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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 Illinois Criminal Justice Information Act is |
5 | | amended by changing Section 7 as follows:
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6 | | (20 ILCS 3930/7) (from Ch. 38, par. 210-7)
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7 | | Sec. 7. Powers and Duties. The Authority shall have the |
8 | | following
powers, duties , and responsibilities:
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9 | | (a) To develop and operate comprehensive information |
10 | | systems for the
improvement and coordination of all aspects |
11 | | of law enforcement, prosecution ,
and corrections;
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12 | | (b) To define, develop, evaluate , and correlate State |
13 | | and local programs
and projects associated with the |
14 | | improvement of law enforcement and the
administration of |
15 | | criminal justice;
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16 | | (c) To act as a central repository and clearing house |
17 | | for federal, state ,
and local research studies, plans, |
18 | | projects, proposals , and other information
relating to all |
19 | | aspects of criminal justice system improvement and to |
20 | | encourage
educational programs for citizen support of |
21 | | State and local efforts to make
such improvements;
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22 | | (d) To undertake research studies to aid in |
23 | | accomplishing its purposes;
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1 | | (e) To monitor the operation of existing criminal |
2 | | justice information
systems in order to protect the |
3 | | constitutional rights and privacy of
individuals about |
4 | | whom criminal history record information has been |
5 | | collected;
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6 | | (f) To provide an effective administrative forum for |
7 | | the protection of
the rights of individuals concerning |
8 | | criminal history record information;
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9 | | (g) To issue regulations, guidelines , and procedures |
10 | | which ensure the privacy
and security of criminal history |
11 | | record information
consistent with State and federal laws;
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12 | | (h) To act as the sole administrative appeal body in |
13 | | the State of
Illinois to conduct hearings and make final |
14 | | determinations concerning
individual challenges to the |
15 | | completeness and accuracy of criminal
history record |
16 | | information;
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17 | | (i) To act as the sole, official, criminal justice body |
18 | | in the State of
Illinois to conduct annual and periodic |
19 | | audits of the procedures, policies,
and practices of the |
20 | | State central repositories for criminal history
record |
21 | | information to verify compliance with federal and state |
22 | | laws and
regulations governing such information;
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23 | | (j) To advise the Authority's Statistical Analysis |
24 | | Center;
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25 | | (k) To apply for, receive, establish priorities for, |
26 | | allocate, disburse ,
and spend grants of funds that are made |
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1 | | available by and received on or
after January 1, 1983 from |
2 | | private sources or from the United States pursuant
to the |
3 | | federal Crime Control Act of 1973, as amended, and similar |
4 | | federal
legislation, and to enter into agreements with the |
5 | | United States government
to further the purposes of this |
6 | | Act, or as may be required as a condition
of obtaining |
7 | | federal funds;
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8 | | (l) To receive, expend , and account for such funds of |
9 | | the State of Illinois
as may be made available to further |
10 | | the purposes of this Act;
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11 | | (m) To enter into contracts and to cooperate with units |
12 | | of general local
government or combinations of such units, |
13 | | State agencies, and criminal justice
system agencies of |
14 | | other states for the purpose of carrying out the duties
of |
15 | | the Authority imposed by this Act or by the federal Crime |
16 | | Control Act
of 1973, as amended;
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17 | | (n) To enter into contracts and cooperate with units of |
18 | | general local
government outside of Illinois, other |
19 | | states' agencies, and private
organizations outside of |
20 | | Illinois to provide computer software or design
that has |
21 | | been developed for the Illinois criminal justice system, or |
22 | | to
participate in the cooperative development or design of |
23 | | new software or
systems to be used by the Illinois criminal |
24 | | justice system. Revenues
received as a result of such |
25 | | arrangements shall be deposited in the
Criminal Justice |
26 | | Information Systems Trust Fund;
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1 | | (o) To establish general policies concerning criminal |
2 | | justice information
systems and to promulgate such rules, |
3 | | regulations , and procedures as are
necessary to the |
4 | | operation of the Authority and to the uniform consideration
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5 | | of appeals and audits;
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6 | | (p) To advise and to make recommendations to the |
7 | | Governor and the General
Assembly on policies relating to |
8 | | criminal justice information systems;
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9 | | (q) To direct all other agencies under the jurisdiction |
10 | | of the Governor
to provide whatever assistance and |
11 | | information the Authority may lawfully
require to carry out |
12 | | its functions;
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13 | | (r) To exercise any other powers that are reasonable |
14 | | and necessary to
fulfill the responsibilities of the |
15 | | Authority under this Act and to comply
with the |
16 | | requirements of applicable federal law or regulation;
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17 | | (s) To exercise the rights, powers , and duties which |
18 | | have been vested
in the Authority by the " Illinois Uniform |
19 | | Conviction Information Act ",
enacted by the 85th General |
20 | | Assembly, as hereafter amended ;
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21 | | (t) (Blank);
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22 | | (u) To exercise the rights, powers, and duties vested |
23 | | in the Authority by the Illinois Public Safety Agency |
24 | | Network Act; |
25 | | (v) To provide technical assistance in the form of |
26 | | training to local governmental entities within Illinois |
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1 | | requesting such assistance for the purposes of procuring |
2 | | grants for gang intervention and gang prevention programs |
3 | | or other criminal justice programs from the United States |
4 | | Department of Justice; and |
5 | | (w) To conduct strategic planning and provide |
6 | | technical assistance to implement comprehensive trauma |
7 | | recovery services for violent crime victims in underserved |
8 | | communities with high levels of violent crime, with the |
9 | | goal of providing a safe, community-based, culturally |
10 | | competent environment in which to access services |
11 | | necessary to facilitate recovery from the effects of |
12 | | chronic and repeat exposure to trauma. Services may |
13 | | include, but are not limited to, behavioral health |
14 | | treatment, financial recovery, family support and |
15 | | relocation assistance, and support in navigating the legal |
16 | | system ; and . |
17 | | (x) To coordinate statewide violence prevention |
18 | | efforts and assist in the implementation of trauma recovery |
19 | | centers and analyze trauma recovery services. The |
20 | | Authority shall develop, publish, and facilitate the |
21 | | implementation of a 4-year statewide violence prevention |
22 | | plan, which shall incorporate public health, public |
23 | | safety, victim services, and trauma recovery centers and |
24 | | services. |
25 | | The requirement for reporting to the General Assembly shall |
26 | | be satisfied
by filing copies of the report with the Speaker, |
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1 | | the Minority Leader , and
the Clerk of the House of |
2 | | Representatives , and the President, the Minority
Leader , and |
3 | | the Secretary of the Senate , and the Legislative Research
Unit, |
4 | | as required by Section 3.1 of the General Assembly Organization |
5 | | Act "An Act to revise the law in relation
to the General |
6 | | Assembly", approved February 25, 1874, as amended , and
filing |
7 | | such additional copies with the State Government Report |
8 | | Distribution
Center for the General Assembly as is required |
9 | | under paragraph (t) of
Section 7 of the State Library Act.
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10 | | (Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18; |
11 | | revised 10-2-17.)
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12 | | Section 10. The Illinois Vehicle Code is amended by |
13 | | changing Section 6-303 as follows:
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14 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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15 | | (Text of Section before amendment by P.A. 100-149 )
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16 | | Sec. 6-303. Driving while driver's license, permit or |
17 | | privilege to
operate a motor vehicle is suspended or revoked.
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18 | | (a) Except as otherwise provided in subsection (a-5), any |
19 | | person who drives or is in actual physical control of a motor
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20 | | vehicle on any highway of this State at a time when such |
21 | | person's driver's
license, permit or privilege to do so or the |
22 | | privilege to obtain a driver's
license or permit is revoked or |
23 | | suspended as provided by this Code or the law
of another state, |
24 | | except as may be specifically allowed by a judicial driving
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1 | | permit issued prior to January 1, 2009, monitoring device |
2 | | driving permit, family financial responsibility driving |
3 | | permit, probationary
license to drive, or a restricted driving |
4 | | permit issued pursuant to this Code
or under the law of another |
5 | | state, shall be guilty of a Class A misdemeanor.
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6 | | (a-3) A second or subsequent violation of subsection (a) of |
7 | | this Section is a Class 4 felony if committed by a person whose |
8 | | driving or operation of a motor vehicle is the proximate cause |
9 | | of a motor vehicle accident that causes personal injury or |
10 | | death to another. For purposes of this subsection, a personal |
11 | | injury includes any Type A injury as indicated on the traffic |
12 | | accident report completed by a law enforcement officer that |
13 | | requires immediate professional attention in either a doctor's |
14 | | office or a medical facility. A Type A injury includes severe |
15 | | bleeding wounds, distorted extremities, and injuries that |
16 | | require the injured party to be carried from the scene. |
17 | | (a-5) Any person who violates this Section as provided in |
18 | | subsection (a) while his or her driver's license, permit or |
19 | | privilege is revoked because of a violation of Section 9-3 of |
20 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
21 | | relating to the offense of reckless homicide or a similar |
22 | | provision of a law of another state, is guilty of a Class 4 |
23 | | felony. The person shall be required to undergo a professional |
24 | | evaluation, as provided in Section 11-501 of this Code, to |
25 | | determine if an alcohol, drug, or intoxicating compound problem |
26 | | exists and the extent of the problem, and to undergo the |
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1 | | imposition of treatment as appropriate.
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2 | | (a-10) A person's driver's license, permit, or privilege to |
3 | | obtain a driver's license or permit may be subject to multiple |
4 | | revocations, multiple suspensions, or any combination of both |
5 | | simultaneously. No revocation or suspension shall serve to |
6 | | negate, invalidate, cancel, postpone, or in any way lessen the |
7 | | effect of any other revocation or suspension entered prior or |
8 | | subsequent to any other revocation or suspension. |
9 | | (b) (Blank). |
10 | | (b-1) Upon receiving a report of the conviction of any |
11 | | violation indicating a person was operating a motor vehicle |
12 | | during the time when the person's driver's license, permit or |
13 | | privilege was suspended by the Secretary of State or the |
14 | | driver's licensing administrator of another state, except as |
15 | | specifically allowed by a probationary license, judicial |
16 | | driving permit, restricted driving permit or monitoring device |
17 | | driving permit the Secretary shall extend the suspension for |
18 | | the same period of time as the originally imposed suspension |
19 | | unless the suspension has already expired, in which case the |
20 | | Secretary shall be authorized to suspend the person's driving |
21 | | privileges for the same period of time as the originally |
22 | | imposed suspension. |
23 | | (b-2) Except as provided in subsection (b-6), upon |
24 | | receiving a report of the conviction of any violation |
25 | | indicating a person was operating a motor vehicle when the |
26 | | person's driver's license, permit or privilege was revoked by |
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1 | | the Secretary of State or the driver's license administrator of |
2 | | any other state, except as specifically allowed by a restricted |
3 | | driving permit issued pursuant to this Code or the law of |
4 | | another state, the Secretary shall not issue a driver's license |
5 | | for an additional period of one year from the date of such |
6 | | conviction indicating such person was operating a vehicle |
7 | | during such period of revocation. |
8 | | (b-3) (Blank).
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9 | | (b-4) When the Secretary of State receives a report of a |
10 | | conviction of any violation indicating a person was operating a |
11 | | motor vehicle that was not equipped with an ignition interlock |
12 | | device during a time when the person was prohibited from |
13 | | operating a motor vehicle not equipped with such a device, the |
14 | | Secretary shall not issue a driver's license to that person for |
15 | | an additional period of one year from the date of the |
16 | | conviction.
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17 | | (b-5) Any person convicted of violating this Section shall |
18 | | serve a minimum
term of imprisonment of 30 consecutive days or |
19 | | 300
hours of community service
when the person's driving |
20 | | privilege was revoked or suspended as a result of a violation |
21 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
22 | | Code of 2012,
relating to the offense of reckless homicide, or |
23 | | a similar provision of a law of another state.
The court may |
24 | | give credit toward the fulfillment of community service hours |
25 | | for participation in activities and treatment as determined by |
26 | | court services. |
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1 | | (b-6) Upon receiving a report of a first conviction of |
2 | | operating a motor vehicle while the person's driver's license, |
3 | | permit or privilege was revoked where the revocation was for a |
4 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012 relating to the offense of reckless |
6 | | homicide or a similar out-of-state offense, the Secretary shall |
7 | | not issue a driver's license for an additional period of three |
8 | | years from the date of such conviction. |
9 | | (c) Except as provided in subsections (c-3) and (c-4), any |
10 | | person convicted of violating this Section shall serve a |
11 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
12 | | of community service
when the person's driving privilege was |
13 | | revoked or suspended as a result of:
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14 | | (1) a violation of Section 11-501 of this Code or a |
15 | | similar provision
of a local ordinance relating to the |
16 | | offense of operating or being in physical
control of a |
17 | | vehicle while under the influence of alcohol, any other |
18 | | drug
or any combination thereof; or
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19 | | (2) a violation of paragraph (b) of Section 11-401 of |
20 | | this Code or a
similar provision of a local ordinance |
21 | | relating to the offense of leaving the
scene of a motor |
22 | | vehicle accident involving personal injury or death; or
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23 | | (3)
a statutory summary suspension or revocation under |
24 | | Section 11-501.1 of this
Code.
