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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||
5 | changing Sections 3-1-2, 3-5-1, 3-6-2, and 5-5-3 and by adding | ||||||||||||||||||||||||
6 | Sections 5-1-9.1 and 5-1-14.1 as follows:
| ||||||||||||||||||||||||
7 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||||||||||||||||||||||||
8 | Sec. 3-1-2. Definitions. | ||||||||||||||||||||||||
9 | (a) "Chief Administrative Officer" means the
person | ||||||||||||||||||||||||
10 | designated by the Director to exercise the powers and duties of | ||||||||||||||||||||||||
11 | the
Department of Corrections in regard to committed persons | ||||||||||||||||||||||||
12 | within
a correctional institution or facility, and includes the
| ||||||||||||||||||||||||
13 | superintendent of any juvenile institution or facility.
| ||||||||||||||||||||||||
14 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||||||||||||||||||||
15 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||||||||||||||||||||
16 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||||||||||||||||||||
17 | Section 5-6-3.1 only means: | ||||||||||||||||||||||||
18 | (i) A violation of any of the following Sections of the | ||||||||||||||||||||||||
19 | Criminal Code of
1961: 10-7 (aiding and abetting child | ||||||||||||||||||||||||
20 | abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | ||||||||||||||||||||||||
21 | luring), 11-6 (indecent solicitation of a child), 11-6.5
| ||||||||||||||||||||||||
22 | (indecent solicitation of an adult),
11-15.1 (soliciting | ||||||||||||||||||||||||
23 | for a juvenile
prostitute), 11-17.1 (keeping a place of |
| |||||||
| |||||||
1 | juvenile prostitution), 11-18.1
(patronizing a juvenile | ||||||
2 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
3 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
4 | 12-14.1
(predatory criminal sexual assault of a child), or | ||||||
5 | 12-33 (ritualized abuse of a
child). An attempt to commit | ||||||
6 | any of
these offenses. | ||||||
7 | (ii) A violation of any of the following Sections of | ||||||
8 | the Criminal Code
of 1961: 12-13 (criminal
sexual assault), | ||||||
9 | 12-14 (aggravated criminal sexual assault), 12-16 | ||||||
10 | (aggravated criminal sexual abuse), and subsection (a) of | ||||||
11 | Section 12-15
(criminal sexual abuse). An attempt to commit
| ||||||
12 | any of these offenses. | ||||||
13 | (iii) A violation of any of the following Sections of | ||||||
14 | the Criminal Code
of 1961 when the defendant is
not a | ||||||
15 | parent of the victim: | ||||||
16 | 10-1 (kidnapping),
| ||||||
17 | 10-2 (aggravated kidnapping), | ||||||
18 | 10-3 (unlawful restraint),
| ||||||
19 | 10-3.1 (aggravated unlawful restraint). | ||||||
20 | An attempt to commit any of these offenses. | ||||||
21 | (iv) A violation of any former law of this State | ||||||
22 | substantially
equivalent to any offense listed in this | ||||||
23 | subsection (a-5). | ||||||
24 | An offense violating federal law or the law of another | ||||||
25 | state
that is substantially equivalent to any offense listed in | ||||||
26 | this
subsection (a-5) shall constitute a sex offense for the |
| |||||||
| |||||||
1 | purpose of
this subsection (a-5). A finding or adjudication as | ||||||
2 | a sexually dangerous person under
any federal law or law of | ||||||
3 | another state that is substantially equivalent to the
Sexually | ||||||
4 | Dangerous Persons Act shall constitute an adjudication for a | ||||||
5 | sex offense for the
purposes of this subsection (a-5).
| ||||||
6 | (b) "Commitment" means a judicially determined placement
| ||||||
7 | in the custody of the Department of Corrections on the basis of
| ||||||
8 | delinquency or conviction.
| ||||||
9 | (c) "Committed Person" is a person committed to the | ||||||
10 | Department,
however a committed person shall not be considered | ||||||
11 | to be an employee of
the Department of Corrections for any | ||||||
12 | purpose, including eligibility for
a pension, benefits, or any | ||||||
13 | other compensation or rights or privileges which
may be | ||||||
14 | provided to employees of the Department.
| ||||||
15 | (d) "Correctional Institution or Facility" means any | ||||||
16 | building or
part of a building where committed persons are kept | ||||||
17 | in a secured manner.
| ||||||
18 | (e) In the case of functions performed before the effective | ||||||
19 | date of this amendatory Act of the 94th General Assembly, | ||||||
20 | "Department" means the Department of Corrections of this State. | ||||||
21 | In the case of functions performed on or after the effective | ||||||
22 | date of this amendatory Act of the 94th General Assembly, | ||||||
23 | "Department" has the meaning ascribed to it in subsection | ||||||
24 | (f-5).
| ||||||
25 | (f) In the case of functions performed before the effective | ||||||
26 | date of this amendatory Act of the 94th General Assembly, |
| |||||||
| |||||||
1 | "Director" means the Director of the Department of Corrections. | ||||||
2 | In the case of functions performed on or after the effective | ||||||
3 | date of this amendatory Act of the 94th General Assembly, | ||||||
4 | "Director" has the meaning ascribed to it in subsection (f-5).
| ||||||
5 | (f-5) In the case of functions performed on or after the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly, references to "Department" or "Director" refer to | ||||||
8 | either the Department of Corrections or the Director of | ||||||
9 | Corrections or to the Department of Juvenile Justice or the | ||||||
10 | Director of Juvenile Justice unless the context is specific to | ||||||
11 | the Department of Juvenile Justice or the Director of Juvenile | ||||||
12 | Justice.
| ||||||
13 | (g) "Discharge" means the final termination of a commitment
| ||||||
14 | to the Department of Corrections.
| ||||||
15 | (h) "Discipline" means the rules and regulations for the
| ||||||
16 | maintenance of order and the protection of persons and property
| ||||||
17 | within the institutions and facilities of the Department and
| ||||||
18 | their enforcement.
| ||||||
19 | (i) "Escape" means the intentional and unauthorized | ||||||
20 | absence
of a committed person from the custody of the | ||||||
21 | Department.
| ||||||
22 | (j) "Furlough" means an authorized leave of absence from | ||||||
23 | the
Department of Corrections for a designated purpose and | ||||||
24 | period of time.
| ||||||
25 | (j-5) "HIV/AIDS" means the human immunodeficiency virus or | ||||||
26 | any other
identified causative agent of acquired |
| |||||||
| |||||||
1 | immunodeficiency syndrome.
| ||||||
2 | (j-6) "MRSA" means methicillin resistant staphylococcus | ||||||
3 | aureus infections.
| ||||||
4 | (k) "Parole" means the conditional and revocable release
of | ||||||
5 | a committed person under the supervision of a parole officer.
| ||||||
6 | (l) "Prisoner Review Board" means the Board established in
| ||||||
7 | Section 3-3-1(a), independent of the Department, to review
| ||||||
8 | rules and regulations with respect to good time credits, to
| ||||||
9 | hear charges brought by the Department against certain | ||||||
10 | prisoners
alleged to have violated Department rules with | ||||||
11 | respect to good
time credits, to set release dates for certain | ||||||
12 | prisoners
sentenced under the law in effect prior to the | ||||||
13 | effective
date of this Amendatory Act of 1977, to hear requests | ||||||
14 | and
make recommendations to the Governor with respect to | ||||||
15 | pardon,
reprieve or commutation, to set conditions for parole | ||||||
16 | and
mandatory supervised release and determine whether | ||||||
17 | violations
of those conditions justify revocation of parole or | ||||||
18 | release,
and to assume all other functions previously exercised | ||||||
19 | by the
Illinois Parole and Pardon Board.
| ||||||
20 | (m) Whenever medical treatment, service, counseling, or
| ||||||
21 | care is referred to in this Unified Code of Corrections,
such | ||||||
22 | term may be construed by the Department or Court, within
its | ||||||
23 | discretion, to include treatment, service or counseling by
a | ||||||
24 | Christian Science practitioner or nursing care appropriate
| ||||||
25 | therewith whenever request therefor is made by a person subject
| ||||||
26 | to the provisions of this Act.
|
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| |||||||
1 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
2 | subsection (a) of
Section 3 of the Bill of Rights for Victims | ||||||
3 | and Witnesses of Violent Crime Act.
| ||||||
4 | (Source: P.A. 94-159, eff. 7-11-05; 94-696, eff. 6-1-06 .)
| ||||||
5 | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| ||||||
6 | Sec. 3-5-1. Master Record File.
| ||||||
7 | (a) The Department of Corrections and the Department of | ||||||
8 | Juvenile Justice shall
maintain a master record file on each | ||||||
9 | person committed to it,
which shall contain the following | ||||||
10 | information:
| ||||||
11 | (1) all information from the committing court;
| ||||||
12 | (2) reception summary;
| ||||||
13 | (3) evaluation and assignment reports and | ||||||
14 | recommendations;
| ||||||
15 | (4) reports as to program assignment and progress;
| ||||||
16 | (5) reports of disciplinary infractions and | ||||||
17 | disposition;
| ||||||
18 | (6) any parole plan;
| ||||||
19 | (7) any parole reports;
| ||||||
20 | (8) the date and circumstances of final discharge; | ||||||
21 | (9) The results of an HIV/AIDS and MRSA test | ||||||
22 | administered under subsection (i) of Section 3-6-2; and | ||||||
23 | (10) any
other pertinent data concerning the person's | ||||||
24 | background,
conduct, associations and family relationships | ||||||
25 | as may be
required by the respective Department. |
| |||||||
| |||||||
1 | A current summary index shall be
maintained on each file | ||||||
2 | which shall include the person's known active and
past
gang | ||||||
3 | affiliations and ranks.
| ||||||
4 | (b) All files shall be confidential and access shall be
| ||||||
5 | limited to authorized personnel of the respective Department.
| ||||||
6 | Personnel of other correctional, welfare or law enforcement
| ||||||
7 | agencies may have access to files under rules and regulations
| ||||||
8 | of the respective Department. The respective Department shall | ||||||
9 | keep a record of all
outside personnel who have access to | ||||||
10 | files, the files reviewed,
any file material copied, and the | ||||||
11 | purpose of access. If the
respective Department or the Prisoner | ||||||
12 | Review Board makes a determination
under this Code which | ||||||
13 | affects the length of the period of
confinement or commitment, | ||||||
14 | the committed person and his counsel
shall be advised of | ||||||
15 | factual information relied upon by the
respective Department or | ||||||
16 | Board to make the determination, provided that
the Department | ||||||
17 | or Board shall not be required to advise a
person committed to | ||||||
18 | the Department of Juvenile Justice any such information
which | ||||||
19 | in the opinion of the Department of Juvenile Justice or Board | ||||||
20 | would be
detrimental to his treatment or rehabilitation.
