7 to whether the conduct leading to conviction for the offense 8 resulted in great bodily harm to a victim, and shall enter 9 that finding and the basis for that finding in the record. 10 (c-2) If the defendant is sentenced to prison, other 11 than when a sentence of natural life imprisonment or a 12 sentence of death is imposed, at the time the sentence is 13 imposed the judge shall state on the record in open court the 14 approximate period of time the defendant will serve in 15 custody according to the then current statutory rules and 16 regulations for early release found in Section 3-6-3 and 17 other related provisions of this Code. This statement is 18 intended solely to inform the public, has no legal effect on 19 the defendant's actual release, and may not be relied on by 20 the defendant on appeal. 21 The judge's statement, to be given after pronouncing the 22 sentence, other than when the sentence is imposed for one of 23 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 24 shall include the following: 25 "The purpose of this statement is to inform the public of 26 the actual period of time this defendant is likely to spend 27 in prison as a result of this sentence. The actual period of 28 prison time served is determined by the statutes of Illinois 29 as applied to this sentence by the Illinois Department of 30 Corrections and the Illinois Prisoner Review Board. In this 31 case, assuming the defendant receives all of his or her good 32 conduct credit, the period of estimated actual custody is ... 33 years and ... months, less up to 180 days additional good 34 conduct credit for meritorious service. If the defendant, -5- LRB093 05248 DRH 14919 a 1 because of his or her own misconduct or failure to comply 2 with the institutional regulations, does not receive those 3 credits, the actual time served in prison will be longer. 4 The defendant may also receive an additional one-half day 5 good conduct credit for each day of participation in 6 vocational, industry, substance abuse, and educational 7 programs as provided for by Illinois statute." 8 When the sentence is imposed for one of the offenses 9 enumerated in paragraph (a)(3) of Section 3-6-3, other than 10 when the sentence is imposed for one of the offenses 11 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 12 or after June 19, 1998, and other than when the sentence is 13 imposed for reckless homicide as defined in subsection (e) of 14 Section 9-3 of the Criminal Code of 1961 if the offense was 15 committed on or after January 1, 1999, and other than when 16 the sentence is imposed for aggravated arson if the offense 17 was committed on or after the effective date of this 18 amendatory Act of the 92nd General Assembly, the judge's 19 statement, to be given after pronouncing the sentence, shall 20 include the following: 21 "The purpose of this statement is to inform the public of 22 the actual period of time this defendant is likely to spend 23 in prison as a result of this sentence. The actual period of 24 prison time served is determined by the statutes of Illinois 25 as applied to this sentence by the Illinois Department of 26 Corrections and the Illinois Prisoner Review Board. In this 27 case, assuming the defendant receives all of his or her good 28 conduct credit, the period of estimated actual custody is ... 29 years and ... months, less up to 90 days additional good 30 conduct credit for meritorious service. If the defendant, 31 because of his or her own misconduct or failure to comply 32 with the institutional regulations, does not receive those 33 credits, the actual time served in prison will be longer. 34 The defendant may also receive an additional one-half day -6- LRB093 05248 DRH 14919 a 1 good conduct credit for each day of participation in 2 vocational, industry, substance abuse, and educational 3 programs as provided for by Illinois statute." 4 When the sentence is imposed for one of the offenses 5 enumerated in paragraph (a)(2) of Section 3-6-3, other than 6 first degree murder, and the offense was committed on or 7 after June 19, 1998, and when the sentence is imposed for 8 reckless homicide as defined in subsection (e) of Section 9-3 9 of the Criminal Code of 1961 if the offense was committed on 10 or after January 1, 1999, and when the sentence is imposed 11 for aggravated driving under the influence of alcohol, other 12 drug or drugs, or intoxicating compound or compounds, or any 13 combination thereof as defined in subparagraph (F) of 14 paragraph (1) of subsection (d) of Section 11-501 of the 15 Illinois Vehicle Code, and when the sentence is imposed for 16 aggravated arson if the offense was committed on or after the 17 effective date of this amendatory Act of the 92nd General 18 Assembly, the judge's statement, to be given after 19 pronouncing the sentence, shall include the following: 20 "The purpose of this statement is to inform the public of 21 the actual period of time this defendant is likely to spend 22 in prison as a result of this sentence. The actual period of 23 prison time served is determined by the statutes of Illinois 24 as applied to this sentence by the Illinois Department of 25 Corrections and the Illinois Prisoner Review Board. In this 26 case, the defendant is entitled to no more than 4 1/2 days of 27 good conduct credit for each month of his or her sentence of 28 imprisonment. Therefore, this defendant will serve at least 29 85% of his or her sentence. Assuming the defendant receives 30 4 1/2 days credit for each month of his or her sentence, the 31 period of estimated actual custody is ... years and ... 32 months. If the defendant, because of his or her own 33 misconduct or failure to comply with the institutional 34 regulations receives lesser credit, the actual time served in -7- LRB093 05248 DRH 14919 a 1 prison will be longer." 2 When a sentence of imprisonment is imposed for first 3 degree murder and the offense was committed on or after June 4 19, 1998, the judge's statement, to be given after 5 pronouncing the sentence, shall include the following: 6 "The purpose of this statement is to inform the public of 7 the actual period of time this defendant is likely to spend 8 in prison as a result of this sentence. The actual period of 9 prison time served is determined by the statutes of Illinois 10 as applied to this sentence by the Illinois Department of 11 Corrections and the Illinois Prisoner Review Board. In this 12 case, the defendant is not entitled to good conduct credit. 13 Therefore, this defendant will serve 100% of his or her 14 sentence." 15 (d) When the defendant is committed to the Department of 16 Corrections, the State's Attorney shall and counsel for the 17 defendant may file a statement with the clerk of the court to 18 be transmitted to the department, agency or institution to 19 which the defendant is committed to furnish such department, 20 agency or institution with the facts and circumstances of the 21 offense for which the person was committed together with all 22 other factual information accessible to them in regard to the 23 person prior to his commitment relative to his habits, 24 associates, disposition and reputation and any other facts 25 and circumstances which may aid such department, agency or 26 institution during its custody of such person. The clerk 27 shall within 10 days after receiving any such statements 28 transmit a copy to such department, agency or institution and 29 a copy to the other party, provided, however, that this shall 30 not be cause for delay in conveying the person to the 31 department, agency or institution to which he has been 32 committed. 33 (e) The clerk of the court shall transmit to the 34 department, agency or institution, if any, to which the -8- LRB093 05248 DRH 14919 a 1 defendant is committed, the following: 2 (1) the sentence imposed; 3 (2) any statement by the court of the basis for 4 imposing the sentence; 5 (3) any presentence reports; 6 (4) the number of days, if any, which the defendant 7 has been in custody and for which he is entitled to 8 credit against the sentence, which information shall be 9 provided to the clerk by the sheriff; 10 (4.1) any finding of great bodily harm made by the 11 court with respect to an offense enumerated in subsection 12 (c-1); 13 (5) all statements filed under subsection (d) of 14 this Section; 15 (6) any medical or mental health records or 16 summaries of the defendant; 17 (7) the municipality where the arrest of the 18 offender or the commission of the offense has occurred, 19 where such municipality has a population of more than 20 25,000 persons; 21 (8) all statements made and evidence offered under 22 paragraph (7) of subsection (a) of this Section; and 23 (9) all additional matters which the court directs 24 the clerk to transmit. 25 (Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01; 26 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 27 9-18-02.)."