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25 | | Such sentence of imprisonment or community service shall |
26 | | not be subject
to suspension in order to reduce such sentence.
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1 | | (c-1) Except as provided in subsections (c-5) and (d), any |
2 | | person convicted of a
second violation of this Section shall be |
3 | | ordered by the court to serve a
minimum
of 100 hours of |
4 | | community service. The court may give credit toward the |
5 | | fulfillment of community service hours for participation in |
6 | | activities and treatment as determined by court services.
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7 | | (c-2) In addition to other penalties imposed under this |
8 | | Section, the
court may impose on any person convicted a fourth |
9 | | time of violating this
Section any of
the following:
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10 | | (1) Seizure of the license plates of the person's |
11 | | vehicle.
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12 | | (2) Immobilization of the person's vehicle for a period |
13 | | of time
to be determined by the court.
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14 | | (c-3) Any person convicted of a violation of this Section |
15 | | during a period of summary suspension imposed pursuant to |
16 | | Section 11-501.1 when the person was eligible for a MDDP shall |
17 | | be guilty of a Class 4 felony and shall serve a minimum term of |
18 | | imprisonment of 30 days. |
19 | | (c-4) Any person who has been issued a MDDP or a restricted |
20 | | driving permit which requires the person to operate only motor |
21 | | vehicles equipped with an ignition interlock device and who is |
22 | | convicted of a violation of this Section as a result of |
23 | | operating or being in actual physical control of a motor |
24 | | vehicle not equipped with an ignition interlock device at the |
25 | | time of the offense shall be guilty of a Class 4 felony and |
26 | | shall serve a minimum term of imprisonment of 30 days.
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1 | | (c-5) Any person convicted of a second violation of this
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2 | | Section is guilty of a Class 2 felony, is not eligible for |
3 | | probation or conditional discharge, and shall serve a mandatory |
4 | | term of
imprisonment, if: |
5 | | (1) the current violation occurred when the person's |
6 | | driver's license was suspended or revoked for a violation |
7 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, relating
to the offense of reckless homicide, |
9 | | or a similar out-of-state offense; and |
10 | | (2) the prior conviction under this Section occurred |
11 | | while the person's driver's license was suspended or |
12 | | revoked for a violation of Section 9-3 of the Criminal Code |
13 | | of 1961 or the Criminal Code of 2012 relating to the |
14 | | offense of reckless homicide, or a similar out-of-state |
15 | | offense, or was suspended or revoked for a violation of |
16 | | Section 11-401 or 11-501 of this Code, a similar |
17 | | out-of-state offense, a similar provision of a local |
18 | | ordinance, or a statutory summary suspension or revocation |
19 | | under Section 11-501.1 of this Code.
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20 | | (d) Any person convicted of a second violation of this
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21 | | Section shall be guilty of a Class 4 felony and shall serve a |
22 | | minimum term of
imprisonment of 30 days or 300 hours of |
23 | | community service, as determined by the
court, if: |
24 | | (1) the current violation occurred when the person's |
25 | | driver's license was suspended or revoked for a violation |
26 | | of Section 11-401 or 11-501 of this Code,
a similar |
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1 | | out-of-state offense, a similar provision of a local
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2 | | ordinance, or a
statutory summary suspension or revocation |
3 | | under Section 11-501.1 of this Code; and |
4 | | (2) the prior conviction under this Section occurred |
5 | | while the person's driver's license was suspended or |
6 | | revoked for a violation of Section 11-401 or 11-501 of this |
7 | | Code, a similar out-of-state offense, a similar provision |
8 | | of a local ordinance, or a statutory summary suspension or |
9 | | revocation under Section 11-501.1 of this Code, or for a |
10 | | violation of Section 9-3 of the Criminal Code of 1961 or |
11 | | the Criminal Code of 2012, relating to the offense of |
12 | | reckless homicide, or a similar out-of-state offense.
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13 | | (3) The court may give credit toward the fulfillment of |
14 | | community service hours for participation in activities |
15 | | and treatment as determined by court services. |
16 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and |
17 | | (d-3), any
person convicted of
a third or subsequent violation |
18 | | of this Section shall serve a minimum term of
imprisonment of |
19 | | 30 days or 300 hours of community service, as determined by the
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20 | | court. The court may give credit toward the fulfillment of |
21 | | community service hours for participation in activities and |
22 | | treatment as determined by court services.
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23 | | (d-2) Any person convicted of a third violation of this
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24 | | Section is guilty of a Class 4 felony and must serve a minimum |
25 | | term of
imprisonment of 30 days, if: |
26 | | (1) the current violation occurred when the person's |
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1 | | driver's license was suspended or revoked for a violation |
2 | | of Section 11-401 or 11-501 of this Code,
or a similar |
3 | | out-of-state offense, or a similar provision of a local
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4 | | ordinance, or a
statutory summary suspension or revocation |
5 | | under Section 11-501.1 of this Code; and |
6 | | (2) the prior convictions under this Section occurred |
7 | | while the person's driver's license was suspended or |
8 | | revoked for a violation of Section 11-401 or 11-501 of this |
9 | | Code, a similar out-of-state offense, a similar provision |
10 | | of a local ordinance, or a statutory summary suspension or |
11 | | revocation under Section 11-501.1 of this Code, or for a |
12 | | violation of Section 9-3 of the Criminal Code of 1961 or |
13 | | the Criminal Code of 2012, relating to the offense of |
14 | | reckless homicide, or a similar out-of-state offense.
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15 | | (d-2.5) Any person convicted of a third violation of this
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16 | | Section is guilty of a Class 1 felony, is not eligible for |
17 | | probation or conditional discharge, and must serve a mandatory |
18 | | term of
imprisonment, if: |
19 | | (1) the current violation occurred while the person's |
20 | | driver's license was suspended or revoked for a violation |
21 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
22 | | Code of 2012, relating to the offense of reckless homicide, |
23 | | or a similar out-of-state offense.
The person's driving |
24 | | privileges shall be revoked for the remainder of the |
25 | | person's life; and |
26 | | (2) the prior convictions under this Section occurred |
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1 | | while the person's driver's license was suspended or |
2 | | revoked for a violation of Section 9-3 of the Criminal Code |
3 | | of 1961 or the Criminal Code of 2012, relating to the |
4 | | offense of reckless homicide, or a similar out-of-state |
5 | | offense, or was suspended or revoked for a violation of |
6 | | Section 11-401 or 11-501 of this Code, a similar |
7 | | out-of-state offense, a similar provision of a local |
8 | | ordinance, or a statutory summary suspension or revocation |
9 | | under Section 11-501.1 of this Code. |
10 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
11 | | seventh, eighth, or ninth violation of this
Section is guilty |
12 | | of a Class 4 felony and must serve a minimum term of
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13 | | imprisonment of 180 days, if: |
14 | | (1) the current violation occurred when the person's |
15 | | driver's license was suspended or revoked for a
violation |
16 | | of Section 11-401 or 11-501 of this Code, a similar |
17 | | out-of-state
offense, a similar provision of a local |
18 | | ordinance, or a statutory
summary suspension or revocation |
19 | | under Section 11-501.1 of this Code; and |
20 | | (2) the prior convictions under this Section occurred |
21 | | while the person's driver's license was suspended or |
22 | | revoked for a violation of Section 11-401 or 11-501 of this |
23 | | Code, a similar out-of-state offense, a similar provision |
24 | | of a local ordinance, or a statutory summary suspension or |
25 | | revocation under Section 11-501.1 of this Code, or for a |
26 | | violation of Section 9-3 of the Criminal Code of 1961 or |
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1 | | the Criminal Code of 2012, relating to the offense of |
2 | | reckless homicide, or a similar out-of-state offense.
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3 | | (d-3.5) Any person convicted of a fourth or subsequent |
4 | | violation of this
Section is guilty of a Class 1 felony, is not |
5 | | eligible for probation or conditional discharge, and must serve |
6 | | a mandatory term of
imprisonment, and is eligible for an |
7 | | extended term, if: |
8 | | (1) the current violation occurred when the person's |
9 | | driver's license was suspended or revoked for a
violation |
10 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
11 | | Code of 2012, relating to the offense of reckless homicide, |
12 | | or a similar out-of-state offense; and |
13 | | (2) the prior convictions under this Section occurred |
14 | | while the person's driver's license was suspended or |
15 | | revoked for a violation of Section 9-3 of the Criminal Code |
16 | | of 1961 or the Criminal Code of 2012, relating to the |
17 | | offense of reckless homicide, or a similar out-of-state |
18 | | offense, or was suspended or revoked for a violation of |
19 | | Section 11-401 or 11-501 of this Code, a similar |
20 | | out-of-state offense, a similar provision of a local |
21 | | ordinance, or a statutory summary suspension or revocation |
22 | | under Section 11-501.1 of this Code.
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23 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
24 | | thirteenth, or fourteenth violation of this Section is guilty |
25 | | of a Class 3 felony, and is not eligible for probation or |
26 | | conditional discharge, if: |
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1 | | (1) the current violation occurred when the person's |
2 | | driver's license was suspended or revoked for a violation |
3 | | of Section 11-401 or 11-501 of this Code, or a similar |
4 | | out-of-state offense, or a similar provision of a local |
5 | | ordinance, or a statutory summary suspension or revocation |
6 | | under Section 11-501.1 of this Code; and |
7 | | (2) the prior convictions under this Section occurred |
8 | | while the person's driver's license was suspended or |
9 | | revoked for a violation of Section 11-401 or 11-501 of this |
10 | | Code, a similar out-of-state offense, a similar provision |
11 | | of a local ordinance, or a statutory suspension or |
12 | | revocation under Section 11-501.1 of this Code, or for a |
13 | | violation of Section 9-3 of the Criminal Code of 1961 or |
14 | | the Criminal Code of 2012, relating to the offense of |
15 | | reckless homicide, or a similar out-of-state offense. |
16 | | (d-5) Any person convicted of a fifteenth or subsequent |
17 | | violation of this Section is guilty of a Class 2 felony, and is |
18 | | not eligible for probation or conditional discharge, if: |
19 | | (1) the current violation occurred when the person's |
20 | | driver's license was suspended or revoked for a violation |
21 | | of Section 11-401 or 11-501 of this Code, or a similar |
22 | | out-of-state offense, or a similar provision of a local |
23 | | ordinance, or a statutory summary suspension or revocation |
24 | | under Section 11-501.1 of this Code; and |
25 | | (2) the prior convictions under this Section occurred |
26 | | while the person's driver's license was suspended or |
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1 | | revoked for a violation of Section 11-401 or 11-501 of this |
2 | | Code, a similar out-of-state offense, a similar provision |
3 | | of a local ordinance, or a statutory summary suspension or |
4 | | revocation under Section 11-501.1 of this Code, or for a |
5 | | violation of Section 9-3 of the Criminal Code of 1961 or |
6 | | the Criminal Code of 2012, relating to the offense of |
7 | | reckless homicide, or a similar out-of-state offense.
|
8 | | (e) Any person in violation of this Section who is also in |
9 | | violation of
Section 7-601 of this Code relating to mandatory |
10 | | insurance requirements, in
addition to other penalties imposed |
11 | | under this Section, shall have his or her
motor vehicle |
12 | | immediately impounded by the arresting law enforcement |
13 | | officer.