| ||||||
21 | (c) The master file shall be maintained at a place
| ||||||
22 | convenient to its use by personnel of the respective Department | ||||||
23 | in
charge of the person. When custody of a person is | ||||||
24 | transferred
from the Department to another department or | ||||||
25 | agency, a
summary of the file shall be forwarded to the | ||||||
26 | receiving
agency with such other information required by law or
|
| |||||||
| |||||||
1 | requested by the agency under rules and regulations of the
| ||||||
2 | respective Department.
| ||||||
3 | (d) The master file of a person no longer in the custody
of | ||||||
4 | the respective Department shall be placed on inactive status | ||||||
5 | and its
use shall be restricted subject to rules and | ||||||
6 | regulations of
the Department.
| ||||||
7 | (e) All public agencies may make available to the
| ||||||
8 | respective Department on request any factual data not otherwise
| ||||||
9 | privileged as a matter of law in their possession in respect
to | ||||||
10 | individuals committed to the respective Department.
| ||||||
11 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
12 | (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | ||||||
13 | Sec. 3-6-2. Institutions and Facility Administration.
| ||||||
14 | (a) Each institution and facility of the Department shall | ||||||
15 | be
administered by a chief administrative officer appointed by
| ||||||
16 | the Director. A chief administrative officer shall be
| ||||||
17 | responsible for all persons assigned to the institution or
| ||||||
18 | facility. The chief administrative officer shall administer
| ||||||
19 | the programs of the Department for the custody and treatment
of | ||||||
20 | such persons.
| ||||||
21 | (b) The chief administrative officer shall have such | ||||||
22 | assistants
as the Department may assign.
| ||||||
23 | (c) The Director or Assistant Director shall have the
| ||||||
24 | emergency powers to temporarily transfer individuals without
| ||||||
25 | formal procedures to any State, county, municipal or regional
|
| |||||||
| |||||||
1 | correctional or detention institution or facility in the State,
| ||||||
2 | subject to the acceptance of such receiving institution or
| ||||||
3 | facility, or to designate any reasonably secure place in the
| ||||||
4 | State as such an institution or facility and to make transfers
| ||||||
5 | thereto. However, transfers made under emergency powers shall
| ||||||
6 | be reviewed as soon as practicable under Article 8, and shall
| ||||||
7 | be subject to Section 5-905 of the Juvenile Court Act of
1987. | ||||||
8 | This Section shall not apply to transfers to the Department of
| ||||||
9 | Human Services which are provided for under
Section 3-8-5 or | ||||||
10 | Section 3-10-5.
| ||||||
11 | (d) The Department shall provide educational programs for | ||||||
12 | all
committed persons so that all persons have an opportunity | ||||||
13 | to
attain the achievement level equivalent to the completion of
| ||||||
14 | an associate, baccalaureate, or
higher degree from a community | ||||||
15 | college, college, or university located in
Illinois
the twelfth | ||||||
16 | grade in the public school system in this State .
Other higher | ||||||
17 | levels of attainment shall be encouraged and
professional | ||||||
18 | instruction shall be maintained wherever possible.
The | ||||||
19 | Department may establish programs of mandatory education and | ||||||
20 | may
establish rules and regulations for the administration of | ||||||
21 | such programs.
The costs of such educational programs shall be | ||||||
22 | paid by the Department
A person committed to the Department | ||||||
23 | who, during the period of his or her
incarceration, | ||||||
24 | participates in an educational program provided by or through
| ||||||
25 | the Department and through that program is awarded or earns the | ||||||
26 | number of
hours of credit required for the award of an |
| |||||||
| |||||||
1 | associate, baccalaureate, or
higher degree from a community | ||||||
2 | college, college, or university located in
Illinois shall | ||||||
3 | reimburse the State, through the Department, for the costs
| ||||||
4 | incurred by the State in providing that person during his or | ||||||
5 | her incarceration
with the education that qualifies him or her | ||||||
6 | for the award of that degree. The
costs for which reimbursement | ||||||
7 | is required under this subsection shall be
determined and | ||||||
8 | computed by the Department under rules and regulations that
it | ||||||
9 | shall establish for that purpose. However, interest at the rate | ||||||
10 | of 6%
per annum shall be charged on the balance of those costs | ||||||
11 | from time to time
remaining unpaid, from the date of the | ||||||
12 | person's parole, mandatory supervised
release, or release | ||||||
13 | constituting a final termination of his or her commitment
to | ||||||
14 | the Department until paid .
| ||||||
15 | (d-5) A person committed to the Department is entitled to | ||||||
16 | confidential testing for infection with human immunodeficiency | ||||||
17 | virus (HIV) and to counseling in connection with such testing, | ||||||
18 | with no copay to the committed person. A person committed to | ||||||
19 | the Department who has tested positive for infection with HIV | ||||||
20 | is entitled to medical care while incarcerated, counseling, and | ||||||
21 | referrals to support services, in connection with that positive | ||||||
22 | test result. Implementation of this subsection (d-5) is subject | ||||||
23 | to appropriation.
| ||||||
24 | (e) A person committed to the Department who becomes in | ||||||
25 | need
of medical or surgical treatment but is incapable of | ||||||
26 | giving
consent thereto shall receive such medical or surgical |
| |||||||
| |||||||
1 | treatment
by the chief administrative officer consenting on the | ||||||
2 | person's behalf.
Before the chief administrative officer | ||||||
3 | consents, he or she shall
obtain the advice of one or more | ||||||
4 | physicians licensed to practice medicine
in all its branches in | ||||||
5 | this State. If such physician or physicians advise:
| ||||||
6 | (1) that immediate medical or surgical treatment is | ||||||
7 | required
relative to a condition threatening to cause | ||||||
8 | death, damage or
impairment to bodily functions, or | ||||||
9 | disfigurement; and
| ||||||
10 | (2) that the person is not capable of giving consent to | ||||||
11 | such treatment;
the chief administrative officer may give | ||||||
12 | consent for such
medical or surgical treatment, and such | ||||||
13 | consent shall be
deemed to be the consent of the person for | ||||||
14 | all purposes,
including, but not limited to, the authority | ||||||
15 | of a physician
to give such treatment. | ||||||
16 | (e-5) If a physician providing medical care to a committed | ||||||
17 | person on behalf of the Department advises the chief | ||||||
18 | administrative officer that the committed person's mental or | ||||||
19 | physical health has deteriorated as a result of the cessation | ||||||
20 | of ingestion of food or liquid to the point where medical or | ||||||
21 | surgical treatment is required to prevent death, damage, or | ||||||
22 | impairment to bodily functions, the chief administrative | ||||||
23 | officer may authorize such medical or surgical treatment.
| ||||||
24 | (f) In the event that the person requires medical care and
| ||||||
25 | treatment at a place other than the institution or facility,
| ||||||
26 | the person may be removed therefrom under conditions prescribed
|
| |||||||
| |||||||
1 | by the Department.
The Department shall require the committed | ||||||
2 | person receiving medical or dental
services on a non-emergency | ||||||
3 | basis to pay a $2 co-payment to the Department for
each visit | ||||||
4 | for medical or dental services. The amount of each co-payment | ||||||
5 | shall be deducted from the
committed person's individual | ||||||
6 | account.
A committed person who has a chronic illness, as | ||||||
7 | defined by Department rules
and regulations, shall be exempt | ||||||
8 | from the $2 co-payment for treatment of the
chronic illness. A | ||||||
9 | committed person shall not be subject to a $2 co-payment
for | ||||||
10 | follow-up visits ordered by a physician, who is employed by, or | ||||||
11 | contracts
with, the Department. A committed person who is | ||||||
12 | indigent is exempt from the
$2 co-payment
and is entitled to | ||||||
13 | receive medical or dental services on the same basis as a
| ||||||
14 | committed person who is financially able to afford the | ||||||
15 | co-payment.
Notwithstanding any other provision in this | ||||||
16 | subsection (f) to the contrary,
any person committed to any | ||||||
17 | facility operated by the Department of Juvenile Justice, as set
| ||||||
18 | forth in Section 3-2.5-15 of this Code, is exempt from the
| ||||||
19 | co-payment requirement for the duration of confinement in those | ||||||
20 | facilities.
| ||||||
21 | (g) Any person having sole custody of a child at
the time | ||||||
22 | of commitment or any woman giving birth to a child after
her | ||||||
23 | commitment, may arrange through the Department of Children
and | ||||||
24 | Family Services for suitable placement of the child outside
of | ||||||
25 | the Department of Corrections. The Director of the Department
| ||||||
26 | of Corrections may determine that there are special reasons why
|
| |||||||
| |||||||
1 | the child should continue in the custody of the mother until | ||||||
2 | the
child is 6 years old.
| ||||||
3 | (h) The Department may provide Family Responsibility | ||||||
4 | Services which
may consist of, but not be limited to the | ||||||
5 | following:
| ||||||
6 | (1) family advocacy counseling;
| ||||||
7 | (2) parent self-help group;
| ||||||
8 | (3) parenting skills training;
| ||||||
9 | (4) parent and child overnight program;
| ||||||
10 | (5) parent and child reunification counseling, either | ||||||
11 | separately or
together, preceding the inmate's release; | ||||||
12 | and
| ||||||
13 | (6) a prerelease reunification staffing involving the | ||||||
14 | family advocate,
the inmate and the child's counselor, or | ||||||
15 | both and the inmate.
| ||||||
16 | (i) The Department of Corrections, in consultation with the | ||||||
17 | Department of Public Health, shall develop and implement an
| ||||||
18 | HIV/AIDS
and MRSA prevention education program targeted to
| ||||||
19 | offenders incarcerated in Department of Corrections | ||||||
20 | facilities, significant
others, and families of adult and | ||||||
21 | juvenile prison inmates.
