HB4154 95TH GENERAL ASSEMBLY

LRB095 13759 RLC 39742 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4154

Introduced , by Rep. Eddie Washington

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-8-1	from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-1.4 new

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility and is serving a sentence other than death may petition the circuit court for an elderly sentence adjustment. Provides the contents of such petition and establishes criteria that the court shall use to determine whether the committed person shall be granted an elderly sentence adjustment. Provides that the court shall consider the petition in its entirety and may not order the release of the committed person if the court finds that the committed person poses a threat to public safety. Provides that if the court determines that a committed person is eligible for an elderly sentence adjustment and determines that the committed person should receive a sentence adjustment, the court shall set the conditions for the committed person's release from prison before the expiration of the committed person's sentence imposed by the sentencing court. Provides for notification of the families of victims if a petition for elderly sentence adjustment is filed. Provides that the Department of Corrections shall develop a pilot program patterned after the Impact of Crime on Victims Class (ICVC), including the Restorative Justice segment, used by the Missouri Department of Corrections. Provides that the pilot program shall be implemented in one maximum security prison for women and one maximum security prison for men. Provides that the ICVC shall be made available to prisoners eligible for elderly sentence adjustment on a voluntary basis.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 5-8-1 and by adding Section 5-8-1.4 as follows:

(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

Sec. 5-8-1. Sentence of Imprisonment for Felony.

(a) Except as otherwise provided in the statute defining the offense and except as otherwise provided in Section 5-8-1.4, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations:

(1) for first degree murder,

(a) a term shall be not less than 20 years and not more than 60 years, or

(b) if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9-1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or

(c) the court shall sentence the defendant to a term of natural life imprisonment when the death penalty is not imposed if the defendant,

(i) has previously been convicted of first degree murder under any state or federal law, or

(ii) is a person who, at the time of the commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age; or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of murdering more than one victim, or

(iii) is found guilty of murdering a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or

(iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or

(v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or

(vi) is a person who, at the time of the commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or

(vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 1961.

For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.

(d) (i) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(ii) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(1.5) for second degree murder, a term shall be not less than 4 years and not more than 20 years;

(2) for a person adjudged a habitual criminal under Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment;

(2.5) for a person convicted under the circumstances described in paragraph (3) of subsection (b) of Section 12-13, paragraph (2) of subsection (d) of Section 12-14, paragraph (1.2) of subsection (b) of Section 12-14.1, or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment;

(3) except as otherwise provided in the statute defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years;

(4) for a Class 1 felony, other than second degree murder, the sentence shall be not less than 4 years and not more than 15 years;

(5) for a Class 2 felony, the sentence shall be not less than 3 years and not more than 7 years;

(6) for a Class 3 felony, the sentence shall be not less than 2 years and not more than 5 years;

(7) for a Class 4 felony, the sentence shall be not less than 1 year and not more than 3 years.

(b) The sentencing judge in each felony conviction shall set forth his reasons for imposing the particular sentence he enters in the case, as provided in Section 5-4-1 of this Code. Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such circumstances, as well as any other such factors as the judge shall set forth on the record that are consistent with the purposes and principles of sentencing set out in this Code.

(c) A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed within 30 days following the imposition of sentence. However, the court may not increase a sentence once it is imposed.

If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide such motion within a reasonable time.

If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, then for purposes of perfecting an appeal, a final judgment shall not be considered to have been entered until the motion to reduce a sentence has been decided by order entered by the trial court.

A motion filed pursuant to this subsection shall not be considered to have been timely filed unless it is filed with the circuit court clerk within 30 days after the sentence is imposed together with a notice of motion, which notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing.

(d) Except where a term of natural life is imposed, every sentence shall include as though written therein a term in addition to the term of imprisonment. For those sentenced under the law in effect prior to February 1, 1978, such term shall be identified as a parole term. For those sentenced on or after February 1, 1978, such term shall be identified as a mandatory supervised release term. Subject to earlier termination under Section 3-3-8, the parole or mandatory supervised release term shall be as follows:

(1) for first degree murder or a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly, 3 years;

(2) for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly, 2 years;

(3) for a Class 3 felony or a Class 4 felony, 1 year;

(4) for defendants who commit the offense of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;

(5) if the victim is under 18 years of age, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code.

(e) A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his sentence by the Illinois court ordered to be concurrent with the prior sentence in the other state. The court may order that any time served on the unexpired portion of the sentence in the other state, prior to his return to Illinois, shall be credited on his Illinois sentence. The other state shall be furnished with a copy of the order imposing sentence which shall provide that, when the offender is released from confinement of the other state, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of such sentence at the time of commitment and to be provided with copies of all records regarding the sentence.

(f) A defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois Circuit Court may apply to the court which imposed sentence to have his sentence reduced.

The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his Illinois sentence. Such application for reduction of a sentence under this subsection (f) shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States.

(Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; 94-715, eff. 12-13-05.)

(730 ILCS 5/5-8-1.4 new)

Sec. 5-8-1.4. Elderly sentence adjustment; pilot program.

(a) A committed person as defined in subsection (c) of Section 3-1-2 of this Code who is at least 50 years of age and who has served at least 25 consecutive years of imprisonment in a Department of Corrections institution or facility and is serving a sentence other than death may petition the circuit court for an elderly sentence adjustment as provided in this Section. If the committed person files such a petition, the families of the victims of the committed person's offenses shall be notified in a timely manner after the filing of the petition.

(b) The circuit court may grant the petitioner an elderly sentence adjustment if the petitioner documents and demonstrates to the court the following:

(1) successful participation by the committed person in programs designed to restore the committed person as a useful and productive person in the community upon release and if such programs are not available that the committed person has attempted to participate in such programs;

(2) genuine reform and changed behavior by the committed person over a period of years;

(3) the committed person's remorse for actions that have caused pain and suffering to victims of his or her offenses;

(4) the committed person's ability to socialize with others in an acceptable manner;

(5) the committed person's renunciation of criminal activity and gang affiliation if the committed person was a member of a gang.

(c) The petition shall contain:

(1) documentation of the committed person's relevant medical history, including current medical prognosis;

(2) the committed person's prison and criminal history. The criminal history shall include any claims of innocence and the degree of the committed person's responsibility for his or her convictions and if such claims of responsibility have impacted the committed person's feeling of remorse.

(d) The court shall consider the petition in its entirety and may not order the release of the committed person if the court finds that the committed person poses a threat to public safety. If the court determines that a committed person is eligible for a sentence adjustment under this Section and determines that the committed person should receive a sentence adjustment, the court shall set the conditions for the committed person's release from prison before the expiration of the committed person's sentence imposed by the sentencing court.

(e)(1) The Department of Corrections shall develop a pilot program patterned after the Impact of Crime on Victims Class (ICVC), including the Restorative Justice segment, used by the Missouri Department of Corrections. This pilot program shall be implemented in one maximum security prison for women and one maximum security prison for men. The ICVC shall be made available to prisoners eligible for elderly sentence adjustment on a voluntary basis.

(2) The Department of Corrections shall promulgate rules and regulations for operation of the pilot program established pursuant to this subsection (e).

(3) Any proposed program or strategy created under this subsection (e) shall be developed after identification of a need in the community for such programs, through consultation with representatives of the general public, judiciary, law enforcement, and defense and prosecution bar.

(4) The Department of Corrections may staff programs created under this subsection (e) with employees of the Department or may contract with other public or private agencies for delivery of services as otherwise provided by law.

(5) The pilot program shall include wrap-around victim services to ensure the safety of victims upon the release of a committed person under an elderly sentence adjustment program.