The motor vehicle may be released to any licensed |
14 | | driver upon a showing of
proof of insurance for the vehicle |
15 | | that was impounded and the notarized written
consent for the |
16 | | release by the vehicle owner.
|
17 | | (f) For any prosecution under this Section, a certified |
18 | | copy of the
driving abstract of the defendant shall be admitted |
19 | | as proof of any prior
conviction.
|
20 | | (g) The motor vehicle used in a violation of this Section |
21 | | is subject
to seizure and forfeiture as provided in Sections |
22 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
23 | | driving privilege was revoked
or suspended as a result of: |
24 | | (1) a violation of Section 11-501 of this Code, a |
25 | | similar provision
of a local ordinance, or a similar |
26 | | provision of a law of another state; |
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1 | | (2) a violation of paragraph (b) of Section 11-401 of |
2 | | this Code, a
similar provision of a local ordinance, or a |
3 | | similar provision of a law of another state; |
4 | | (3) a statutory summary suspension or revocation under |
5 | | Section 11-501.1 of this
Code or a similar provision of a |
6 | | law of another state; or |
7 | | (4) a violation of Section 9-3 of the Criminal Code of |
8 | | 1961 or the Criminal Code of 2012 relating to the offense |
9 | | of reckless homicide, or a similar provision of a law of |
10 | | another state.
|
11 | | (Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13; |
12 | | 98-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff. |
13 | | 1-1-16 .)
|
14 | | (Text of Section after amendment by P.A. 100-149 ) |
15 | | Sec. 6-303. Driving while driver's license, permit or |
16 | | privilege to
operate a motor vehicle is suspended or revoked.
|
17 | | (a) Except as otherwise provided in subsection (a-5), any |
18 | | person who drives or is in actual physical control of a motor
|
19 | | vehicle on any highway of this State at a time when such |
20 | | person's driver's
license, permit or privilege to do so or the |
21 | | privilege to obtain a driver's
license or permit is revoked or |
22 | | suspended as provided by this Code or the law
of another state, |
23 | | except as may be specifically allowed by a judicial driving
|
24 | | permit issued prior to January 1, 2009, monitoring device |
25 | | driving permit, family financial responsibility driving |
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1 | | permit, probationary
license to drive, or a restricted driving |
2 | | permit issued pursuant to this Code
or under the law of another |
3 | | state, shall be guilty of a Class A misdemeanor.
|
4 | | (a-3) A second or subsequent violation of subsection (a) of |
5 | | this Section is a Class 4 felony if committed by a person whose |
6 | | driving or operation of a motor vehicle is the proximate cause |
7 | | of a motor vehicle accident that causes personal injury or |
8 | | death to another. For purposes of this subsection, a personal |
9 | | injury includes any Type A injury as indicated on the traffic |
10 | | accident report completed by a law enforcement officer that |
11 | | requires immediate professional attention in either a doctor's |
12 | | office or a medical facility. A Type A injury includes severe |
13 | | bleeding wounds, distorted extremities, and injuries that |
14 | | require the injured party to be carried from the scene. |
15 | | (a-5) Any person who violates this Section as provided in |
16 | | subsection (a) while his or her driver's license, permit or |
17 | | privilege is revoked because of a violation of Section 9-3 of |
18 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
19 | | relating to the offense of reckless homicide, or a violation of |
20 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
21 | | 11-501 of this Code, relating to the offense of aggravated |
22 | | driving under the influence of alcohol, other drug or drugs, or |
23 | | intoxicating compound or compounds, or any combination thereof |
24 | | when the violation was a proximate cause of a death, or a |
25 | | similar provision of a law of another state, is guilty of a |
26 | | Class 4 felony. The person shall be required to undergo a |
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1 | | professional evaluation, as provided in Section 11-501 of this |
2 | | Code, to determine if an alcohol, drug, or intoxicating |
3 | | compound problem exists and the extent of the problem, and to |
4 | | undergo the imposition of treatment as appropriate.
|
5 | | (a-10) A person's driver's license, permit, or privilege to |
6 | | obtain a driver's license or permit may be subject to multiple |
7 | | revocations, multiple suspensions, or any combination of both |
8 | | simultaneously. No revocation or suspension shall serve to |
9 | | negate, invalidate, cancel, postpone, or in any way lessen the |
10 | | effect of any other revocation or suspension entered prior or |
11 | | subsequent to any other revocation or suspension. |
12 | | (b) (Blank). |
13 | | (b-1) Upon receiving a report of the conviction of any |
14 | | violation indicating a person was operating a motor vehicle |
15 | | during the time when the person's driver's license, permit or |
16 | | privilege was suspended by the Secretary of State or the |
17 | | driver's licensing administrator of another state, except as |
18 | | specifically allowed by a probationary license, judicial |
19 | | driving permit, restricted driving permit or monitoring device |
20 | | driving permit the Secretary shall extend the suspension for |
21 | | the same period of time as the originally imposed suspension |
22 | | unless the suspension has already expired, in which case the |
23 | | Secretary shall be authorized to suspend the person's driving |
24 | | privileges for the same period of time as the originally |
25 | | imposed suspension. |
26 | | (b-2) Except as provided in subsection (b-6), upon |
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1 | | receiving a report of the conviction of any violation |
2 | | indicating a person was operating a motor vehicle when the |
3 | | person's driver's license, permit or privilege was revoked by |
4 | | the Secretary of State or the driver's license administrator of |
5 | | any other state, except as specifically allowed by a restricted |
6 | | driving permit issued pursuant to this Code or the law of |
7 | | another state, the Secretary shall not issue a driver's license |
8 | | for an additional period of one year from the date of such |
9 | | conviction indicating such person was operating a vehicle |
10 | | during such period of revocation. |
11 | | (b-3) (Blank).
|
12 | | (b-4) When the Secretary of State receives a report of a |
13 | | conviction of any violation indicating a person was operating a |
14 | | motor vehicle that was not equipped with an ignition interlock |
15 | | device during a time when the person was prohibited from |
16 | | operating a motor vehicle not equipped with such a device, the |
17 | | Secretary shall not issue a driver's license to that person for |
18 | | an additional period of one year from the date of the |
19 | | conviction.
|
20 | | (b-5) Any person convicted of violating this Section shall |
21 | | serve a minimum
term of imprisonment of 30 consecutive days or |
22 | | 300
hours of community service
when the person's driving |
23 | | privilege was revoked or suspended as a result of a violation |
24 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
25 | | Code of 2012,
relating to the offense of reckless homicide, or |
26 | | a violation of subparagraph (F) of paragraph (1) of subsection |
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1 | | (d) of Section 11-501 of this Code, relating to the offense of |
2 | | aggravated driving under the influence of alcohol, other drug |
3 | | or drugs, or intoxicating compound or compounds, or any |
4 | | combination thereof when the violation was a proximate cause of |
5 | | a death, or a similar provision of a law of another state.
The |
6 | | court may give credit toward the fulfillment of community |
7 | | service hours for participation in activities and treatment as |
8 | | determined by court services. |
9 | | (b-6) Upon receiving a report of a first conviction of |
10 | | operating a motor vehicle while the person's driver's license, |
11 | | permit or privilege was revoked where the revocation was for a |
12 | | violation of Section 9-3 of the Criminal Code of 1961 or the |
13 | | Criminal Code of 2012 relating to the offense of reckless |
14 | | homicide, or a violation of subparagraph (F) of paragraph (1) |
15 | | of subsection (d) of Section 11-501 of this Code, relating to |
16 | | the offense of aggravated driving under the influence of |
17 | | alcohol, other drug or drugs, or intoxicating compound or |
18 | | compounds, or any combination thereof when the violation was a |
19 | | proximate cause of a death, or a similar out-of-state offense, |
20 | | the Secretary shall not issue a driver's license for an |
21 | | additional period of three years from the date of such |
22 | | conviction. |
23 | | (c) Except as provided in subsections (c-3) and (c-4), any |
24 | | person convicted of violating this Section shall serve a |
25 | | minimum
term of imprisonment of 10 consecutive days or 30
days |
26 | | of community service
when the person's driving privilege was |
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1 | | revoked or suspended as a result of:
|
2 | | (1) a violation of Section 11-501 of this Code or a |
3 | | similar provision
of a local ordinance relating to the |
4 | | offense of operating or being in physical
control of a |
5 | | vehicle while under the influence of alcohol, any other |
6 | | drug
or any combination thereof; or
|
7 | | (2) a violation of paragraph (b) of Section 11-401 of |
8 | | this Code or a
similar provision of a local ordinance |
9 | | relating to the offense of leaving the
scene of a motor |
10 | | vehicle accident involving personal injury or death; or
|
11 | | (3)
a statutory summary suspension or revocation under |
12 | | Section 11-501.1 of this
Code.
|
13 | | Such sentence of imprisonment or community service shall |
14 | | not be subject
to suspension in order to reduce such sentence.
|
15 | | (c-1) Except as provided in subsections (c-5) and (d), any |
16 | | person convicted of a
second violation of this Section shall be |
17 | | ordered by the court to serve a
minimum
of 100 hours of |
18 | | community service. The court may give credit toward the |
19 | | fulfillment of community service hours for participation in |
20 | | activities and treatment as determined by court services.
|
21 | | (c-2) In addition to other penalties imposed under this |
22 | | Section, the
court may impose on any person convicted a fourth |
23 | | time of violating this
Section any of
the following:
|
24 | | (1) Seizure of the license plates of the person's |
25 | | vehicle.
|
26 | | (2) Immobilization of the person's vehicle for a period |
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1 | | of time
to be determined by the court.
|
2 | | (c-3) Any person convicted of a violation of this Section |
3 | | during a period of summary suspension imposed pursuant to |
4 | | Section 11-501.1 when the person was eligible for a MDDP shall |
5 | | be guilty of a Class 4 felony and shall serve a minimum term of |
6 | | imprisonment of 30 days. |
7 | | (c-4) Any person who has been issued a MDDP or a restricted |
8 | | driving permit which requires the person to operate only motor |
9 | | vehicles equipped with an ignition interlock device and who is |
10 | | convicted of a violation of this Section as a result of |
11 | | operating or being in actual physical control of a motor |
12 | | vehicle not equipped with an ignition interlock device at the |
13 | | time of the offense shall be guilty of a Class 4 felony and |
14 | | shall serve a minimum term of imprisonment of 30 days.
|
15 | | (c-5) Any person convicted of a second violation of this
|
16 | | Section is guilty of a Class 2 felony, is not eligible for |
17 | | probation or conditional discharge, and shall serve a mandatory |
18 | | term of
imprisonment, if: |
19 | | (1) the current violation occurred when the person's |
20 | | driver's license was suspended or revoked for a violation |
21 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
22 | | Code of 2012, relating
to the offense of reckless homicide, |
23 | | or a violation of subparagraph (F) of paragraph (1) of |
24 | | subsection (d) of Section 11-501 of this Code, relating to |
25 | | the offense of aggravated driving under the influence of |
26 | | alcohol, other drug or drugs, or intoxicating compound or |
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1 | | compounds, or any combination thereof when the violation |
2 | | was a proximate cause of a death, or a similar out-of-state |
3 | | offense; and |
4 | | (2) the prior conviction under this Section occurred |
5 | | while the person's driver's license was suspended or |
6 | | revoked for a violation of Section 9-3 of the Criminal Code |
7 | | of 1961 or the Criminal Code of 2012 relating to the |
8 | | offense of reckless homicide, or a violation of |
9 | | subparagraph (F) of paragraph (1) of subsection (d) of |
10 | | Section 11-501 of this Code, relating to the offense of |
11 | | aggravated driving under the influence of alcohol, other |
12 | | drug or drugs, or intoxicating compound or compounds, or |
13 | | any combination thereof when the violation was a proximate |
14 | | cause of a death, or a similar out-of-state offense, or was |
15 | | suspended or revoked for a violation of Section 11-401 or |
16 | | 11-501 of this Code, a similar out-of-state offense, a |
17 | | similar provision of a local ordinance, or a statutory |
18 | | summary suspension or revocation under Section 11-501.1 of |
19 | | this Code.
|
20 | | (d) Any person convicted of a second violation of this
|
21 | | Section shall be guilty of a Class 4 felony and shall serve a |
22 | | minimum term of
imprisonment of 30 days or 300 hours of |
23 | | community service, as determined by the
court, if: |
24 | | (1) the current violation occurred when the person's |
25 | | driver's license was suspended or revoked for a violation |
26 | | of Section 11-401 or 11-501 of this Code,
a similar |
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1 | | out-of-state offense, a similar provision of a local
|
2 | | ordinance, or a
statutory summary suspension or revocation |
3 | | under Section 11-501.1 of this Code; and |
4 | | (2) the prior conviction under this Section occurred |
5 | | while the person's driver's license was suspended or |
6 | | revoked for a violation of Section 11-401 or 11-501 of this |
7 | | Code, a similar out-of-state offense, a similar provision |
8 | | of a local ordinance, or a statutory summary suspension or |
9 | | revocation under Section 11-501.1 of this Code, or for a |
10 | | violation of Section 9-3 of the Criminal Code of 1961 or |
11 | | the Criminal Code of 2012, relating to the offense of |
12 | | reckless homicide, or a violation of subparagraph (F) of |
13 | | paragraph (1) of subsection (d) of Section 11-501 of this |
14 | | Code, relating to the offense of aggravated driving under |
15 | | the influence of alcohol, other drug or drugs, or |
16 | | intoxicating compound or compounds, or any combination |
17 | | thereof when the violation was a proximate cause of a |
18 | | death, or a similar out-of-state offense.
|
19 | | (3) The court may give credit toward the fulfillment of |
20 | | community service hours for participation in activities |
21 | | and treatment as determined by court services. |
22 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and |
23 | | (d-3), any
person convicted of
a third or subsequent violation |
24 | | of this Section shall serve a minimum term of
imprisonment of |
25 | | 30 days or 300 hours of community service, as determined by the
|
26 | | court. The court may give credit toward the fulfillment of |
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1 | | community service hours for participation in activities and |
2 | | treatment as determined by court services.