Through this program, the Illinois | ||||||
22 | Department of Corrections shall: (1)
provide, in all public | ||||||
23 | places of detention facilities
and prisons, printed | ||||||
24 | information on the transmission and prevention of
HIV/AIDS, | ||||||
25 | hepatitis C, MRSA, and other sexually transmitted
diseases and | ||||||
26 | referral
information to community-based providers of
HIV/AIDS |
| |||||||
| |||||||
1 | prevention, HIV/AIDS treatment, and HIV/AIDS counseling and
| ||||||
2 | testing services throughout Illinois; (2) display in all public | ||||||
3 | places
of detention facilities and prisons in which video | ||||||
4 | equipment is available an HIV/AIDS and MRSA informational
| ||||||
5 | video, produced by a national organization with expertise in | ||||||
6 | HIV/AIDS
prevention; (3) provide written information on the
| ||||||
7 | transmission and prevention of HIV/AIDS, hepatitis C, MRSA, and | ||||||
8 | other sexually
transmitted diseases to all inmates upon | ||||||
9 | entrance to a
detention center or prison and offer voluntary | ||||||
10 | HIV/AIDS and MRSA testing to all inmates;
and
(4) provide | ||||||
11 | written information on the transmission
and prevention of | ||||||
12 | HIV/AIDS, hepatitis C, MRSA, and other sexually transmitted
| ||||||
13 | diseases to all inmates just prior to their release from
| ||||||
14 | custody and referral to appropriate community based | ||||||
15 | organizations that provide
HIV/AIDS services and HIV/AIDS | ||||||
16 | counseling and
testing. | ||||||
17 | Upon admission of a committed person to a Department of | ||||||
18 | Corrections facility as part of his or her comprehensive | ||||||
19 | physical examination and immediately prior to release of that | ||||||
20 | person, the committed person shall be required to take a test | ||||||
21 | for HIV/AIDS and MRSA administered by the Department.
Prior to | ||||||
22 | the release of any inmate who has a documented history
of | ||||||
23 | intravenous drug use, and upon the receipt of that inmate's | ||||||
24 | written
informed consent, the Department shall provide for the | ||||||
25 | testing of such
inmate for infection with human | ||||||
26 | immunodeficiency virus (HIV) and any other
identified |
| |||||||
| |||||||
1 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
2 | The
testing provided under this subsection shall consist of an | ||||||
3 | enzyme-linked
immunosorbent assay (ELISA) test or such other | ||||||
4 | test as may be approved by
the Illinois Department of Public | ||||||
5 | Health. If the test result is positive,
the Western Blot Assay | ||||||
6 | or more reliable confirmatory test shall be
administered. Each | ||||||
7 | committed person
All inmates tested in accordance with the | ||||||
8 | provisions of this
subsection shall be provided with HIV/AIDS | ||||||
9 | and MRSA
pre-test and post-test counseling.
If the test result | ||||||
10 | is positive, the committed person shall receive medical care | ||||||
11 | for the infection paid by the Department during the committed | ||||||
12 | person's incarceration. The Department shall develop a | ||||||
13 | specialized discharge plan for a committed person who tests | ||||||
14 | positive for HIV/AIDS or MRSA. The Department, in consultation | ||||||
15 | with the Department of Public Health and Prisoner Review Board, | ||||||
16 | shall provide community reentry services for committed persons | ||||||
17 | who test positive for HIV/AIDS or MRSA. Upon the release of the | ||||||
18 | committed person from incarceration, the costs of medical | ||||||
19 | treatment and counseling for HIV/AIDS and MRSA shall be paid by | ||||||
20 | the Department of Healthcare and Family Services. | ||||||
21 | One year after the implementation of this amendatory Act of | ||||||
22 | the 95th General Assembly, the Department of Corrections shall | ||||||
23 | report to the General Assembly on the effectiveness of the | ||||||
24 | program created by this amendatory Act in preventing HIV/AIDS | ||||||
25 | and MRSA.
Notwithstanding any provision of this subsection to | ||||||
26 | the contrary, the
Department shall not be required to conduct |
| |||||||
| |||||||
1 | the testing and counseling
required by this subsection unless | ||||||
2 | sufficient funds to cover all costs of
such testing and | ||||||
3 | counseling are appropriated for that
purpose by the General | ||||||
4 | Assembly.
| ||||||
5 | (j) Any person convicted of a sex offense as defined in the | ||||||
6 | Sex Offender
Management Board Act shall be required to receive | ||||||
7 | a sex offender evaluation
prior to release into the community | ||||||
8 | from the Department of Corrections. The
sex offender evaluation | ||||||
9 | shall be conducted in conformance with the standards
and | ||||||
10 | guidelines developed under
the Sex Offender Management Board | ||||||
11 | Act and by an evaluator approved by the
Board.
| ||||||
12 | (k) Any minor committed to the Department of Juvenile | ||||||
13 | Justice
for a sex offense as defined by the Sex Offender | ||||||
14 | Management Board Act shall be
required to undergo sex offender | ||||||
15 | treatment by a treatment provider approved by
the Board and | ||||||
16 | conducted in conformance with the Sex Offender Management Board
| ||||||
17 | Act.
| ||||||
18 | (l) Prior to the release of any inmate, the Department must | ||||||
19 | provide the inmate with the option of testing for infection | ||||||
20 | with human immunodeficiency virus (HIV), as well as counseling | ||||||
21 | in connection with such testing, with no copayment for the | ||||||
22 | test. At the same time, the Department shall require each such | ||||||
23 | inmate to sign a form stating that the inmate has been informed | ||||||
24 | of his or her rights with respect to the testing required to be | ||||||
25 | offered under this subsection (l) and providing the inmate with | ||||||
26 | an opportunity to indicate either that he or she wants to be |
| |||||||
| |||||||
1 | tested or that he or she does not want to be tested. The | ||||||
2 | Department, in consultation with the Department of Public | ||||||
3 | Health, shall prescribe the contents of the form. The
testing | ||||||
4 | provided under this subsection (l) shall consist of an | ||||||
5 | enzyme-linked
immunosorbent assay (ELISA) test or any other | ||||||
6 | test approved by
the Department of Public Health. If the test | ||||||
7 | result is positive,
the Western Blot Assay or more reliable | ||||||
8 | confirmatory test shall be
administered. | ||||||
9 | Prior to the release of an inmate who the Department knows | ||||||
10 | has tested positive for infection with HIV, the Department in a | ||||||
11 | timely manner shall offer the inmate transitional case | ||||||
12 | management, including referrals to other support services.
| ||||||
13 | Implementation of this subsection (l) is subject to | ||||||
14 | appropriation.
| ||||||
15 | (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629, | ||||||
16 | eff. 1-1-06; 94-696, eff. 6-1-06 .)
| ||||||
17 | (730 ILCS 5/5-1-9.1 new)
| ||||||
18 | Sec. 5-1-9.1. HIV/AIDS. "HIV/AIDS" has the meaning | ||||||
19 | ascribed to it in Section 3-1-2 of this Code. | ||||||
20 | (730 ILCS 5/5-1-14.1 new)
| ||||||
21 | Sec. 5-1-14.1. MRSA. "MRSA" has the meaning ascribed to it | ||||||
22 | in Section 3-1-2 of this Code.
| ||||||
23 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
| |||||||
| |||||||
1 | (Text of Section before amendment by P.A. 94-1035 )
| ||||||
2 | Sec. 5-5-3. Disposition.
| ||||||
3 | (a) Except as provided in Section 11-501 of the Illinois | ||||||
4 | Vehicle Code, every person convicted of an offense shall be | ||||||
5 | sentenced as provided
in this Section.
| ||||||
6 | (b) The following options shall be appropriate | ||||||
7 | dispositions, alone
or in combination, for all felonies and | ||||||
8 | misdemeanors other than those
identified in subsection (c) of | ||||||
9 | this Section:
| ||||||
10 | (1) A period of probation.
| ||||||
11 | (2) A term of periodic imprisonment.
| ||||||
12 | (3) A term of conditional discharge.
| ||||||
13 | (4) A term of imprisonment.
| ||||||
14 | (5) An order directing the offender to clean up and | ||||||
15 | repair the
damage, if the offender was convicted under | ||||||
16 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
17 | (now repealed).
| ||||||
18 | (6) A fine.
| ||||||
19 | (7) An order directing the offender to make restitution | ||||||
20 | to the
victim under Section 5-5-6 of this Code.
| ||||||
21 | (8) A sentence of participation in a county impact | ||||||
22 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
23 | (9) A term of imprisonment in combination with a term | ||||||
24 | of probation when the offender has been admitted into a | ||||||
25 | drug court program under Section 20 of the Drug Court | ||||||
26 | Treatment Act.
|
| |||||||
| |||||||
1 | Neither a fine nor restitution shall be the sole | ||||||
2 | disposition
for a felony and either or both may be imposed only | ||||||
3 | in conjunction with
another disposition.
| ||||||
4 | (c) (1) When a defendant is found guilty of first degree | ||||||
5 | murder the
State may either seek a sentence of imprisonment | ||||||
6 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
7 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
8 | of 1961.
| ||||||
9 | (2) A period of probation, a term of periodic | ||||||
10 | imprisonment or
conditional discharge shall not be imposed | ||||||
11 | for the following offenses.
The court shall sentence the | ||||||
12 | offender to not less than the minimum term
of imprisonment | ||||||
13 | set forth in this Code for the following offenses, and
may | ||||||
14 | order a fine or restitution or both in conjunction with | ||||||
15 | such term of
imprisonment:
| ||||||
16 | (A) First degree murder where the death penalty is | ||||||
17 | not imposed.
| ||||||
18 | (B) Attempted first degree murder.
| ||||||
19 | (C) A Class X felony.
| ||||||
20 | (D) A violation of Section 401.1 or 407 of the
| ||||||
21 | Illinois Controlled Substances Act, or a violation of | ||||||
22 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
23 | which relates to more than 5 grams of a substance
| ||||||
24 | containing heroin or cocaine or an analog thereof.
| ||||||
25 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
26 | Control
Act.
|
| |||||||
| |||||||
1 | (F) A Class 2 or greater felony if the offender had | ||||||
2 | been convicted
of a Class 2 or greater felony within 10 | ||||||
3 | years of the date on which the
offender
committed the | ||||||
4 | offense for which he or she is being sentenced, except | ||||||
5 | as
otherwise provided in Section 40-10 of the | ||||||
6 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
7 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
8 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
9 | imprisonment is prescribed in those Sections.
| ||||||
10 | (G) Residential burglary, except as otherwise | ||||||
11 | provided in Section 40-10
of the Alcoholism and Other | ||||||
12 | Drug Abuse and Dependency Act.
| ||||||
13 | (H) Criminal sexual assault.
| ||||||
14 | (I) Aggravated battery of a senior citizen.
| ||||||
15 | (J) A forcible felony if the offense was related to | ||||||
16 | the activities of an
organized gang.