|
3 | | (d-2) Any person convicted of a third violation of this
|
4 | | Section is guilty of a Class 4 felony and must serve a minimum |
5 | | term of
imprisonment of 30 days, if: |
6 | | (1) the current violation occurred when the person's |
7 | | driver's license was suspended or revoked for a violation |
8 | | of Section 11-401 or 11-501 of this Code,
or a similar |
9 | | out-of-state offense, or a similar provision of a local
|
10 | | ordinance, or a
statutory summary suspension or revocation |
11 | | under Section 11-501.1 of this Code; and |
12 | | (2) the prior convictions under this Section occurred |
13 | | while the person's driver's license was suspended or |
14 | | revoked for a violation of Section 11-401 or 11-501 of this |
15 | | Code, a similar out-of-state offense, a similar provision |
16 | | of a local ordinance, or a statutory summary suspension or |
17 | | revocation under Section 11-501.1 of this Code, or for a |
18 | | violation of Section 9-3 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012, relating to the offense of |
20 | | reckless homicide, or a violation of subparagraph (F) of |
21 | | paragraph (1) of subsection (d) of Section 11-501 of this |
22 | | Code, relating to the offense of aggravated driving under |
23 | | the influence of alcohol, other drug or drugs, or |
24 | | intoxicating compound or compounds, or any combination |
25 | | thereof when the violation was a proximate cause of a |
26 | | death, or a similar out-of-state offense.
|
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1 | | (d-2.5) Any person convicted of a third violation of this
|
2 | | Section is guilty of a Class 1 felony, is not eligible for |
3 | | probation or conditional discharge, and must serve a mandatory |
4 | | term of
imprisonment, if: |
5 | | (1) the current violation occurred while the person's |
6 | | driver's license was suspended or revoked for a violation |
7 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, relating to the offense of reckless homicide, |
9 | | or a violation of subparagraph (F) of paragraph (1) of |
10 | | subsection (d) of Section 11-501 of this Code, relating to |
11 | | the offense of aggravated driving under the influence of |
12 | | alcohol, other drug or drugs, or intoxicating compound or |
13 | | compounds, or any combination thereof when the violation |
14 | | was a proximate cause of a death, or a similar out-of-state |
15 | | offense.
The person's driving privileges shall be revoked |
16 | | for the remainder of the person's life; and |
17 | | (2) the prior convictions under this Section occurred |
18 | | while the person's driver's license was suspended or |
19 | | revoked for a violation of Section 9-3 of the Criminal Code |
20 | | of 1961 or the Criminal Code of 2012, relating to the |
21 | | offense of reckless homicide, or a violation of |
22 | | subparagraph (F) of paragraph (1) of subsection (d) of |
23 | | Section 11-501 of this Code, relating to the offense of |
24 | | aggravated driving under the influence of alcohol, other |
25 | | drug or drugs, or intoxicating compound or compounds, or |
26 | | any combination thereof when the violation was a proximate |
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1 | | cause of a death, or a similar out-of-state offense, or was |
2 | | suspended or revoked for a violation of Section 11-401 or |
3 | | 11-501 of this Code, a similar out-of-state offense, a |
4 | | similar provision of a local ordinance, or a statutory |
5 | | summary suspension or revocation under Section 11-501.1 of |
6 | | this Code. |
7 | | (d-3) Any person convicted of a fourth, fifth, sixth, |
8 | | seventh, eighth, or ninth violation of this
Section is guilty |
9 | | of a Class 4 felony and must serve a minimum term of
|
10 | | imprisonment of 180 days, if: |
11 | | (1) the current violation occurred when the person's |
12 | | driver's license was suspended or revoked for a
violation |
13 | | of Section 11-401 or 11-501 of this Code, a similar |
14 | | out-of-state
offense, a similar provision of a local |
15 | | ordinance, or a statutory
summary suspension or revocation |
16 | | under Section 11-501.1 of this Code; and |
17 | | (2) the prior convictions under this Section occurred |
18 | | while the person's driver's license was suspended or |
19 | | revoked for a violation of Section 11-401 or 11-501 of this |
20 | | Code, a similar out-of-state offense, a similar provision |
21 | | of a local ordinance, or a statutory summary suspension or |
22 | | revocation under Section 11-501.1 of this Code, or for a |
23 | | violation of Section 9-3 of the Criminal Code of 1961 or |
24 | | the Criminal Code of 2012, relating to the offense of |
25 | | reckless homicide, or a violation of subparagraph (F) of |
26 | | paragraph (1) of subsection (d) of Section 11-501 of this |
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1 | | Code, relating to the offense of aggravated driving under |
2 | | the influence of alcohol, other drug or drugs, or |
3 | | intoxicating compound or compounds, or any combination |
4 | | thereof when the violation was a proximate cause of a |
5 | | death, or a similar out-of-state offense.
|
6 | | (d-3.5) Any person convicted of a fourth or subsequent |
7 | | violation of this
Section is guilty of a Class 1 felony, is not |
8 | | eligible for probation or conditional discharge, and must serve |
9 | | a mandatory term of
imprisonment, and is eligible for an |
10 | | extended term, if: |
11 | | (1) the current violation occurred when the person's |
12 | | driver's license was suspended or revoked for a
violation |
13 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal |
14 | | Code of 2012, relating to the offense of reckless homicide, |
15 | | or a violation of subparagraph (F) of paragraph (1) of |
16 | | subsection (d) of Section 11-501 of this Code, relating to |
17 | | the offense of aggravated driving under the influence of |
18 | | alcohol, other drug or drugs, or intoxicating compound or |
19 | | compounds, or any combination thereof when the violation |
20 | | was a proximate cause of a death, or a similar out-of-state |
21 | | offense; and |
22 | | (2) the prior convictions under this Section occurred |
23 | | while the person's driver's license was suspended or |
24 | | revoked for a violation of Section 9-3 of the Criminal Code |
25 | | of 1961 or the Criminal Code of 2012, relating to the |
26 | | offense of reckless homicide, or a violation of |
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1 | | subparagraph (F) of paragraph (1) of subsection (d) of |
2 | | Section 11-501 of this Code, relating to the offense of |
3 | | aggravated driving under the influence of alcohol, other |
4 | | drug or drugs, or intoxicating compound or compounds, or |
5 | | any combination thereof when the violation was a proximate |
6 | | cause of a death, or a similar out-of-state offense, or was |
7 | | suspended or revoked for a violation of Section 11-401 or |
8 | | 11-501 of this Code, a similar out-of-state offense, a |
9 | | similar provision of a local ordinance, or a statutory |
10 | | summary suspension or revocation under Section 11-501.1 of |
11 | | this Code.
|
12 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, |
13 | | thirteenth, or fourteenth violation of this Section is guilty |
14 | | of a Class 3 felony, and is not eligible for probation or |
15 | | conditional discharge, if: |
16 | | (1) the current violation occurred when the person's |
17 | | driver's license was suspended or revoked for a violation |
18 | | of Section 11-401 or 11-501 of this Code, or a similar |
19 | | out-of-state offense, or a similar provision of a local |
20 | | ordinance, or a statutory summary suspension or revocation |
21 | | under Section 11-501.1 of this Code; and |
22 | | (2) the prior convictions under this Section occurred |
23 | | while the person's driver's license was suspended or |
24 | | revoked for a violation of Section 11-401 or 11-501 of this |
25 | | Code, a similar out-of-state offense, a similar provision |
26 | | of a local ordinance, or a statutory suspension or |
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1 | | revocation under Section 11-501.1 of this Code, or for a |
2 | | violation of Section 9-3 of the Criminal Code of 1961 or |
3 | | the Criminal Code of 2012, relating to the offense of |
4 | | reckless homicide, or a violation of subparagraph (F) of |
5 | | paragraph (1) of subsection (d) of Section 11-501 of this |
6 | | Code, relating to the offense of aggravated driving under |
7 | | the influence of alcohol, other drug or drugs, or |
8 | | intoxicating compound or compounds, or any combination |
9 | | thereof when the violation was a proximate cause of a |
10 | | death, or a similar out-of-state offense. |
11 | | (d-5) Any person convicted of a fifteenth or subsequent |
12 | | violation of this Section is guilty of a Class 2 felony, and is |
13 | | not eligible for probation or conditional discharge, if: |
14 | | (1) the current violation occurred when the person's |
15 | | driver's license was suspended or revoked for a violation |
16 | | of Section 11-401 or 11-501 of this Code, or a similar |
17 | | out-of-state offense, or a similar provision of a local |
18 | | ordinance, or a statutory summary suspension or revocation |
19 | | under Section 11-501.1 of this Code; and |
20 | | (2) the prior convictions under this Section occurred |
21 | | while the person's driver's license was suspended or |
22 | | revoked for a violation of Section 11-401 or 11-501 of this |
23 | | Code, a similar out-of-state offense, a similar provision |
24 | | of a local ordinance, or a statutory summary suspension or |
25 | | revocation under Section 11-501.1 of this Code, or for a |
26 | | violation of Section 9-3 of the Criminal Code of 1961 or |
|
| | SB1607 Enrolled | - 34 - | LRB100 11093 RLC 21351 b |
|
|
1 | | the Criminal Code of 2012, relating to the offense of |
2 | | reckless homicide, or a violation of subparagraph (F) of |
3 | | paragraph (1) of subsection (d) of Section 11-501 of this |
4 | | Code, relating to the offense of aggravated driving under |
5 | | the influence of alcohol, other drug or drugs, or |
6 | | intoxicating compound or compounds, or any combination |
7 | | thereof when the violation was a proximate cause of a |
8 | | death, or a similar out-of-state offense.
|
9 | | (e) Any person in violation of this Section who is also in |
10 | | violation of
Section 7-601 of this Code relating to mandatory |
11 | | insurance requirements, in
addition to other penalties imposed |
12 | | under this Section, shall have his or her
motor vehicle |
13 | | immediately impounded by the arresting law enforcement |
14 | | officer.
The motor vehicle may be released to any licensed |
15 | | driver upon a showing of
proof of insurance for the vehicle |
16 | | that was impounded and the notarized written
consent for the |
17 | | release by the vehicle owner.
|
18 | | (f) For any prosecution under this Section, a certified |
19 | | copy of the
driving abstract of the defendant shall be admitted |
20 | | as proof of any prior
conviction.
|
21 | | (g) The motor vehicle used in a violation of this Section |
22 | | is subject
to seizure and forfeiture as provided in Sections |
23 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
24 | | driving privilege was revoked
or suspended as a result of: |
25 | | (1) a violation of Section 11-501 of this Code, a |
26 | | similar provision
of a local ordinance, or a similar |
|
| | SB1607 Enrolled | - 35 - | LRB100 11093 RLC 21351 b |
|
|
1 | | provision of a law of another state; |
2 | | (2) a violation of paragraph (b) of Section 11-401 of |
3 | | this Code, a
similar provision of a local ordinance, or a |
4 | | similar provision of a law of another state; |
5 | | (3) a statutory summary suspension or revocation under |
6 | | Section 11-501.1 of this
Code or a similar provision of a |
7 | | law of another state; or |
8 | | (4) a violation of Section 9-3 of the Criminal Code of |
9 | | 1961 or the Criminal Code of 2012 relating to the offense |
10 | | of reckless homicide, or a violation of subparagraph (F) of |
11 | | paragraph (1) of subsection (d) of Section 11-501 of this |
12 | | Code, relating to the offense of aggravated driving under |
13 | | the influence of alcohol, other drug or drugs, or |
14 | | intoxicating compound or compounds, or any combination |
15 | | thereof when the violation was a proximate cause of a |
16 | | death, or a similar provision of a law of another state.
|
17 | | (Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)
|
18 | | Section 15. The Cannabis Control Act is amended by changing |
19 | | Section 10 as follows:
|
20 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
21 | | (Text of Section before amendment by P.A. 100-3 )
|
22 | | Sec. 10. (a)
Whenever any person who has not previously |
23 | | been convicted of, or placed
on probation or court supervision |
24 | | for, any offense under this Act or any
law of the United States |
|
| | SB1607 Enrolled | - 36 - | LRB100 11093 RLC 21351 b |
|
|
1 | | or of any State relating to cannabis, or controlled
substances |
2 | | as defined in the Illinois Controlled Substances Act, pleads
|
3 | | guilty to or is found guilty of violating Sections 4(a), 4(b), |
4 | | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without |
5 | | entering a
judgment and with the consent of such person, |
6 | | sentence him to probation.
|
7 | | (b) When a person is placed on probation, the court shall |
8 | | enter an order
specifying a period of probation of 24 months, |
9 | | and shall defer further
proceedings in
the case until the |
10 | | conclusion of the period or until the filing of a petition
|
11 | | alleging violation of a term or condition of probation.
|
12 | | (c) The conditions of probation shall be that the person: |
13 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
14 | | refrain from possession of a
firearm
or other dangerous weapon; |
15 | | (3) submit to periodic drug testing at a time and in
a manner |
16 | | as ordered by the court, but no less than 3 times during the |
17 | | period of
the probation, with the cost of the testing to be |
18 | | paid by the probationer; and
(4) perform no less than 30 hours |
19 | | of community service, provided community
service is available |
20 | | in the jurisdiction and is funded and approved by the
county |
21 | | board. The court may give credit toward the fulfillment of |
22 | | community service hours for participation in activities and |
23 | | treatment as determined by court services.