| ||||||
17 | Before July 1, 1994, for the purposes of this | ||||||
18 | paragraph, "organized
gang" means an association of 5 | ||||||
19 | or more persons, with an established hierarchy,
that | ||||||
20 | encourages members of the association to perpetrate | ||||||
21 | crimes or provides
support to the members of the | ||||||
22 | association who do commit crimes.
| ||||||
23 | Beginning July 1, 1994, for the purposes of this | ||||||
24 | paragraph,
"organized gang" has the meaning ascribed | ||||||
25 | to it in Section 10 of the Illinois
Streetgang | ||||||
26 | Terrorism Omnibus Prevention Act.
|
| |||||||
| |||||||
1 | (K) Vehicular hijacking.
| ||||||
2 | (L) A second or subsequent conviction for the | ||||||
3 | offense of hate crime
when the underlying offense upon | ||||||
4 | which the hate crime is based is felony
aggravated
| ||||||
5 | assault or felony mob action.
| ||||||
6 | (M) A second or subsequent conviction for the | ||||||
7 | offense of institutional
vandalism if the damage to the | ||||||
8 | property exceeds $300.
| ||||||
9 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
10 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
11 | Identification Card Act.
| ||||||
12 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
13 | Code of 1961.
| ||||||
14 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
15 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
16 | Criminal Code of 1961.
| ||||||
17 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
18 | Criminal Code of
1961.
| ||||||
19 | (R) A violation of Section 24-3A of the Criminal | ||||||
20 | Code of
1961.
| ||||||
21 | (S) (Blank).
| ||||||
22 | (T) A second or subsequent violation of the | ||||||
23 | Methamphetamine Control and Community Protection Act.
| ||||||
24 | (3) (Blank).
| ||||||
25 | (4) A minimum term of imprisonment of not less than 10
| ||||||
26 | consecutive days or 30 days of community service shall be |
| |||||||
| |||||||
1 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
2 | of the Illinois Vehicle Code.
| ||||||
3 | (4.1) (Blank).
| ||||||
4 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
5 | subsection (c), a
minimum of
100 hours of community service | ||||||
6 | shall be imposed for a second violation of
Section 6-303
of | ||||||
7 | the Illinois Vehicle Code.
| ||||||
8 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
9 | hours of community
service, as determined by the court, | ||||||
10 | shall
be imposed for a second violation of subsection (c) | ||||||
11 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
12 | (4.4) Except as provided in paragraph (4.5) and | ||||||
13 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
14 | imprisonment of 30 days or 300 hours of community service, | ||||||
15 | as
determined by the court, shall
be imposed
for a third or | ||||||
16 | subsequent violation of Section 6-303 of the Illinois | ||||||
17 | Vehicle
Code.
| ||||||
18 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
19 | be imposed for a third violation of subsection (c) of
| ||||||
20 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
21 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
22 | be imposed for a
fourth or subsequent violation of | ||||||
23 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
24 | Code.
| ||||||
25 | (5) The court may sentence an offender convicted of a | ||||||
26 | business
offense or a petty offense or a corporation or |
| |||||||
| |||||||
1 | unincorporated
association 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 | 5-5-6 of this Code.
| ||||||
6 | (5.1) In addition to any penalties imposed under | ||||||
7 | paragraph (5) of this
subsection (c), and except as | ||||||
8 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
9 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
10 | Vehicle Code shall have his or her driver's license, | ||||||
11 | permit, or privileges
suspended for at least 90 days but | ||||||
12 | not more than one year, if the violation
resulted in damage | ||||||
13 | to the property of another person.
| ||||||
14 | (5.2) In addition to any penalties imposed under | ||||||
15 | paragraph (5) of this
subsection (c), and except as | ||||||
16 | provided in paragraph (5.3), a person convicted
of | ||||||
17 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
18 | Vehicle Code
shall have his or her driver's license, | ||||||
19 | permit, or privileges suspended for at
least 180 days but | ||||||
20 | not more than 2 years, if the violation resulted in injury
| ||||||
21 | to
another person.
| ||||||
22 | (5.3) In addition to any penalties imposed under | ||||||
23 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
24 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
25 | Vehicle Code shall have his or her driver's license,
| ||||||
26 | permit, or privileges suspended for 2 years, if the |
| |||||||
| |||||||
1 | violation resulted in the
death of another person.
| ||||||
2 | (6) In no case shall an offender be eligible for a | ||||||
3 | disposition of
probation or conditional discharge for a | ||||||
4 | Class 1 felony committed while
he was serving a term of | ||||||
5 | probation or conditional discharge for a felony.
| ||||||
6 | (7) When a defendant is adjudged a habitual criminal | ||||||
7 | under Article
33B of the Criminal Code of 1961, the court | ||||||
8 | shall sentence
the defendant to a term of natural life | ||||||
9 | imprisonment.
| ||||||
10 | (8) When a defendant, over the age of 21 years, is | ||||||
11 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
12 | twice been convicted
in any state or
federal court of an | ||||||
13 | offense that contains the same elements as an offense now
| ||||||
14 | classified in Illinois as a Class 2 or greater Class felony
| ||||||
15 | and such charges are
separately brought and tried and arise | ||||||
16 | out of different series of acts,
such defendant shall be | ||||||
17 | sentenced as a Class X offender. This paragraph
shall not | ||||||
18 | apply unless (1) the first felony was committed after the
| ||||||
19 | effective date of this amendatory Act of 1977; and (2) the | ||||||
20 | second felony
was committed after conviction on the first; | ||||||
21 | and (3) the third felony
was committed after conviction on | ||||||
22 | the second.
A person sentenced as a Class X offender under | ||||||
23 | this paragraph is not
eligible to apply for treatment as a | ||||||
24 | condition of probation as provided by
Section 40-10 of the | ||||||
25 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
26 | (9) A defendant convicted of a second or subsequent |
| |||||||
| |||||||
1 | offense of ritualized
abuse of a child may be sentenced to | ||||||
2 | a term of natural life imprisonment.
| ||||||
3 | (10) (Blank).
| ||||||
4 | (11) The court shall impose a minimum fine of $1,000 | ||||||
5 | for a first offense
and $2,000 for a second or subsequent | ||||||
6 | offense upon a person convicted of or
placed on supervision | ||||||
7 | for battery when the individual harmed was a sports
| ||||||
8 | official or coach at any level of competition and the act | ||||||
9 | causing harm to the
sports
official or coach occurred | ||||||
10 | within an athletic facility or within the immediate | ||||||
11 | vicinity
of the athletic facility at which the sports | ||||||
12 | official or coach was an active
participant
of the athletic | ||||||
13 | contest held at the athletic facility. For the purposes of
| ||||||
14 | this paragraph (11), "sports official" means a person at an | ||||||
15 | athletic contest
who enforces the rules of the contest, | ||||||
16 | such as an umpire or referee; "athletic facility" means an | ||||||
17 | indoor or outdoor playing field or recreational area where | ||||||
18 | sports activities are conducted;
and "coach" means a person | ||||||
19 | recognized as a coach by the sanctioning
authority that | ||||||
20 | conducted the sporting event. | ||||||
21 | (12) A person may not receive a disposition of court | ||||||
22 | supervision for a
violation of Section 5-16 of the Boat | ||||||
23 | Registration and Safety Act if that
person has previously | ||||||
24 | received a disposition of court supervision for a
violation | ||||||
25 | of that Section.
| ||||||
26 | (d) In any case in which a sentence originally imposed is |
| |||||||
| |||||||
1 | vacated,
the case shall be remanded to the trial court. The | ||||||
2 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
3 | Unified Code of Corrections
which may include evidence of the | ||||||
4 | defendant's life, moral character and
occupation during the | ||||||
5 | time since the original sentence was passed. The
trial court | ||||||
6 | shall then impose sentence upon the defendant. The trial
court | ||||||
7 | may impose any sentence which could have been imposed at the
| ||||||
8 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
9 | Corrections.
If a sentence is vacated on appeal or on | ||||||
10 | collateral attack due to the
failure of the trier of fact at | ||||||
11 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
12 | fact (other than a prior conviction) necessary to increase the
| ||||||
13 | punishment for the offense beyond the statutory maximum | ||||||
14 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
15 | to a term within the range otherwise
provided or, if the State | ||||||
16 | files notice of its intention to again seek the
extended | ||||||
17 | sentence, the defendant shall be afforded a new trial.
| ||||||
18 | (e) In cases where prosecution for
aggravated criminal | ||||||
19 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
20 | results in conviction of a defendant
who was a family member of | ||||||
21 | the victim at the time of the commission of the
offense, the | ||||||
22 | court shall consider the safety and welfare of the victim and
| ||||||
23 | may impose a sentence of probation only where:
| ||||||
24 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
25 | (A) the defendant is willing to undergo a court | ||||||
26 | approved counseling
program for a minimum duration of 2 |
| |||||||
| |||||||
1 | years; or
| ||||||
2 | (B) the defendant is willing to participate in a | ||||||
3 | court approved plan
including but not limited to the | ||||||
4 | defendant's:
| ||||||
5 | (i) removal from the household;
| ||||||
6 | (ii) restricted contact with the victim;
| ||||||
7 | (iii) continued financial support of the | ||||||
8 | family;
| ||||||
9 | (iv) restitution for harm done to the victim; | ||||||
10 | and
| ||||||
11 | (v) compliance with any other measures that | ||||||
12 | the court may
deem appropriate; and
| ||||||
13 | (2) the court orders the defendant to pay for the | ||||||
14 | victim's counseling
services, to the extent that the court | ||||||
15 | finds, after considering the
defendant's income and | ||||||
16 | assets, that the defendant is financially capable of
paying | ||||||
17 | for such services, if the victim was under 18 years of age | ||||||
18 | at the
time the offense was committed and requires | ||||||
19 | counseling as a result of the
offense.
| ||||||
20 | Probation may be revoked or modified pursuant to Section | ||||||
21 | 5-6-4; except
where the court determines at the hearing that | ||||||
22 | the defendant violated a
condition of his or her probation | ||||||
23 | restricting contact with the victim or
other family members or | ||||||
24 | commits another offense with the victim or other
family | ||||||
25 | members, the court shall revoke the defendant's probation and
| ||||||
26 | impose a term of imprisonment.
|
| |||||||
| |||||||
1 | For the purposes of this Section, "family member" and | ||||||
2 | "victim" shall have
the meanings ascribed to them in Section | ||||||
3 | 12-12 of the Criminal Code of
1961.
| ||||||
4 | (f) This Article shall not deprive a court in other | ||||||
5 | proceedings to
order a forfeiture of property, to suspend or | ||||||
6 | cancel a license, to
remove a person from office, or to impose | ||||||
7 | any other civil penalty.
| ||||||
8 | (g) Whenever a defendant is convicted of an offense under | ||||||
9 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
10 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
11 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
12 | medical testing to
determine whether the defendant has any | ||||||
13 | sexually transmissible disease,
including a test for infection | ||||||
14 | with human immunodeficiency virus (HIV) or
any other identified | ||||||
15 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
16 | Any such medical test shall be performed only by appropriately
| ||||||
17 | licensed medical practitioners and may include an analysis of | ||||||
18 | any bodily
fluids as well as an examination of the defendant's | ||||||
19 | person.