|
24 | | (d) The court may, in addition to other conditions, require
|
25 | | that the person:
|
26 | | (1) make a report to and appear in person before or |
|
| | SB1607 Enrolled | - 37 - | LRB100 11093 RLC 21351 b |
|
|
1 | | participate with the
court or such courts, person, or |
2 | | social service agency as directed by the
court in the order |
3 | | of probation;
|
4 | | (2) pay a fine and costs;
|
5 | | (3) work or pursue a course of study or vocational |
6 | | training;
|
7 | | (4) undergo medical or psychiatric treatment; or |
8 | | treatment for drug
addiction or alcoholism;
|
9 | | (5) attend or reside in a facility established for the |
10 | | instruction or
residence of defendants on probation;
|
11 | | (6) support his dependents;
|
12 | | (7) refrain from possessing a firearm or other |
13 | | dangerous weapon;
|
14 | | (7-5) refrain from having in his or her body the |
15 | | presence of any illicit
drug prohibited by the Cannabis |
16 | | Control Act, the Illinois Controlled
Substances Act, or the |
17 | | Methamphetamine Control and Community Protection Act, |
18 | | unless prescribed by a physician, and submit samples of
his |
19 | | or her blood or urine or both for tests to determine the |
20 | | presence of any
illicit drug;
|
21 | | (8) and in addition, if a minor:
|
22 | | (i) reside with his parents or in a foster home;
|
23 | | (ii) attend school;
|
24 | | (iii) attend a non-residential program for youth;
|
25 | | (iv) contribute to his own support at home or in a |
26 | | foster home.
|
|
| | SB1607 Enrolled | - 38 - | LRB100 11093 RLC 21351 b |
|
|
1 | | (e) Upon violation of a term or condition of probation, the
|
2 | | court
may enter a judgment on its original finding of guilt and |
3 | | proceed as otherwise
provided.
|
4 | | (f) Upon fulfillment of the terms and
conditions of |
5 | | probation, the court shall discharge such person and dismiss
|
6 | | the proceedings against him.
|
7 | | (g) A disposition of probation is considered to be a |
8 | | conviction
for the purposes of imposing the conditions of |
9 | | probation and for appeal,
however, discharge and dismissal |
10 | | under this Section is not a conviction for
purposes of |
11 | | disqualification or disabilities imposed by law upon |
12 | | conviction of
a crime (including the additional penalty imposed |
13 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
14 | | of this Act).
|
15 | | (h) Discharge and dismissal under this Section,
Section 410 |
16 | | of the Illinois Controlled Substances Act, Section 70 of the |
17 | | Methamphetamine Control and Community Protection Act, Section |
18 | | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or |
19 | | subsection (c) of Section 11-14 of the Criminal Code of 1961 or |
20 | | the Criminal Code of 2012 may occur only once
with respect to |
21 | | any person.
|
22 | | (i) If a person is convicted of an offense under this Act, |
23 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
24 | | Control and Community Protection Act within 5 years
subsequent |
25 | | to a discharge and dismissal under this Section, the discharge |
26 | | and
dismissal under this Section shall be admissible in the |
|
| | SB1607 Enrolled | - 39 - | LRB100 11093 RLC 21351 b |
|
|
1 | | sentencing proceeding
for that conviction
as a factor in |
2 | | aggravation.
|
3 | | (j) Notwithstanding subsection (a), before a person is |
4 | | sentenced to probation under this Section, the court may refer |
5 | | the person to the drug court established in that judicial |
6 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
7 | | The drug court team shall evaluate the person's likelihood of |
8 | | successfully completing a sentence of probation under this |
9 | | Section and shall report the results of its evaluation to the |
10 | | court. If the drug court team finds that the person suffers |
11 | | from a substance abuse problem that makes him or her |
12 | | substantially unlikely to successfully complete a sentence of |
13 | | probation under this Section, then the drug court shall set |
14 | | forth its findings in the form of a written order, and the |
15 | | person shall not be sentenced to probation under this Section, |
16 | | but may be considered for the drug court program. |
17 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
|
18 | | (Text of Section after amendment by P.A. 100-3 )
|
19 | | Sec. 10. (a)
Whenever any person who has not previously |
20 | | been convicted of any felony offense under this Act or any
law |
21 | | of the United States or of any State relating to cannabis, or |
22 | | controlled
substances as defined in the Illinois Controlled |
23 | | Substances Act, pleads
guilty to or is found guilty of |
24 | | violating Sections 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of |
25 | | this Act, the court may, without entering a
judgment and with |
|
| | SB1607 Enrolled | - 40 - | LRB100 11093 RLC 21351 b |
|
|
1 | | the consent of such person, sentence him to probation.
|
2 | | (b) When a person is placed on probation, the court shall |
3 | | enter an order
specifying a period of probation of 24 months, |
4 | | and shall defer further
proceedings in
the case until the |
5 | | conclusion of the period or until the filing of a petition
|
6 | | alleging violation of a term or condition of probation.
|
7 | | (c) The conditions of probation shall be that the person: |
8 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
9 | | refrain from possession of a
firearm
or other dangerous weapon; |
10 | | (3) submit to periodic drug testing at a time and in
a manner |
11 | | as ordered by the court, but no less than 3 times during the |
12 | | period of
the probation, with the cost of the testing to be |
13 | | paid by the probationer; and
(4) perform no less than 30 hours |
14 | | of community service, provided community
service is available |
15 | | in the jurisdiction and is funded and approved by the
county |
16 | | board. The court may give credit toward the fulfillment of |
17 | | community service hours for participation in activities and |
18 | | treatment as determined by court services.
|
19 | | (d) The court may, in addition to other conditions, require
|
20 | | that the person:
|
21 | | (1) make a report to and appear in person before or |
22 | | participate with the
court or such courts, person, or |
23 | | social service agency as directed by the
court in the order |
24 | | of probation;
|
25 | | (2) pay a fine and costs;
|
26 | | (3) work or pursue a course of study or vocational |
|
| | SB1607 Enrolled | - 41 - | LRB100 11093 RLC 21351 b |
|
|
1 | | training;
|
2 | | (4) undergo medical or psychiatric treatment; or |
3 | | treatment for drug
addiction or alcoholism;
|
4 | | (5) attend or reside in a facility established for the |
5 | | instruction or
residence of defendants on probation;
|
6 | | (6) support his dependents;
|
7 | | (7) refrain from possessing a firearm or other |
8 | | dangerous weapon;
|
9 | | (7-5) refrain from having in his or her body the |
10 | | presence of any illicit
drug prohibited by the Cannabis |
11 | | Control Act, the Illinois Controlled
Substances Act, or the |
12 | | Methamphetamine Control and Community Protection Act, |
13 | | unless prescribed by a physician, and submit samples of
his |
14 | | or her blood or urine or both for tests to determine the |
15 | | presence of any
illicit drug;
|
16 | | (8) and in addition, if a minor:
|
17 | | (i) reside with his parents or in a foster home;
|
18 | | (ii) attend school;
|
19 | | (iii) attend a non-residential program for youth;
|
20 | | (iv) contribute to his own support at home or in a |
21 | | foster home.
|
22 | | (e) Upon violation of a term or condition of probation, the
|
23 | | court
may enter a judgment on its original finding of guilt and |
24 | | proceed as otherwise
provided.
|
25 | | (f) Upon fulfillment of the terms and
conditions of |
26 | | probation, the court shall discharge such person and dismiss
|
|
| | SB1607 Enrolled | - 42 - | LRB100 11093 RLC 21351 b |
|
|
1 | | the proceedings against him.
|
2 | | (g) A disposition of probation is considered to be a |
3 | | conviction
for the purposes of imposing the conditions of |
4 | | probation and for appeal,
however, discharge and dismissal |
5 | | under this Section is not a conviction for
purposes of |
6 | | disqualification or disabilities imposed by law upon |
7 | | conviction of
a crime (including the additional penalty imposed |
8 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
9 | | of this Act).
|
10 | | (h) A person may not have more than one discharge and |
11 | | dismissal under this Section within a 4-year period.
|
12 | | (i) If a person is convicted of an offense under this Act, |
13 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
14 | | Control and Community Protection Act within 5 years
subsequent |
15 | | to a discharge and dismissal under this Section, the discharge |
16 | | and
dismissal under this Section shall be admissible in the |
17 | | sentencing proceeding
for that conviction
as a factor in |
18 | | aggravation.
|
19 | | (j) Notwithstanding subsection (a), before a person is |
20 | | sentenced to probation under this Section, the court may refer |
21 | | the person to the drug court established in that judicial |
22 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
23 | | The drug court team shall evaluate the person's likelihood of |
24 | | successfully completing a sentence of probation under this |
25 | | Section and shall report the results of its evaluation to the |
26 | | court. If the drug court team finds that the person suffers |
|
| | SB1607 Enrolled | - 43 - | LRB100 11093 RLC 21351 b |
|
|
1 | | from a substance abuse problem that makes him or her |
2 | | substantially unlikely to successfully complete a sentence of |
3 | | probation under this Section, then the drug court shall set |
4 | | forth its findings in the form of a written order, and the |
5 | | person shall not be sentenced to probation under this Section, |
6 | | but shall be considered for the drug court program. |
7 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
|
8 | | Section 20. The Illinois Controlled Substances Act is |
9 | | amended by changing Section 410 as follows:
|
10 | | (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
|
11 | | (Text of Section before amendment by P.A. 100-3 )
|
12 | | Sec. 410. (a) Whenever any person who has not previously |
13 | | been convicted
of, or placed on probation or court supervision |
14 | | for any offense under this
Act or any law of the United States |
15 | | or of any State relating to cannabis
or controlled substances, |
16 | | pleads guilty to or is found guilty of possession
of a |
17 | | controlled or counterfeit substance under subsection (c) of |
18 | | Section
402 or of unauthorized possession of prescription form |
19 | | under Section 406.2, the court, without entering a judgment and |
20 | | with the consent of such
person, may sentence him or her to |
21 | | probation.
|
22 | | (b) When a person is placed on probation, the court shall |
23 | | enter an order
specifying a period of probation of 24 months |
24 | | and shall defer further
proceedings in the case until the |
|
| | SB1607 Enrolled | - 44 - | LRB100 11093 RLC 21351 b |
|
|
1 | | conclusion of the period or until the
filing of a petition |
2 | | alleging violation of a term or condition of probation.
|
3 | | (c) The conditions of probation shall be that the person: |
4 | | (1) not
violate any criminal statute of any jurisdiction; (2) |
5 | | refrain from
possessing a firearm or other dangerous weapon; |
6 | | (3) submit to periodic drug
testing at a time and in a manner |
7 | | as ordered by the court, but no less than 3
times during the |
8 | | period of the probation, with the cost of the testing to be
|
9 | | paid by the probationer; and (4) perform no less than 30 hours |
10 | | of community
service, provided community service is available |
11 | | in the jurisdiction and is
funded
and approved by the county |
12 | | board. The court may give credit toward the fulfillment of |
13 | | community service hours for participation in activities and |
14 | | treatment as determined by court services.
|
15 | | (d) The court may, in addition to other conditions, require |
16 | | that the person:
|
17 | | (1) make a report to and appear in person before or |
18 | | participate with the
court or such courts, person, or |
19 | | social service agency as directed by the
court in the order |
20 | | of probation;
|
21 | | (2) pay a fine and costs;
|
22 | | (3) work or pursue a course of study or vocational
|
23 | | training;
|
24 | | (4) undergo medical or psychiatric treatment; or |
25 | | treatment or
rehabilitation approved by the Illinois |
26 | | Department of Human Services;
|
|
| | SB1607 Enrolled | - 45 - | LRB100 11093 RLC 21351 b |
|
|
1 | | (5) attend or reside in a facility established for the |
2 | | instruction or
residence of defendants on probation;
|
3 | | (6) support his or her dependents;
|
4 | | (6-5) refrain from having in his or her body the |
5 | | presence of any illicit
drug prohibited by the Cannabis |
6 | | Control Act, the Illinois Controlled
Substances Act, or the |
7 | | Methamphetamine Control and Community Protection Act, |
8 | | unless prescribed by a physician, and submit samples of
his |
9 | | or her blood or urine or both for tests to determine the |
10 | | presence of any
illicit drug;
|
11 | | (7) and in addition, if a minor:
|
12 | | (i) reside with his or her parents or in a foster |
13 | | home;
|
14 | | (ii) attend school;
|
15 | | (iii) attend a non-residential program for youth;
|
16 | | (iv) contribute to his or her own support at home |
17 | | or in a foster home.