Except as otherwise provided by law, the results of | ||||||
20 | such test shall be kept
strictly confidential by all medical | ||||||
21 | personnel involved in the testing and must
be personally | ||||||
22 | delivered in a sealed envelope to the judge of the court in | ||||||
23 | which
the conviction was entered for the judge's inspection in | ||||||
24 | camera. Acting in
accordance with the best interests of the | ||||||
25 | victim and the public, the judge
shall have the discretion to | ||||||
26 | determine to whom, if anyone, the results of the
testing may be |
| |||||||
| |||||||
1 | revealed. The court shall notify the defendant
of the test | ||||||
2 | results. The court shall
also notify the victim if requested by | ||||||
3 | the victim, and if the victim is under
the age of 15 and if | ||||||
4 | requested by the victim's parents or legal guardian, the
court | ||||||
5 | shall notify the victim's parents or legal guardian of the test
| ||||||
6 | results.
The court shall provide information on the | ||||||
7 | availability of HIV testing
and counseling at Department of | ||||||
8 | Public Health facilities to all parties to
whom the results of | ||||||
9 | the testing are revealed and shall direct the State's
Attorney | ||||||
10 | to provide the information to the victim when possible.
A | ||||||
11 | State's Attorney may petition the court to obtain the results | ||||||
12 | of any HIV test
administered under this Section, and the court | ||||||
13 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
14 | relevant in order to prosecute a charge of
criminal | ||||||
15 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
16 | of 1961
against the defendant. The court shall order that the | ||||||
17 | cost of any such test
shall be paid by the county and may be | ||||||
18 | taxed as costs against the convicted
defendant.
| ||||||
19 | (g-5) When an inmate is tested for an airborne communicable | ||||||
20 | disease, as
determined by the Illinois Department of Public | ||||||
21 | Health including but not
limited to tuberculosis, the results | ||||||
22 | of the test shall be
personally delivered by the warden or his | ||||||
23 | or her designee in a sealed envelope
to the judge of the court | ||||||
24 | in which the inmate must appear for the judge's
inspection in | ||||||
25 | camera if requested by the judge. Acting in accordance with the
| ||||||
26 | best interests of those in the courtroom, the judge shall have |
| |||||||
| |||||||
1 | the discretion
to determine what if any precautions need to be | ||||||
2 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
3 | (h) Whenever a defendant is convicted of an offense under | ||||||
4 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
5 | defendant shall undergo
medical testing to determine whether | ||||||
6 | the defendant has been exposed to human
immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of
acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
9 | by
law, the results of such test shall be kept strictly | ||||||
10 | confidential by all
medical personnel involved in the testing | ||||||
11 | and must be personally delivered in a
sealed envelope to the | ||||||
12 | judge of the court in which the conviction was entered
for the | ||||||
13 | judge's inspection in camera. Acting in accordance with the | ||||||
14 | best
interests of the public, the judge shall have the | ||||||
15 | discretion to determine to
whom, if anyone, the results of the | ||||||
16 | testing may be revealed. The court shall
notify the defendant | ||||||
17 | of a positive test showing an infection with the human
| ||||||
18 | immunodeficiency virus (HIV). The court shall provide | ||||||
19 | information on the
availability of HIV testing and counseling | ||||||
20 | at Department of Public Health
facilities to all parties to | ||||||
21 | whom the results of the testing are revealed and
shall direct | ||||||
22 | the State's Attorney to provide the information to the victim | ||||||
23 | when
possible. A State's Attorney may petition the court to | ||||||
24 | obtain the results of
any HIV test administered under this | ||||||
25 | Section, and the court shall grant the
disclosure if the | ||||||
26 | State's Attorney shows it is relevant in order to prosecute a
|
| |||||||
| |||||||
1 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
2 | the Criminal
Code of 1961 against the defendant. The court | ||||||
3 | shall order that the cost of any
such test shall be paid by the | ||||||
4 | county and may be taxed as costs against the
convicted | ||||||
5 | defendant.
| ||||||
6 | (i) All fines and penalties imposed under this Section for | ||||||
7 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
8 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
9 | any violation
of the Child Passenger Protection Act, or a | ||||||
10 | similar provision of a local
ordinance, shall be collected and | ||||||
11 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
12 | of the Clerks of Courts Act.
| ||||||
13 | (j) In cases when prosecution for any violation of Section | ||||||
14 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||||||
15 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
16 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
17 | Code of 1961, any violation of the Illinois Controlled | ||||||
18 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
19 | any violation of the Methamphetamine Control and Community | ||||||
20 | Protection Act results in conviction, a
disposition of court | ||||||
21 | supervision, or an order of probation granted under
Section 10 | ||||||
22 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
23 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
24 | Control and Community Protection Act of a defendant, the court | ||||||
25 | shall determine whether the
defendant is employed by a facility | ||||||
26 | or center as defined under the Child Care
Act of 1969, a public |
| |||||||
| |||||||
1 | or private elementary or secondary school, or otherwise
works | ||||||
2 | with children under 18 years of age on a daily basis. When a | ||||||
3 | defendant
is so employed, the court shall order the Clerk of | ||||||
4 | the Court to send a copy of
the judgment of conviction or order | ||||||
5 | of supervision or probation to the
defendant's employer by | ||||||
6 | certified mail.
If the employer of the defendant is a school, | ||||||
7 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
8 | the judgment of conviction or order of
supervision or probation | ||||||
9 | to the appropriate regional superintendent of schools.
The | ||||||
10 | regional superintendent of schools shall notify the State Board | ||||||
11 | of
Education of any notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing the high
school level Test of | ||||||
20 | General Educational Development (GED) or to work toward
| ||||||
21 | completing a vocational training program offered by the | ||||||
22 | Department of
Corrections. The education courses shall also | ||||||
23 | consist of HIV/AIDS, MRSA, and hepatitis C prevention | ||||||
24 | education. The costs of the educational courses shall be paid | ||||||
25 | by the Department. If a defendant fails to complete the | ||||||
26 | educational training
required by his or her sentence during the |
| |||||||
| |||||||
1 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
2 | condition of mandatory supervised release, require the
| ||||||
3 | defendant , at his or her own expense, to pursue a course of | ||||||
4 | study toward a high
school diploma or passage of the GED test. | ||||||
5 | The costs of the educational courses shall be paid by the | ||||||
6 | Department. The Prisoner Review Board shall
revoke the | ||||||
7 | mandatory supervised release of a defendant who wilfully fails | ||||||
8 | to
comply with this subsection (j-5) upon his or her release | ||||||
9 | from confinement in a
penal institution while serving a | ||||||
10 | mandatory supervised release term ; however,
the inability of | ||||||
11 | the defendant after making a good faith effort to obtain
| ||||||
12 | financial aid or pay for the educational training shall not be | ||||||
13 | deemed a wilful
failure to comply . The Prisoner Review Board | ||||||
14 | shall recommit the defendant
whose mandatory supervised | ||||||
15 | release term has been revoked under this subsection
(j-5) as | ||||||
16 | provided in Section 3-3-9. This subsection (j-5) does not apply | ||||||
17 | to a
defendant who has a high school diploma or has | ||||||
18 | successfully passed the GED
test. This subsection (j-5) does | ||||||
19 | not apply to a defendant who is determined by
the court to be | ||||||
20 | developmentally disabled or otherwise mentally incapable of
| ||||||
21 | completing the educational or vocational program.
| ||||||
22 | (j-6) A defendant at least 17 years of age who has a high | ||||||
23 | school diploma or who has passed the high
school level Test of | ||||||
24 | General Educational Development (GED) and who is convicted of a | ||||||
25 | felony and who is
sentenced to a term of imprisonment in the | ||||||
26 | Illinois Department of Corrections shall be provided with an |
| |||||||
| |||||||
1 | educational program that leads to the completion of an | ||||||
2 | associate, baccalaureate, or
higher degree as provided in | ||||||
3 | subsection (d) of Section 3-6-2.
| ||||||
4 | (k) A court may not impose a sentence or disposition for a
| ||||||
5 | felony or misdemeanor that requires the defendant to be | ||||||
6 | implanted or injected
with or to use any form of birth control.
| ||||||
7 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
8 | (l), whenever a defendant,
who is an alien as defined by | ||||||
9 | the Immigration and Nationality Act, is convicted
of any | ||||||
10 | felony or misdemeanor offense, the court after sentencing | ||||||
11 | the defendant
may, upon motion of the State's Attorney, | ||||||
12 | hold sentence in abeyance and remand
the defendant to the | ||||||
13 | custody of the Attorney General of
the United States or his | ||||||
14 | or her designated agent to be deported when:
| ||||||
15 | (1) a final order of deportation has been issued | ||||||
16 | against the defendant
pursuant to proceedings under | ||||||
17 | the Immigration and Nationality Act, and
| ||||||
18 | (2) the deportation of the defendant would not | ||||||
19 | deprecate the seriousness
of the defendant's conduct | ||||||
20 | and would not be inconsistent with the ends of
justice.
| ||||||
21 | Otherwise, the defendant shall be sentenced as | ||||||
22 | provided in this Chapter V.
| ||||||
23 | (B) If the defendant has already been sentenced for a | ||||||
24 | felony or
misdemeanor
offense, or has been placed on | ||||||
25 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
26 | Section 410 of the Illinois Controlled Substances Act, or |
| |||||||
| |||||||
1 | Section 70 of the Methamphetamine Control and Community | ||||||
2 | Protection Act, the court
may, upon motion of the State's | ||||||
3 | Attorney to suspend the
sentence imposed, commit the | ||||||
4 | defendant to the custody of the Attorney General
of the | ||||||
5 | United States or his or her designated agent when:
| ||||||
6 | (1) a final order of deportation has been issued | ||||||
7 | against the defendant
pursuant to proceedings under | ||||||
8 | the Immigration and Nationality Act, and
| ||||||
9 | (2) the deportation of the defendant would not | ||||||
10 | deprecate the seriousness
of the defendant's conduct | ||||||
11 | and would not be inconsistent with the ends of
justice.
| ||||||
12 | (C) This subsection (l) does not apply to offenders who | ||||||
13 | are subject to the
provisions of paragraph (2) of | ||||||
14 | subsection (a) of Section 3-6-3.
| ||||||
15 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
16 | sentenced under
this Section returns to the jurisdiction of | ||||||
17 | the United States, the defendant
shall be recommitted to | ||||||
18 | the custody of the county from which he or she was
| ||||||
19 | sentenced.