|
18 | | (e) Upon violation of a term or condition of probation, the |
19 | | court
may enter a judgment on its original finding of guilt and |
20 | | proceed as
otherwise provided.
|
21 | | (f) Upon fulfillment of the terms and conditions of |
22 | | probation, the court
shall discharge the person and dismiss the |
23 | | proceedings against him or her.
|
24 | | (g) A disposition of probation is considered to be a |
25 | | conviction
for the purposes of imposing the conditions of |
26 | | probation and for appeal,
however, discharge and dismissal |
|
| | SB1607 Enrolled | - 46 - | LRB100 11093 RLC 21351 b |
|
|
1 | | under this Section is not a conviction for
purposes of this Act |
2 | | or for purposes of disqualifications or disabilities
imposed by |
3 | | law upon conviction of a crime.
|
4 | | (h) There may be only one discharge and dismissal under |
5 | | this Section,
Section 10 of the Cannabis Control Act, Section |
6 | | 70 of the Methamphetamine Control and Community Protection Act, |
7 | | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, |
8 | | or subsection (c) of Section 11-14 of the Criminal Code of 1961 |
9 | | or the Criminal Code of 2012 with respect to any person.
|
10 | | (i) If a person is convicted of an offense under this Act, |
11 | | the Cannabis
Control Act, or the Methamphetamine Control and |
12 | | Community Protection Act within 5 years
subsequent to a |
13 | | discharge and dismissal under this Section, the discharge and
|
14 | | dismissal under this Section shall be admissible in the |
15 | | sentencing proceeding
for that conviction
as evidence in |
16 | | aggravation.
|
17 | | (j) Notwithstanding subsection (a), before a person is |
18 | | sentenced to probation under this Section, the court may refer |
19 | | the person to the drug court established in that judicial |
20 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
21 | | The drug court team shall evaluate the person's likelihood of |
22 | | successfully completing a sentence of probation under this |
23 | | Section and shall report the results of its evaluation to the |
24 | | court. If the drug court team finds that the person suffers |
25 | | from a substance abuse problem that makes him or her |
26 | | substantially unlikely to successfully complete a sentence of |
|
| | SB1607 Enrolled | - 47 - | LRB100 11093 RLC 21351 b |
|
|
1 | | probation under this Section, then the drug court shall set |
2 | | forth its findings in the form of a written order, and the |
3 | | person shall not be sentenced to probation under this Section, |
4 | | but may be considered for the drug court program. |
5 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
|
6 | | (Text of Section after amendment by P.A. 100-3 )
|
7 | | Sec. 410. (a) Whenever any person who has not previously |
8 | | been convicted
of any felony offense under this
Act or any law |
9 | | of the United States or of any State relating to cannabis
or |
10 | | controlled substances, pleads guilty to or is found guilty of |
11 | | possession
of a controlled or counterfeit substance under |
12 | | subsection (c) of Section
402 or of unauthorized possession of |
13 | | prescription form under Section 406.2, the court, without |
14 | | entering a judgment and with the consent of such
person, may |
15 | | sentence him or her to probation.
|
16 | | (b) When a person is placed on probation, the court shall |
17 | | enter an order
specifying a period of probation of 24 months |
18 | | and shall defer further
proceedings in the case until the |
19 | | conclusion of the period or until the
filing of a petition |
20 | | alleging violation of a term or condition of probation.
|
21 | | (c) The conditions of probation shall be that the person: |
22 | | (1) not
violate any criminal statute of any jurisdiction; (2) |
23 | | refrain from
possessing a firearm or other dangerous weapon; |
24 | | (3) submit to periodic drug
testing at a time and in a manner |
25 | | as ordered by the court, but no less than 3
times during the |
|
| | SB1607 Enrolled | - 48 - | LRB100 11093 RLC 21351 b |
|
|
1 | | period of the probation, with the cost of the testing to be
|
2 | | paid by the probationer; and (4) perform no less than 30 hours |
3 | | of community
service, provided community service is available |
4 | | in the jurisdiction and is
funded
and approved by the county |
5 | | board. The court may give credit toward the fulfillment of |
6 | | community service hours for participation in activities and |
7 | | treatment as determined by court services.
|
8 | | (d) The court may, in addition to other conditions, require |
9 | | that the person:
|
10 | | (1) make a report to and appear in person before or |
11 | | participate with the
court or such courts, person, or |
12 | | social service agency as directed by the
court in the order |
13 | | of probation;
|
14 | | (2) pay a fine and costs;
|
15 | | (3) work or pursue a course of study or vocational
|
16 | | training;
|
17 | | (4) undergo medical or psychiatric treatment; or |
18 | | treatment or
rehabilitation approved by the Illinois |
19 | | Department of Human Services;
|
20 | | (5) attend or reside in a facility established for the |
21 | | instruction or
residence of defendants on probation;
|
22 | | (6) support his or her dependents;
|
23 | | (6-5) refrain from having in his or her body the |
24 | | presence of any illicit
drug prohibited by the Cannabis |
25 | | Control Act, the Illinois Controlled
Substances Act, or the |
26 | | Methamphetamine Control and Community Protection Act, |
|
| | SB1607 Enrolled | - 49 - | LRB100 11093 RLC 21351 b |
|
|
1 | | unless prescribed by a physician, and submit samples of
his |
2 | | or her blood or urine or both for tests to determine the |
3 | | presence of any
illicit drug;
|
4 | | (7) and in addition, if a minor:
|
5 | | (i) reside with his or her parents or in a foster |
6 | | home;
|
7 | | (ii) attend school;
|
8 | | (iii) attend a non-residential program for youth;
|
9 | | (iv) contribute to his or her own support at home |
10 | | or in a foster home.
|
11 | | (e) Upon violation of a term or condition of probation, the |
12 | | court
may enter a judgment on its original finding of guilt and |
13 | | proceed as
otherwise provided.
|
14 | | (f) Upon fulfillment of the terms and conditions of |
15 | | probation, the court
shall discharge the person and dismiss the |
16 | | proceedings against him or her.
|
17 | | (g) A disposition of probation is considered to be a |
18 | | conviction
for the purposes of imposing the conditions of |
19 | | probation and for appeal,
however, discharge and dismissal |
20 | | under this Section is not a conviction for
purposes of this Act |
21 | | or for purposes of disqualifications or disabilities
imposed by |
22 | | law upon conviction of a crime.
|
23 | | (h) A person may not have more than one discharge and |
24 | | dismissal under this Section within a 4-year period.
|
25 | | (i) If a person is convicted of an offense under this Act, |
26 | | the Cannabis
Control Act, or the Methamphetamine Control and |
|
| | SB1607 Enrolled | - 50 - | LRB100 11093 RLC 21351 b |
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1 | | Community Protection Act within 5 years
subsequent to a |
2 | | discharge and dismissal under this Section, the discharge and
|
3 | | dismissal under this Section shall be admissible in the |
4 | | sentencing proceeding
for that conviction
as evidence in |
5 | | aggravation.
|
6 | | (j) Notwithstanding subsection (a), before a person is |
7 | | sentenced to probation under this Section, the court may refer |
8 | | the person to the drug court established in that judicial |
9 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
10 | | The drug court team shall evaluate the person's likelihood of |
11 | | successfully completing a sentence of probation under this |
12 | | Section and shall report the results of its evaluation to the |
13 | | court. If the drug court team finds that the person suffers |
14 | | from a substance abuse problem that makes him or her |
15 | | substantially unlikely to successfully complete a sentence of |
16 | | probation under this Section, then the drug court shall set |
17 | | forth its findings in the form of a written order, and the |
18 | | person shall not be sentenced to probation under this Section, |
19 | | but shall be considered for the drug court program. |
20 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
|
21 | | Section 25. The Methamphetamine Control and Community |
22 | | Protection Act is amended by changing Section 70 as follows: |
23 | | (720 ILCS 646/70) |
24 | | (Text of Section before amendment by P.A. 100-3 )
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1 | | Sec. 70. Probation. |
2 | | (a) Whenever any person who has not previously been |
3 | | convicted of, or placed on probation or court supervision for |
4 | | any offense under this Act, the Illinois Controlled Substances |
5 | | Act, the Cannabis Control Act, or any law of the United States |
6 | | or of any state relating to cannabis or controlled substances, |
7 | | pleads guilty to or is found guilty of possession of less than |
8 | | 15 grams of methamphetamine under paragraph (1) or (2) of |
9 | | subsection (b) of Section 60 of this Act, the court, without |
10 | | entering a judgment and with the consent of the person, may |
11 | | sentence him or her to probation.
|
12 | | (b) When a person is placed on probation, the court shall |
13 | | enter an order specifying a period of probation of 24 months |
14 | | and shall defer further proceedings in the case until the |
15 | | conclusion of the period or until the filing of a petition |
16 | | alleging violation of a term or condition of probation.
|
17 | | (c) The conditions of probation shall be that the person: |
18 | | (1) not violate any criminal statute of any |
19 | | jurisdiction; |
20 | | (2) refrain from possessing a firearm or other |
21 | | dangerous weapon; |
22 | | (3) submit to periodic drug testing at a time and in a |
23 | | manner as ordered by the court, but no less than 3 times |
24 | | during the period of the probation, with the cost of the |
25 | | testing to be paid by the probationer; and |
26 | | (4) perform no less than 30 hours of community service, |
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1 | | if community service is available in the jurisdiction and |
2 | | is funded and approved by the county board.
The court may |
3 | | give credit toward the fulfillment of community service |
4 | | hours for participation in activities and treatment as |
5 | | determined by court services. |
6 | | (d) The court may, in addition to other conditions, require |
7 | | that the person take one or more of the following actions:
|
8 | | (1) make a report to and appear in person before or |
9 | | participate with the court or such courts, person, or |
10 | | social service agency as directed by the court in the order |
11 | | of probation;
|
12 | | (2) pay a fine and costs;
|
13 | | (3) work or pursue a course of study or vocational |
14 | | training;
|
15 | | (4) undergo medical or psychiatric treatment; or |
16 | | treatment or rehabilitation approved by the Illinois |
17 | | Department of Human Services;
|
18 | | (5) attend or reside in a facility established for the |
19 | | instruction or residence of defendants on probation;
|
20 | | (6) support his or her dependents;
|
21 | | (7) refrain from having in his or her body the presence |
22 | | of any illicit drug prohibited by this Act, the Cannabis |
23 | | Control Act, or the Illinois Controlled Substances Act, |
24 | | unless prescribed by a physician, and submit samples of his |
25 | | or her blood or urine or both for tests to determine the |
26 | | presence of any illicit drug; or
|
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1 | | (8) if a minor:
|
2 | | (i) reside with his or her parents or in a foster |
3 | | home;
|
4 | | (ii) attend school;
|
5 | | (iii) attend a non-residential program for youth; |
6 | | or
|
7 | | (iv) contribute to his or her own support at home |
8 | | or in a foster home.
|
9 | | (e) Upon violation of a term or condition of probation, the |
10 | | court may enter a judgment on its original finding of guilt and |
11 | | proceed as otherwise provided.
|
12 | | (f) Upon fulfillment of the terms and conditions of |
13 | | probation, the court shall discharge the person and dismiss the |
14 | | proceedings against the person.
|
15 | | (g) A disposition of probation is considered to be a |
16 | | conviction for the purposes of imposing the conditions of |
17 | | probation and for appeal, however, discharge and dismissal |
18 | | under this Section is not a conviction for purposes of this Act |
19 | | or for purposes of disqualifications or disabilities imposed by |
20 | | law upon conviction of a crime.
|
21 | | (h) There may be only one discharge and dismissal under |
22 | | this Section, Section 410 of the Illinois Controlled Substances |
23 | | Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or |
24 | | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) |
25 | | of Section 11-14 of the Criminal Code of 1961 or the Criminal |
26 | | Code of 2012 with respect to any person.