Thereafter, the defendant shall be brought | ||||||
20 | before the sentencing court, which
may impose any sentence | ||||||
21 | that was available under Section 5-5-3 at the time of
| ||||||
22 | initial sentencing. In addition, the defendant shall not be | ||||||
23 | eligible for
additional good conduct credit for | ||||||
24 | meritorious service as provided under
Section 3-6-6.
| ||||||
25 | (m) A person convicted of criminal defacement of property | ||||||
26 | under Section
21-1.3 of the Criminal Code of 1961, in which the |
| |||||||
| |||||||
1 | property damage exceeds $300
and the property damaged is a | ||||||
2 | school building, shall be ordered to perform
community service | ||||||
3 | that may include cleanup, removal, or painting over the
| ||||||
4 | defacement.
| ||||||
5 | (n) The court may sentence a person convicted of a | ||||||
6 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
7 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
8 | person is otherwise eligible for that program
under Section | ||||||
9 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
10 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
11 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
12 | program licensed under that
Act. | ||||||
13 | (o) Whenever a person is convicted of a sex offense as | ||||||
14 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
15 | defendant's driver's license or permit shall be subject to | ||||||
16 | renewal on an annual basis in accordance with the provisions of | ||||||
17 | license renewal established by the Secretary of State.
| ||||||
18 | (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||||||
19 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||||||
20 | eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||||||
21 | eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||||||
22 | eff. 9-11-05; 94-993, eff. 1-1-07.)
| ||||||
23 | (Text of Section after amendment by P.A. 94-1035 ) | ||||||
24 | Sec. 5-5-3. Disposition.
| ||||||
25 | (a) Except as provided in Section 11-501 of the Illinois |
| |||||||
| |||||||
1 | Vehicle Code, every person convicted of an offense shall be | ||||||
2 | sentenced as provided
in this Section.
| ||||||
3 | (b) The following options shall be appropriate | ||||||
4 | dispositions, alone
or in combination, for all felonies and | ||||||
5 | misdemeanors other than those
identified in subsection (c) of | ||||||
6 | this Section:
| ||||||
7 | (1) A period of probation.
| ||||||
8 | (2) A term of periodic imprisonment.
| ||||||
9 | (3) A term of conditional discharge.
| ||||||
10 | (4) A term of imprisonment.
| ||||||
11 | (5) An order directing the offender to clean up and | ||||||
12 | repair the
damage, if the offender was convicted under | ||||||
13 | paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||||||
14 | (now repealed).
| ||||||
15 | (6) A fine.
| ||||||
16 | (7) An order directing the offender to make restitution | ||||||
17 | to the
victim under Section 5-5-6 of this Code.
| ||||||
18 | (8) A sentence of participation in a county impact | ||||||
19 | incarceration
program under Section 5-8-1.2 of this Code. | ||||||
20 | (9) A term of imprisonment in combination with a term | ||||||
21 | of probation when the offender has been admitted into a | ||||||
22 | drug court program under Section 20 of the Drug Court | ||||||
23 | Treatment Act.
| ||||||
24 | Neither a fine nor restitution shall be the sole | ||||||
25 | disposition
for a felony and either or both may be imposed only | ||||||
26 | in conjunction with
another disposition.
|
| |||||||
| |||||||
1 | (c) (1) When a defendant is found guilty of first degree | ||||||
2 | murder the
State may either seek a sentence of imprisonment | ||||||
3 | under Section 5-8-1 of
this Code, or where appropriate seek | ||||||
4 | a sentence of death under Section 9-1
of the Criminal Code | ||||||
5 | of 1961.
| ||||||
6 | (2) A period of probation, a term of periodic | ||||||
7 | imprisonment or
conditional discharge shall not be imposed | ||||||
8 | for the following offenses.
The court shall sentence the | ||||||
9 | offender to not less than the minimum term
of imprisonment | ||||||
10 | set forth in this Code for the following offenses, and
may | ||||||
11 | order a fine or restitution or both in conjunction with | ||||||
12 | such term of
imprisonment:
| ||||||
13 | (A) First degree murder where the death penalty is | ||||||
14 | not imposed.
| ||||||
15 | (B) Attempted first degree murder.
| ||||||
16 | (C) A Class X felony.
| ||||||
17 | (D) A violation of Section 401.1 or 407 of the
| ||||||
18 | Illinois Controlled Substances Act, or a violation of | ||||||
19 | subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||||||
20 | which relates to more than 5 grams of a substance
| ||||||
21 | containing heroin or cocaine or an analog thereof.
| ||||||
22 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
23 | Control
Act.
| ||||||
24 | (F) A Class 2 or greater felony if the offender had | ||||||
25 | been convicted
of a Class 2 or greater felony within 10 | ||||||
26 | years of the date on which the
offender
committed the |
| |||||||
| |||||||
1 | offense for which he or she is being sentenced, except | ||||||
2 | as
otherwise provided in Section 40-10 of the | ||||||
3 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
4 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
5 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
6 | imprisonment is prescribed in those Sections.
| ||||||
7 | (G) Residential burglary, except as otherwise | ||||||
8 | provided in Section 40-10
of the Alcoholism and Other | ||||||
9 | Drug Abuse and Dependency Act.
| ||||||
10 | (H) Criminal sexual assault.
| ||||||
11 | (I) Aggravated battery of a senior citizen.
| ||||||
12 | (J) A forcible felony if the offense was related to | ||||||
13 | the activities of an
organized gang.
| ||||||
14 | Before July 1, 1994, for the purposes of this | ||||||
15 | paragraph, "organized
gang" means an association of 5 | ||||||
16 | or more persons, with an established hierarchy,
that | ||||||
17 | encourages members of the association to perpetrate | ||||||
18 | crimes or provides
support to the members of the | ||||||
19 | association who do commit crimes.
| ||||||
20 | Beginning July 1, 1994, for the purposes of this | ||||||
21 | paragraph,
"organized gang" has the meaning ascribed | ||||||
22 | to it in Section 10 of the Illinois
Streetgang | ||||||
23 | Terrorism Omnibus Prevention Act.
| ||||||
24 | (K) Vehicular hijacking.
| ||||||
25 | (L) A second or subsequent conviction for the | ||||||
26 | offense of hate crime
when the underlying offense upon |
| |||||||
| |||||||
1 | which the hate crime is based is felony
aggravated
| ||||||
2 | assault or felony mob action.
| ||||||
3 | (M) A second or subsequent conviction for the | ||||||
4 | offense of institutional
vandalism if the damage to the | ||||||
5 | property exceeds $300.
| ||||||
6 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
7 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
8 | Identification Card Act.
| ||||||
9 | (O) A violation of Section 12-6.1 of the Criminal | ||||||
10 | Code of 1961.
| ||||||
11 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
12 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
13 | Criminal Code of 1961.
| ||||||
14 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
15 | Criminal Code of
1961.
| ||||||
16 | (R) A violation of Section 24-3A of the Criminal | ||||||
17 | Code of
1961.
| ||||||
18 | (S) (Blank).
| ||||||
19 | (T) A second or subsequent violation of the | ||||||
20 | Methamphetamine Control and Community Protection Act.
| ||||||
21 | (3) (Blank).
| ||||||
22 | (4) A minimum term of imprisonment of not less than 10
| ||||||
23 | consecutive days or 30 days of community service shall be | ||||||
24 | imposed for a
violation of paragraph (c) of Section 6-303 | ||||||
25 | of the Illinois Vehicle Code.
| ||||||
26 | (4.1) (Blank).
|
| |||||||
| |||||||
1 | (4.2) Except as provided in paragraph (4.3) of this | ||||||
2 | subsection (c), a
minimum of
100 hours of community service | ||||||
3 | shall be imposed for a second violation of
Section 6-303
of | ||||||
4 | the Illinois Vehicle Code.
| ||||||
5 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
6 | hours of community
service, as determined by the court, | ||||||
7 | shall
be imposed for a second violation of subsection (c) | ||||||
8 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
9 | (4.4) Except as provided in paragraph (4.5) and | ||||||
10 | paragraph (4.6) of this
subsection (c), a
minimum term of | ||||||
11 | imprisonment of 30 days or 300 hours of community service, | ||||||
12 | as
determined by the court, shall
be imposed
for a third or | ||||||
13 | subsequent violation of Section 6-303 of the Illinois | ||||||
14 | Vehicle
Code.
| ||||||
15 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
16 | be imposed for a third violation of subsection (c) of
| ||||||
17 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
18 | (4.6) A minimum term of imprisonment of 180 days shall | ||||||
19 | be imposed for a
fourth or subsequent violation of | ||||||
20 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
21 | Code.
| ||||||
22 | (5) The court may sentence an offender convicted of a | ||||||
23 | business
offense or a petty offense or a corporation or | ||||||
24 | unincorporated
association convicted of any offense to:
| ||||||
25 | (A) a period of conditional discharge;
| ||||||
26 | (B) a fine;
|
| |||||||
| |||||||
1 | (C) make restitution to the victim under Section | ||||||
2 | 5-5-6 of this Code.
| ||||||
3 | (5.1) In addition to any penalties imposed under | ||||||
4 | paragraph (5) of this
subsection (c), and except as | ||||||
5 | provided in paragraph (5.2) or (5.3), a person
convicted of | ||||||
6 | violating subsection (c) of Section 11-907 of the Illinois
| ||||||
7 | Vehicle Code shall have his or her driver's license, | ||||||
8 | permit, or privileges
suspended for at least 90 days but | ||||||
9 | not more than one year, if the violation
resulted in damage | ||||||
10 | to the property of another person.