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1 | | (i) If a person is convicted of an offense under this Act, |
2 | | the Cannabis Control Act, or the Illinois Controlled Substances |
3 | | Act within 5 years subsequent to a discharge and dismissal |
4 | | under this Section, the discharge and dismissal under this |
5 | | Section are admissible in the sentencing proceeding for that |
6 | | conviction as evidence in aggravation.
|
7 | | (j) Notwithstanding subsection (a), before a person is |
8 | | sentenced to probation under this Section, the court may refer |
9 | | the person to the drug court established in that judicial |
10 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
11 | | The drug court team shall evaluate the person's likelihood of |
12 | | successfully completing a sentence of probation under this |
13 | | Section and shall report the results of its evaluation to the |
14 | | court. If the drug court team finds that the person suffers |
15 | | from a substance abuse problem that makes him or her |
16 | | substantially unlikely to successfully complete a sentence of |
17 | | probation under this Section, then the drug court shall set |
18 | | forth its findings in the form of a written order, and the |
19 | | person shall not be sentenced to probation under this Section, |
20 | | but may be considered for the drug court program. |
21 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.) |
22 | | (Text of Section after amendment by P.A. 100-3 ) |
23 | | Sec. 70. Probation. |
24 | | (a) Whenever any person who has not previously been |
25 | | convicted of any felony offense under this Act, the Illinois |
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1 | | Controlled Substances Act, the Cannabis Control Act, or any law |
2 | | of the United States or of any state relating to cannabis or |
3 | | controlled substances, pleads guilty to or is found guilty of |
4 | | possession of less than 15 grams of methamphetamine under |
5 | | paragraph (1) or (2) of subsection (b) of Section 60 of this |
6 | | Act, the court, without entering a judgment and with the |
7 | | consent of the person, may sentence him or her to probation.
|
8 | | (b) When a person is placed on probation, the court shall |
9 | | enter an order specifying a period of probation of 24 months |
10 | | and shall defer further proceedings in the case until the |
11 | | conclusion of the period or until the filing of a petition |
12 | | alleging violation of a term or condition of probation.
|
13 | | (c) The conditions of probation shall be that the person: |
14 | | (1) not violate any criminal statute of any |
15 | | jurisdiction; |
16 | | (2) refrain from possessing a firearm or other |
17 | | dangerous weapon; |
18 | | (3) submit to periodic drug testing at a time and in a |
19 | | manner as ordered by the court, but no less than 3 times |
20 | | during the period of the probation, with the cost of the |
21 | | testing to be paid by the probationer; and |
22 | | (4) perform no less than 30 hours of community service, |
23 | | if community service is available in the jurisdiction and |
24 | | is funded and approved by the county board.
The court may |
25 | | give credit toward the fulfillment of community service |
26 | | hours for participation in activities and treatment as |
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1 | | determined by court services. |
2 | | (d) The court may, in addition to other conditions, require |
3 | | that the person take one or more of the following actions:
|
4 | | (1) make a report to and appear in person before or |
5 | | participate with the court or such courts, person, or |
6 | | social service agency as directed by the court in the order |
7 | | of probation;
|
8 | | (2) pay a fine and costs;
|
9 | | (3) work or pursue a course of study or vocational |
10 | | training;
|
11 | | (4) undergo medical or psychiatric treatment; or |
12 | | treatment or rehabilitation approved by the Illinois |
13 | | Department of Human Services;
|
14 | | (5) attend or reside in a facility established for the |
15 | | instruction or residence of defendants on probation;
|
16 | | (6) support his or her dependents;
|
17 | | (7) refrain from having in his or her body the presence |
18 | | of any illicit drug prohibited by this Act, the Cannabis |
19 | | Control Act, or the Illinois Controlled Substances Act, |
20 | | unless prescribed by a physician, and submit samples of his |
21 | | or her blood or urine or both for tests to determine the |
22 | | presence of any illicit drug; or
|
23 | | (8) if a minor:
|
24 | | (i) reside with his or her parents or in a foster |
25 | | home;
|
26 | | (ii) attend school;
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1 | | (iii) attend a non-residential program for youth; |
2 | | or
|
3 | | (iv) contribute to his or her own support at home |
4 | | or in a foster home.
|
5 | | (e) Upon violation of a term or condition of probation, the |
6 | | court may enter a judgment on its original finding of guilt and |
7 | | proceed as otherwise provided.
|
8 | | (f) Upon fulfillment of the terms and conditions of |
9 | | probation, the court shall discharge the person and dismiss the |
10 | | proceedings against the person.
|
11 | | (g) A disposition of probation is considered to be a |
12 | | conviction for the purposes of imposing the conditions of |
13 | | probation and for appeal, however, discharge and dismissal |
14 | | under this Section is not a conviction for purposes of this Act |
15 | | or for purposes of disqualifications or disabilities imposed by |
16 | | law upon conviction of a crime.
|
17 | | (h) A person may not have more than one discharge and |
18 | | dismissal under this Section within a 4-year period.
|
19 | | (i) If a person is convicted of an offense under this Act, |
20 | | the Cannabis Control Act, or the Illinois Controlled Substances |
21 | | Act within 5 years subsequent to a discharge and dismissal |
22 | | under this Section, the discharge and dismissal under this |
23 | | Section are admissible in the sentencing proceeding for that |
24 | | conviction as evidence in aggravation.
|
25 | | (j) Notwithstanding subsection (a), before a person is |
26 | | sentenced to probation under this Section, the court may refer |
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1 | | the person to the drug court established in that judicial |
2 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
3 | | The drug court team shall evaluate the person's likelihood of |
4 | | successfully completing a sentence of probation under this |
5 | | Section and shall report the results of its evaluation to the |
6 | | court. If the drug court team finds that the person suffers |
7 | | from a substance abuse problem that makes him or her |
8 | | substantially unlikely to successfully complete a sentence of |
9 | | probation under this Section, then the drug court shall set |
10 | | forth its findings in the form of a written order, and the |
11 | | person shall not be sentenced to probation under this Section, |
12 | | but shall be considered for the drug court program. |
13 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.) |
14 | | Section 30. The Unified Code of Corrections is amended by |
15 | | changing Sections 3-3-7, 3-6-3, 5-5-3, 5-6-3, 5-6-3.3, |
16 | | 5-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows: |
17 | | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
18 | | (Text of Section before amendment by P.A. 100-260 ) |
19 | | Sec. 3-3-7. Conditions of parole or mandatory supervised |
20 | | release.
|
21 | | (a) The conditions of parole or mandatory
supervised |
22 | | release shall be such as the Prisoner Review
Board deems |
23 | | necessary to assist the subject in leading a
law-abiding life. |
24 | | The conditions of every parole and mandatory
supervised release |
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1 | | are that the subject:
|
2 | | (1) not violate any criminal statute of any |
3 | | jurisdiction
during the parole or release term;
|
4 | | (2) refrain from possessing a firearm or other |
5 | | dangerous
weapon;
|
6 | | (3) report to an agent of the Department of |
7 | | Corrections;
|
8 | | (4) permit the agent to visit him or her at his or her |
9 | | home, employment,
or
elsewhere to the
extent necessary for |
10 | | the agent to discharge his or her duties;
|
11 | | (5) attend or reside in a facility established for the |
12 | | instruction or
residence
of persons on
parole or mandatory |
13 | | supervised release;
|
14 | | (6) secure permission before visiting or writing a |
15 | | committed person in an
Illinois Department
of Corrections |
16 | | facility;
|
17 | | (7) report all arrests to an agent of the Department of |
18 | | Corrections as
soon as
permitted by the
arresting authority |
19 | | but in no event later than 24 hours after release from
|
20 | | custody and immediately report service or notification of |
21 | | an order of protection, a civil no contact order, or a |
22 | | stalking no contact order to an agent of the Department of |
23 | | Corrections;
|
24 | | (7.5) if convicted of a sex offense as defined in the |
25 | | Sex Offender
Management Board Act, the individual shall |
26 | | undergo and successfully complete
sex offender treatment |
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1 | | conducted in conformance with the standards developed by
|
2 | | the Sex
Offender Management Board Act by a treatment |
3 | | provider approved by the Board;
|
4 | | (7.6) if convicted of a sex offense as defined in the |
5 | | Sex Offender
Management Board Act, refrain from residing at |
6 | | the same address or in the same condominium unit or |
7 | | apartment unit or in the same condominium complex or |
8 | | apartment complex with another person he or she knows or |
9 | | reasonably should know is a convicted sex offender or has |
10 | | been placed on supervision for a sex offense; the |
11 | | provisions of this paragraph do not apply to a person |
12 | | convicted of a sex offense who is placed in a Department of |
13 | | Corrections licensed transitional housing facility for sex |
14 | | offenders, or is in any facility operated or licensed by |
15 | | the Department of Children and Family Services or by the |
16 | | Department of Human Services, or is in any licensed medical |
17 | | facility;
|
18 | | (7.7) if convicted for an offense that would qualify |
19 | | the accused as a sexual predator under the Sex Offender |
20 | | Registration Act on or after January 1, 2007 (the effective |
21 | | date of Public Act 94-988), wear an approved electronic |
22 | | monitoring device as defined in Section 5-8A-2 for the |
23 | | duration of the person's parole, mandatory supervised |
24 | | release term, or extended mandatory supervised release |
25 | | term and if convicted for an offense of criminal sexual |
26 | | assault, aggravated criminal sexual assault, predatory |
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1 | | criminal sexual assault of a child, criminal sexual abuse, |
2 | | aggravated criminal sexual abuse, or ritualized abuse of a |
3 | | child committed on or after August 11, 2009 (the effective |
4 | | date of Public Act 96-236) when the victim was under 18 |
5 | | years of age at the time of the commission of the offense |
6 | | and the defendant used force or the threat of force in the |
7 | | commission of the offense wear an approved electronic |
8 | | monitoring device as defined in Section 5-8A-2 that has |
9 | | Global Positioning System (GPS) capability for the |
10 | | duration of the person's parole, mandatory supervised |
11 | | release term, or extended mandatory supervised release |
12 | | term;
|
13 | | (7.8) if convicted for an offense committed on or after |
14 | | June 1, 2008 (the effective date of Public Act 95-464) that |
15 | | would qualify the accused as a child sex offender as |
16 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
17 | | 1961 or the Criminal Code of 2012, refrain from |
18 | | communicating with or contacting, by means of the Internet, |
19 | | a person who is not related to the accused and whom the |
20 | | accused reasonably believes to be under 18 years of age; |
21 | | for purposes of this paragraph (7.8), "Internet" has the |
22 | | meaning ascribed to it in Section 16-0.1 of the Criminal |
23 | | Code of 2012; and a person is not related to the accused if |
24 | | the person is not: (i) the spouse, brother, or sister of |
25 | | the accused; (ii) a descendant of the accused; (iii) a |
26 | | first or second cousin of the accused; or (iv) a step-child |
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1 | | or adopted child of the accused;
|
2 | | (7.9)
if convicted under Section 11-6, 11-20.1, |
3 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or |
4 | | the Criminal Code of 2012, consent to search of computers, |
5 | | PDAs, cellular phones, and other devices under his or her |
6 | | control that are capable of accessing the Internet or |
7 | | storing electronic files, in order to confirm Internet |
8 | | protocol addresses reported in accordance with the Sex |
9 | | Offender Registration Act and compliance with conditions |
10 | | in this Act;
|
11 | | (7.10)
if convicted for an offense that would qualify |
12 | | the accused as a sex offender or sexual predator under the |
13 | | Sex Offender Registration Act on or after June 1, 2008 (the |
14 | | effective date of Public Act 95-640), not possess |
15 | | prescription drugs for erectile dysfunction;
|
16 | | (7.11) if convicted for an offense under Section 11-6, |
17 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
18 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
19 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
20 | | or any attempt to commit any of these offenses, committed |
21 | | on or after June 1, 2009 (the effective date of Public Act |
22 | | 95-983): |
23 | | (i) not access or use a computer or any other |
24 | | device with Internet capability without the prior |
25 | | written approval of the Department; |
26 | | (ii) submit to periodic unannounced examinations |
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1 | | of the offender's computer or any other device with |
2 | | Internet capability by the offender's supervising |
3 | | agent, a law enforcement officer, or assigned computer |
4 | | or information technology specialist, including the |
5 | | retrieval and copying of all data from the computer or |
6 | | device and any internal or external peripherals and |
7 | | removal of such information, equipment, or device to |
8 | | conduct a more thorough inspection; |
9 | | (iii) submit to the installation on the offender's |
10 | | computer or device with Internet capability, at the |
11 | | offender's expense, of one or more hardware or software |
12 | | systems to monitor the Internet use; and |
13 | | (iv) submit to any other appropriate restrictions |
14 | | concerning the offender's use of or access to a |
15 | | computer or any other device with Internet capability |
16 | | imposed by the Board, the Department or the offender's |
17 | | supervising agent; |
18 | | (7.12) if convicted of a sex offense as defined in the |
19 | | Sex Offender
Registration Act committed on or after January |
20 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
21 | | from accessing or using a social networking website as |
22 | | defined in Section 17-0.5 of the Criminal Code of 2012;
|
23 | | (7.13) if convicted of a sex offense as defined in |
24 | | Section 2 of the Sex Offender Registration Act committed on |
25 | | or after January 1, 2010 (the effective date of Public Act |
26 | | 96-362) that requires the person to register as a sex |