| ||||||
11 | (5.2) In addition to any penalties imposed under | ||||||
12 | paragraph (5) of this
subsection (c), and except as | ||||||
13 | provided in paragraph (5.3), a person convicted
of | ||||||
14 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
15 | Vehicle Code
shall have his or her driver's license, | ||||||
16 | permit, or privileges suspended for at
least 180 days but | ||||||
17 | not more than 2 years, if the violation resulted in injury
| ||||||
18 | to
another person.
| ||||||
19 | (5.3) In addition to any penalties imposed under | ||||||
20 | paragraph (5) of
this
subsection (c), a person convicted of | ||||||
21 | violating subsection (c) of Section
11-907 of the Illinois | ||||||
22 | Vehicle Code shall have his or her driver's license,
| ||||||
23 | permit, or privileges suspended for 2 years, if the | ||||||
24 | violation resulted in the
death of another person.
| ||||||
25 | (5.4) In addition to any penalties imposed under | ||||||
26 | paragraph (5) of this subsection (c), a person convicted of |
| |||||||
| |||||||
1 | violating Section 3-707 of the Illinois Vehicle Code shall | ||||||
2 | have his or her driver's license, permit, or privileges | ||||||
3 | suspended for 3 months and until he or she has paid a | ||||||
4 | reinstatement fee of $100. | ||||||
5 | (5.5) In addition to any penalties imposed under | ||||||
6 | paragraph (5) of this subsection (c), a person convicted of | ||||||
7 | violating Section 3-707 of the Illinois Vehicle Code during | ||||||
8 | a period in which his or her driver's license, permit, or | ||||||
9 | privileges were suspended for a previous violation of that | ||||||
10 | Section shall have his or her driver's license, permit, or | ||||||
11 | privileges suspended for an additional 6 months after the | ||||||
12 | expiration of the original 3-month suspension and until he | ||||||
13 | or she has paid a reinstatement fee of $100.
| ||||||
14 | (6) In no case shall an offender be eligible for a | ||||||
15 | disposition of
probation or conditional discharge for a | ||||||
16 | Class 1 felony committed while
he was serving a term of | ||||||
17 | probation or conditional discharge for a felony.
| ||||||
18 | (7) When a defendant is adjudged a habitual criminal | ||||||
19 | under Article
33B of the Criminal Code of 1961, the court | ||||||
20 | shall sentence
the defendant to a term of natural life | ||||||
21 | imprisonment.
| ||||||
22 | (8) When a defendant, over the age of 21 years, is | ||||||
23 | convicted of a
Class 1 or Class 2 felony, after having | ||||||
24 | twice been convicted
in any state or
federal court of an | ||||||
25 | offense that contains the same elements as an offense now
| ||||||
26 | classified in Illinois as a Class 2 or greater Class felony
|
| |||||||
| |||||||
1 | and such charges are
separately brought and tried and arise | ||||||
2 | out of different series of acts,
such defendant shall be | ||||||
3 | sentenced as a Class X offender. This paragraph
shall not | ||||||
4 | apply unless (1) the first felony was committed after the
| ||||||
5 | effective date of this amendatory Act of 1977; and (2) the | ||||||
6 | second felony
was committed after conviction on the first; | ||||||
7 | and (3) the third felony
was committed after conviction on | ||||||
8 | the second.
A person sentenced as a Class X offender under | ||||||
9 | this paragraph is not
eligible to apply for treatment as a | ||||||
10 | condition of probation as provided by
Section 40-10 of the | ||||||
11 | Alcoholism and Other Drug Abuse and Dependency Act.
| ||||||
12 | (9) A defendant convicted of a second or subsequent | ||||||
13 | offense of ritualized
abuse of a child may be sentenced to | ||||||
14 | a term of natural life imprisonment.
| ||||||
15 | (10) (Blank).
| ||||||
16 | (11) The court shall impose a minimum fine of $1,000 | ||||||
17 | for a first offense
and $2,000 for a second or subsequent | ||||||
18 | offense upon a person convicted of or
placed on supervision | ||||||
19 | for battery when the individual harmed was a sports
| ||||||
20 | official or coach at any level of competition and the act | ||||||
21 | causing harm to the
sports
official or coach occurred | ||||||
22 | within an athletic facility or within the immediate | ||||||
23 | vicinity
of the athletic facility at which the sports | ||||||
24 | official or coach was an active
participant
of the athletic | ||||||
25 | contest held at the athletic facility. For the purposes of
| ||||||
26 | this paragraph (11), "sports official" means a person at an |
| |||||||
| |||||||
1 | athletic contest
who enforces the rules of the contest, | ||||||
2 | such as an umpire or referee; "athletic facility" means an | ||||||
3 | indoor or outdoor playing field or recreational area where | ||||||
4 | sports activities are conducted;
and "coach" means a person | ||||||
5 | recognized as a coach by the sanctioning
authority that | ||||||
6 | conducted the sporting event. | ||||||
7 | (12) A person may not receive a disposition of court | ||||||
8 | supervision for a
violation of Section 5-16 of the Boat | ||||||
9 | Registration and Safety Act if that
person has previously | ||||||
10 | received a disposition of court supervision for a
violation | ||||||
11 | of that Section.
| ||||||
12 | (d) In any case in which a sentence originally imposed is | ||||||
13 | vacated,
the case shall be remanded to the trial court. The | ||||||
14 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
15 | Unified Code of Corrections
which may include evidence of the | ||||||
16 | defendant's life, moral character and
occupation during the | ||||||
17 | time since the original sentence was passed. The
trial court | ||||||
18 | shall then impose sentence upon the defendant. The trial
court | ||||||
19 | may impose any sentence which could have been imposed at the
| ||||||
20 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
21 | Corrections.
If a sentence is vacated on appeal or on | ||||||
22 | collateral attack due to the
failure of the trier of fact at | ||||||
23 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
24 | fact (other than a prior conviction) necessary to increase the
| ||||||
25 | punishment for the offense beyond the statutory maximum | ||||||
26 | otherwise applicable,
either the defendant may be re-sentenced |
| |||||||
| |||||||
1 | to a term within the range otherwise
provided or, if the State | ||||||
2 | files notice of its intention to again seek the
extended | ||||||
3 | sentence, the defendant shall be afforded a new trial.
| ||||||
4 | (e) In cases where prosecution for
aggravated criminal | ||||||
5 | sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||||||
6 | results in conviction of a defendant
who was a family member of | ||||||
7 | the victim at the time of the commission of the
offense, the | ||||||
8 | court shall consider the safety and welfare of the victim and
| ||||||
9 | may impose a sentence of probation only where:
| ||||||
10 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
11 | (A) the defendant is willing to undergo a court | ||||||
12 | approved counseling
program for a minimum duration of 2 | ||||||
13 | years; or
| ||||||
14 | (B) the defendant is willing to participate in a | ||||||
15 | court approved plan
including but not limited to the | ||||||
16 | defendant's:
| ||||||
17 | (i) removal from the household;
| ||||||
18 | (ii) restricted contact with the victim;
| ||||||
19 | (iii) continued financial support of the | ||||||
20 | family;
| ||||||
21 | (iv) restitution for harm done to the victim; | ||||||
22 | and
| ||||||
23 | (v) compliance with any other measures that | ||||||
24 | the court may
deem appropriate; and
| ||||||
25 | (2) the court orders the defendant to pay for the | ||||||
26 | victim's counseling
services, to the extent that the court |
| |||||||
| |||||||
1 | finds, after considering the
defendant's income and | ||||||
2 | assets, that the defendant is financially capable of
paying | ||||||
3 | for such services, if the victim was under 18 years of age | ||||||
4 | at the
time the offense was committed and requires | ||||||
5 | counseling as a result of the
offense.
| ||||||
6 | Probation may be revoked or modified pursuant to Section | ||||||
7 | 5-6-4; except
where the court determines at the hearing that | ||||||
8 | the defendant violated a
condition of his or her probation | ||||||
9 | restricting contact with the victim or
other family members or | ||||||
10 | commits another offense with the victim or other
family | ||||||
11 | members, the court shall revoke the defendant's probation and
| ||||||
12 | impose a term of imprisonment.
| ||||||
13 | For the purposes of this Section, "family member" and | ||||||
14 | "victim" shall have
the meanings ascribed to them in Section | ||||||
15 | 12-12 of the Criminal Code of
1961.
| ||||||
16 | (f) This Article shall not deprive a court in other | ||||||
17 | proceedings to
order a forfeiture of property, to suspend or | ||||||
18 | cancel a license, to
remove a person from office, or to impose | ||||||
19 | any other civil penalty.
| ||||||
20 | (g) Whenever a defendant is convicted of an offense under | ||||||
21 | Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
22 | 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||||||
23 | of the Criminal Code of 1961,
the defendant shall undergo | ||||||
24 | medical testing to
determine whether the defendant has any | ||||||
25 | sexually transmissible disease,
including a test for infection | ||||||
26 | with human immunodeficiency virus (HIV) or
any other identified |
| |||||||
| |||||||
1 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
2 | Any such medical test shall be performed only by appropriately
| ||||||
3 | licensed medical practitioners and may include an analysis of | ||||||
4 | any bodily
fluids as well as an examination of the defendant's | ||||||
5 | person.
Except as otherwise provided by law, the results of | ||||||
6 | such test shall be kept
strictly confidential by all medical | ||||||
7 | personnel involved in the testing and must
be personally | ||||||
8 | delivered in a sealed envelope to the judge of the court in | ||||||
9 | which
the conviction was entered for the judge's inspection in | ||||||
10 | camera. Acting in
accordance with the best interests of the | ||||||
11 | victim and the public, the judge
shall have the discretion to | ||||||
12 | determine to whom, if anyone, the results of the
testing may be | ||||||
13 | revealed. The court shall notify the defendant
of the test | ||||||
14 | results. The court shall
also notify the victim if requested by | ||||||
15 | the victim, and if the victim is under
the age of 15 and if | ||||||
16 | requested by the victim's parents or legal guardian, the
court | ||||||
17 | shall notify the victim's parents or legal guardian of the test
| ||||||
18 | results.
The court shall provide information on the | ||||||
19 | availability of HIV testing
and counseling at Department of | ||||||
20 | Public Health facilities to all parties to
whom the results of | ||||||
21 | the testing are revealed and shall direct the State's
Attorney | ||||||
22 | to provide the information to the victim when possible.
A | ||||||
23 | State's Attorney may petition the court to obtain the results | ||||||
24 | of any HIV test
administered under this Section, and the court | ||||||
25 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
26 | relevant in order to prosecute a charge of
criminal |
| |||||||
| |||||||
1 | transmission of HIV under Section 12-16.2 of the Criminal Code | ||||||
2 | of 1961
against the defendant. The court shall order that the | ||||||
3 | cost of any such test
shall be paid by the county and may be | ||||||
4 | taxed as costs against the convicted
defendant.
| ||||||
5 | (g-5) When an inmate is tested for an airborne communicable | ||||||
6 | disease, as
determined by the Illinois Department of Public | ||||||
7 | Health including but not
limited to tuberculosis, the results | ||||||
8 | of the test shall be
personally delivered by the warden or his | ||||||
9 | or her designee in a sealed envelope
to the judge of the court | ||||||
10 | in which the inmate must appear for the judge's
inspection in | ||||||
11 | camera if requested by the judge. Acting in accordance with the
| ||||||
12 | best interests of those in the courtroom, the judge shall have | ||||||
13 | the discretion
to determine what if any precautions need to be | ||||||
14 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
15 | (h) Whenever a defendant is convicted of an offense under | ||||||
16 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
17 | defendant shall undergo
medical testing to determine whether | ||||||
18 | the defendant has been exposed to human
immunodeficiency virus | ||||||
19 | (HIV) or any other identified causative agent of
acquired | ||||||
20 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
21 | by
law, the results of such test shall be kept strictly | ||||||
22 | confidential by all
medical personnel involved in the testing | ||||||
23 | and must be personally delivered in a
sealed envelope to the | ||||||
24 | judge of the court in which the conviction was entered
for the | ||||||
25 | judge's inspection in camera. Acting in accordance with the | ||||||
26 | best
interests of the public, the judge shall have the |
| |||||||
| |||||||
1 | discretion to determine to
whom, if anyone, the results of the | ||||||
2 | testing may be revealed. The court shall
notify the defendant | ||||||
3 | of a positive test showing an infection with the human
| ||||||
4 | immunodeficiency virus (HIV). The court shall provide | ||||||
5 | information on the
availability of HIV testing and counseling | ||||||
6 | at Department of Public Health
facilities to all parties to | ||||||
7 | whom the results of the testing are revealed and
shall direct | ||||||
8 | the State's Attorney to provide the information to the victim | ||||||
9 | when
possible. A State's Attorney may petition the court to | ||||||
10 | obtain the results of
any HIV test administered under this | ||||||
11 | Section, and the court shall grant the
disclosure if the | ||||||
12 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
13 | charge of criminal transmission of HIV under Section 12-16.2 of | ||||||
14 | the Criminal
Code of 1961 against the defendant. The court | ||||||
15 | shall order that the cost of any
such test shall be paid by the | ||||||
16 | county and may be taxed as costs against the
convicted | ||||||
17 | defendant.
| ||||||
18 | (i) All fines and penalties imposed under this Section for | ||||||
19 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
20 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
21 | any violation
of the Child Passenger Protection Act, or a | ||||||
22 | similar provision of a local
ordinance, shall be collected and | ||||||
23 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
24 | of the Clerks of Courts Act.
| ||||||
25 | (j) In cases when prosecution for any violation of Section | ||||||
26 | 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, |
| |||||||
| |||||||
1 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
2 | 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||||||
3 | Code of 1961, any violation of the Illinois Controlled | ||||||
4 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
5 | any violation of the Methamphetamine Control and Community | ||||||
6 | Protection Act results in conviction, a
disposition of court | ||||||
7 | supervision, or an order of probation granted under
Section 10 | ||||||
8 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
9 | Controlled Substance Act, or Section 70 of the Methamphetamine | ||||||
10 | Control and Community Protection Act of a defendant, the court | ||||||
11 | shall determine whether the
defendant is employed by a facility | ||||||
12 | or center as defined under the Child Care
Act of 1969, a public | ||||||
13 | or private elementary or secondary school, or otherwise
works | ||||||
14 | with children under 18 years of age on a daily basis. When a | ||||||
15 | defendant
is so employed, the court shall order the Clerk of | ||||||
16 | the Court to send a copy of
the judgment of conviction or order | ||||||
17 | of supervision or probation to the
defendant's employer by | ||||||
18 | certified mail.
If the employer of the defendant is a school, | ||||||
19 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
20 | the judgment of conviction or order of
supervision or probation | ||||||
21 | to the appropriate regional superintendent of schools.
The | ||||||
22 | regional superintendent of schools shall notify the State Board | ||||||
23 | of
Education of any notification under this subsection.
| ||||||
24 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
25 | of a felony and
who has not been previously convicted of a | ||||||
26 | misdemeanor or felony and who is
sentenced to a term of |
| |||||||
| |||||||
1 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
2 | a condition of his or her sentence be required by the court to | ||||||
3 | attend
educational courses designed to prepare the defendant | ||||||
4 | for a high school diploma
and to work toward a high school | ||||||
5 | diploma or to work toward passing the high
school level Test of | ||||||
6 | General Educational Development (GED) or to work toward
| ||||||
7 | completing a vocational training program offered by the | ||||||
8 | Department of
Corrections. The education courses shall also | ||||||
9 | consist of HIV/AIDS, MRSA, and hepatitis C prevention | ||||||
10 | education. The costs of the educational courses shall be paid | ||||||
11 | by the Department. If a defendant fails to complete the | ||||||
12 | educational training
required by his or her sentence during the | ||||||
13 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
14 | condition of mandatory supervised release, require the
| ||||||
15 | defendant , at his or her own expense, to pursue a course of | ||||||
16 | study toward a high
school diploma or passage of the GED test. | ||||||
17 | The costs of the educational courses shall be paid by the | ||||||
18 | Department. The Prisoner Review Board shall
revoke the | ||||||
19 | mandatory supervised release of a defendant who wilfully fails | ||||||
20 | to
comply with this subsection (j-5) upon his or her release | ||||||
21 | from confinement in a
penal institution while serving a | ||||||
22 | mandatory supervised release term ; however,
the inability of | ||||||
23 | the defendant after making a good faith effort to obtain
| ||||||
24 | financial aid or pay for the educational training shall not be | ||||||
25 | deemed a wilful
failure to comply . The Prisoner Review Board | ||||||
26 | shall recommit the defendant
whose mandatory supervised |
| |||||||
| |||||||
1 | release term has been revoked under this subsection
(j-5) as | ||||||
2 | provided in Section 3-3-9. This subsection (j-5) does not apply | ||||||
3 | to a
defendant who has a high school diploma or has | ||||||
4 | successfully passed the GED
test. This subsection (j-5) does | ||||||
5 | not apply to a defendant who is determined by
the court to be | ||||||
6 | developmentally disabled or otherwise mentally incapable of
| ||||||
7 | completing the educational or vocational program.
| ||||||
8 | (j-6) A defendant at least 17 years of age who has a high | ||||||
9 | school diploma or who has passed the high
school level Test of | ||||||
10 | General Educational Development (GED) and who is convicted of a | ||||||
11 | felony and who is
sentenced to a term of imprisonment in the | ||||||
12 | Illinois Department of Corrections shall be provided with an | ||||||
13 | educational program that leads to the completion of an | ||||||
14 | associate, baccalaureate, or
higher degree as provided in | ||||||
15 | subsection (d) of Section 3-6-2.
| ||||||
16 | (k) A court may not impose a sentence or disposition for a
| ||||||
17 | felony or misdemeanor that requires the defendant to be | ||||||
18 | implanted or injected
with or to use any form of birth control.
| ||||||
19 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
20 | (l), whenever a defendant,
who is an alien as defined by | ||||||
21 | the Immigration and Nationality Act, is convicted
of any | ||||||
22 | felony or misdemeanor offense, the court after sentencing | ||||||
23 | the defendant
may, upon motion of the State's Attorney, | ||||||
24 | hold sentence in abeyance and remand
the defendant to the | ||||||
25 | custody of the Attorney General of
the United States or his | ||||||
26 | or her designated agent to be deported when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under | ||||||
3 | the Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct | ||||||
6 | and would not be inconsistent with the ends of
justice.
| ||||||
7 | Otherwise, the defendant shall be sentenced as | ||||||
8 | provided in this Chapter V.
| ||||||
9 | (B) If the defendant has already been sentenced for a | ||||||
10 | felony or
misdemeanor
offense, or has been placed on | ||||||
11 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
12 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
13 | Section 70 of the Methamphetamine Control and Community | ||||||
14 | Protection Act, the court
may, upon motion of the State's | ||||||
15 | Attorney to suspend the
sentence imposed, commit the | ||||||
16 | defendant to the custody of the Attorney General
of the | ||||||
17 | United States or his or her designated agent when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under | ||||||
20 | the Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct | ||||||
23 | and would not be inconsistent with the ends of
justice.
| ||||||
24 | (C) This subsection (l) does not apply to offenders who | ||||||
25 | are subject to the
provisions of paragraph (2) of | ||||||
26 | subsection (a) of Section 3-6-3.
|
| |||||||
| |||||||
1 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
2 | sentenced under
this Section returns to the jurisdiction of | ||||||
3 | the United States, the defendant
shall be recommitted to | ||||||
4 | the custody of the county from which he or she was
| ||||||
5 | sentenced.
Thereafter, the defendant shall be brought | ||||||
6 | before the sentencing court, which
may impose any sentence | ||||||
7 | that was available under Section 5-5-3 at the time of
| ||||||
8 | initial sentencing. In addition, the defendant shall not be | ||||||
9 | eligible for
additional good conduct credit for | ||||||
10 | meritorious service as provided under
Section 3-6-6.
| ||||||
11 | (m) A person convicted of criminal defacement of property | ||||||
12 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
13 | property damage exceeds $300
and the property damaged is a | ||||||
14 | school building, shall be ordered to perform
community service | ||||||
15 | that may include cleanup, removal, or painting over the
| ||||||
16 | defacement.
| ||||||
17 | (n) The court may sentence a person convicted of a | ||||||
18 | violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||||||
19 | Code of 1961 (i) to an impact
incarceration program if the | ||||||
20 | person is otherwise eligible for that program
under Section | ||||||
21 | 5-8-1.1, (ii) to community service, or (iii) if the person is | ||||||
22 | an
addict or alcoholic, as defined in the Alcoholism and Other | ||||||
23 | Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||||||
24 | program licensed under that
Act. | ||||||
25 | (o) Whenever a person is convicted of a sex offense as | ||||||
26 | defined in Section 2 of the Sex Offender Registration Act, the |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | defendant's driver's license or permit shall be subject to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | renewal on an annual basis in accordance with the provisions of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | license renewal established by the Secretary of State.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | revised 8-28-06.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Section 95. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Public Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||