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1 | | offender under that Act, may not knowingly use any computer |
2 | | scrub software on any computer that the sex offender uses; |
3 | | (8) obtain permission of an agent of the Department of |
4 | | Corrections before
leaving the
State of Illinois;
|
5 | | (9) obtain permission of an agent of the Department of |
6 | | Corrections before
changing
his or her residence or |
7 | | employment;
|
8 | | (10) consent to a search of his or her person, |
9 | | property, or residence
under his or her
control;
|
10 | | (11) refrain from the use or possession of narcotics or |
11 | | other controlled
substances in
any form, or both, or any |
12 | | paraphernalia related to those substances and submit
to a
|
13 | | urinalysis test as instructed by a parole agent of the |
14 | | Department of
Corrections;
|
15 | | (12) not frequent places where controlled substances |
16 | | are illegally sold,
used,
distributed, or administered;
|
17 | | (13) not knowingly associate with other persons on |
18 | | parole or mandatory
supervised
release without prior |
19 | | written permission of his or her parole agent, except
when |
20 | | the association involves activities related to community |
21 | | programs, worship services, volunteering, and engaging |
22 | | families, and not
associate with
persons who are members of |
23 | | an organized gang as that term is defined in the
Illinois
|
24 | | Streetgang Terrorism Omnibus Prevention Act;
|
25 | | (14) provide true and accurate information, as it |
26 | | relates to his or her
adjustment in the
community while on |
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1 | | parole or mandatory supervised release or to his or her
|
2 | | conduct
while incarcerated, in response to inquiries by his |
3 | | or her parole agent or of
the
Department of Corrections;
|
4 | | (15) follow any specific instructions provided by the |
5 | | parole agent that
are consistent
with furthering |
6 | | conditions set and approved by the Prisoner Review Board or |
7 | | by
law,
exclusive of placement on electronic detention, to |
8 | | achieve the goals and
objectives of his
or her parole or |
9 | | mandatory supervised release or to protect the public. |
10 | | These
instructions by the parole agent may be modified at |
11 | | any time, as the agent
deems
appropriate;
|
12 | | (16) if convicted of a sex offense as defined in |
13 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
14 | | offender is a parent or guardian of the person under 18 |
15 | | years of age present in the home and no non-familial minors |
16 | | are present, not participate in a holiday event involving |
17 | | children under 18 years of age, such as distributing candy |
18 | | or other items to children on Halloween, wearing a Santa |
19 | | Claus costume on or preceding Christmas, being employed as |
20 | | a department store Santa Claus, or wearing an Easter Bunny |
21 | | costume on or preceding Easter; |
22 | | (17) if convicted of a violation of an order of |
23 | | protection under Section 12-3.4 or Section 12-30 of the |
24 | | Criminal Code of 1961 or the Criminal Code of 2012, be |
25 | | placed under electronic surveillance as provided in |
26 | | Section 5-8A-7 of this Code; |
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1 | | (18) comply with the terms and conditions of an order |
2 | | of protection issued pursuant to the Illinois Domestic |
3 | | Violence Act of 1986; an order of protection issued by the |
4 | | court of another state, tribe, or United States territory; |
5 | | a no contact order issued pursuant to the Civil No Contact |
6 | | Order Act; or a no contact order issued pursuant to the |
7 | | Stalking No Contact Order Act; and |
8 | | (19) if convicted of a violation of the Methamphetamine |
9 | | Control and Community Protection Act, the Methamphetamine
|
10 | | Precursor Control Act, or a methamphetamine related |
11 | | offense, be: |
12 | | (A) prohibited from purchasing, possessing, or |
13 | | having under his or her control any product containing |
14 | | pseudoephedrine unless prescribed by a physician; and |
15 | | (B) prohibited from purchasing, possessing, or |
16 | | having under his or her control any product containing |
17 | | ammonium nitrate ; and |
18 | | (20) be evaluated by the Department of Corrections |
19 | | prior to release using a validated risk assessment and be |
20 | | subject to a corresponding level of supervision. In |
21 | | accordance with the findings of that evaluation: |
22 | | (A) All subjects found to be at a moderate or high |
23 | | risk to recidivate, or on parole or mandatory |
24 | | supervised release for first degree murder, a forcible |
25 | | felony as defined in Section 2-8 of the Criminal Code |
26 | | of 2012, any felony that requires registration as a sex |
|
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1 | | offender under the Sex Offender Registration Act, or a |
2 | | Class X felony or Class 1 felony that is not a |
3 | | violation of the Cannabis Control Act, the Illinois |
4 | | Controlled Substances Act, or the Methamphetamine |
5 | | Control and Community Protection Act, shall be subject |
6 | | to high level supervision. The Department shall define |
7 | | high level supervision based upon evidence-based and |
8 | | research-based practices. Notwithstanding this |
9 | | placement on high level supervision, placement of the |
10 | | subject on electronic monitoring or detention shall |
11 | | not occur unless it is required by law or expressly |
12 | | ordered or approved by the Prisoner Review Board. |
13 | | (B) All subjects found to be at a low risk to |
14 | | recidivate shall be subject to low-level supervision, |
15 | | except for those subjects on parole or mandatory |
16 | | supervised release for first degree murder, a forcible |
17 | | felony as defined in Section 2-8 of the Criminal Code |
18 | | of 2012, any felony that requires registration as a sex |
19 | | offender under the Sex Offender Registration Act, or a |
20 | | Class X felony or Class 1 felony that is not a |
21 | | violation of the Cannabis Control Act, the Illinois |
22 | | Controlled Substances Act, or the Methamphetamine |
23 | | Control and Community Protection Act. Low level |
24 | | supervision shall require the subject to check in with |
25 | | the supervising officer via phone or other electronic |
26 | | means. Notwithstanding this placement on low level |
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1 | | supervision, placement of the subject on electronic |
2 | | monitoring or detention shall not occur unless it is |
3 | | required by law or expressly ordered or approved by the |
4 | | Prisoner Review Board . |
5 | | (b) The Board may in addition to other conditions
require |
6 | | that the subject:
|
7 | | (1) work or pursue a course of study or vocational |
8 | | training;
|
9 | | (2) undergo medical or psychiatric treatment, or |
10 | | treatment
for drug addiction or alcoholism;
|
11 | | (3) attend or reside in a facility established for the
|
12 | | instruction or residence of persons on probation or parole;
|
13 | | (4) support his or her dependents;
|
14 | | (5) (blank);
|
15 | | (6) (blank);
|
16 | | (7) (blank);
|
17 | | (7.5) if convicted for an offense committed on or after |
18 | | the effective date of this amendatory Act of the 95th |
19 | | General Assembly that would qualify the accused as a child |
20 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
21 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain |
22 | | from communicating with or contacting, by means of the |
23 | | Internet, a person who is related to the accused and whom |
24 | | the accused reasonably believes to be under 18 years of |
25 | | age; for purposes of this paragraph (7.5), "Internet" has |
26 | | the meaning ascribed to it in Section 16-0.1 of the |
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| | SB1607 Enrolled | - 69 - | LRB100 11093 RLC 21351 b |
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1 | | Criminal Code of 2012; and a person is related to the |
2 | | accused if the person is: (i) the spouse, brother, or |
3 | | sister of the accused; (ii) a descendant of the accused; |
4 | | (iii) a first or second cousin of the accused; or (iv) a |
5 | | step-child or adopted child of the accused; |
6 | | (7.6) if convicted for an offense committed on or after |
7 | | June 1, 2009 (the effective date of Public Act 95-983) that |
8 | | would qualify as a sex offense as defined in the Sex |
9 | | Offender Registration Act: |
10 | | (i) not access or use a computer or any other |
11 | | device with Internet capability without the prior |
12 | | written approval of the Department; |
13 | | (ii) submit to periodic unannounced examinations |
14 | | of the offender's computer or any other device with |
15 | | Internet capability by the offender's supervising |
16 | | agent, a law enforcement officer, or assigned computer |
17 | | or information technology specialist, including the |
18 | | retrieval and copying of all data from the computer or |
19 | | device and any internal or external peripherals and |
20 | | removal of such information, equipment, or device to |
21 | | conduct a more thorough inspection; |
22 | | (iii) submit to the installation on the offender's |
23 | | computer or device with Internet capability, at the |
24 | | offender's expense, of one or more hardware or software |
25 | | systems to monitor the Internet use; and |
26 | | (iv) submit to any other appropriate restrictions |
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1 | | concerning the offender's use of or access to a |
2 | | computer or any other device with Internet capability |
3 | | imposed by the Board, the Department or the offender's |
4 | | supervising agent; and
|
5 | | (8) in addition, if a minor:
|
6 | | (i) reside with his or her parents or in a foster |
7 | | home;
|
8 | | (ii) attend school;
|
9 | | (iii) attend a non-residential program for youth; |
10 | | or
|
11 | | (iv) contribute to his or her own support at home |
12 | | or in a foster
home.
|
13 | | (b-1) In addition to the conditions set forth in |
14 | | subsections (a) and (b), persons required to register as sex |
15 | | offenders pursuant to the Sex Offender Registration Act, upon |
16 | | release from the custody of the Illinois Department of |
17 | | Corrections, may be required by the Board to comply with the |
18 | | following specific conditions of release: |
19 | | (1) reside only at a Department approved location; |
20 | | (2) comply with all requirements of the Sex Offender |
21 | | Registration Act;
|
22 | | (3) notify
third parties of the risks that may be |
23 | | occasioned by his or her criminal record; |
24 | | (4) obtain the approval of an agent of the Department |
25 | | of Corrections prior to accepting employment or pursuing a |
26 | | course of study or vocational training and notify the |
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1 | | Department prior to any change in employment, study, or |
2 | | training; |
3 | | (5) not be employed or participate in any
volunteer |
4 | | activity that involves contact with children, except under |
5 | | circumstances approved in advance and in writing by an |
6 | | agent of the Department of Corrections; |
7 | | (6) be electronically monitored for a minimum of 12 |
8 | | months from the date of release as determined by the Board;
|
9 | | (7) refrain from entering into a designated
geographic |
10 | | area except upon terms approved in advance by an agent of |
11 | | the Department of Corrections. The terms may include |
12 | | consideration of the purpose of the entry, the time of day, |
13 | | and others accompanying the person; |
14 | | (8) refrain from having any contact, including
written |
15 | | or oral communications, directly or indirectly, personally |
16 | | or by telephone, letter, or through a third party with |
17 | | certain specified persons including, but not limited to, |
18 | | the victim or the victim's family without the prior written |
19 | | approval of an agent of the Department of Corrections; |
20 | | (9) refrain from all contact, directly or
indirectly, |
21 | | personally, by telephone, letter, or through a third party, |
22 | | with minor children without prior identification and |
23 | | approval of an agent of the Department of Corrections; |
24 | | (10) neither possess or have under his or her
control |
25 | | any material that is sexually oriented, sexually |
26 | | stimulating, or that shows male or female sex organs or any |
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1 | | pictures depicting children under 18 years of age nude or |
2 | | any written or audio material describing sexual |
3 | | intercourse or that depicts or alludes to sexual activity, |
4 | | including but not limited to visual, auditory, telephonic, |
5 | | or electronic media, or any matter obtained through access |
6 | | to any computer or material linked to computer access use; |
7 | | (11) not patronize any business providing
sexually |
8 | | stimulating or sexually oriented entertainment nor utilize |
9 | | "900" or adult telephone numbers; |
10 | | (12) not reside near, visit, or be in or about
parks, |
11 | | schools, day care centers, swimming pools, beaches, |
12 | | theaters, or any other places where minor children |
13 | | congregate without advance approval of an agent of the |
14 | | Department of Corrections and immediately report any |
15 | | incidental contact with minor children to the Department; |
16 | | (13) not possess or have under his or her control
|
17 | | certain specified items of contraband related to the |
18 | | incidence of sexually offending as determined by an agent |
19 | | of the Department of Corrections; |
20 | | (14) may be required to provide a written daily log of |
21 | | activities
if directed by an agent of the Department of |
22 | | Corrections; |
23 | | (15) comply with all other special conditions
that the |
24 | | Department may impose that restrict the person from |
25 | | high-risk situations and limit access to potential |
26 | | victims; |
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1 | | (16) take an annual polygraph exam; |
2 | | (17) maintain a log of his or her travel; or |
3 | | (18) obtain prior approval of his or her parole officer |
4 | | before driving alone in a motor vehicle.
|
5 | | (c) The conditions under which the parole or mandatory
|
6 | | supervised release is to be served shall be communicated to
the |
7 | | person in writing prior to his or her release, and he or she |
8 | | shall
sign the same before release. A signed copy of these |
9 | | conditions,
including a copy of an order of protection where |
10 | | one had been issued by the
criminal court, shall be retained by |
11 | | the person and another copy forwarded to
the officer in charge |
12 | | of his or her supervision.
|
13 | | (d) After a hearing under Section 3-3-9, the Prisoner
|
14 | | Review Board may modify or enlarge the conditions of parole
or |
15 | | mandatory supervised release.
|
16 | | (e) The Department shall inform all offenders committed to
|
17 | | the Department of the optional services available to them
upon |
18 | | release and shall assist inmates in availing themselves
of such |
19 | | optional services upon their release on a voluntary
basis. |
20 | | (f) (Blank).
|
21 | | (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; |
22 | | 100-201, eff. 8-18-17.) |
23 | | (Text of Section after amendment by P.A. 100-260 ) |
24 | | Sec. 3-3-7. Conditions of parole or mandatory supervised |
25 | | release.
|
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1 | | (a) The conditions of parole or mandatory
supervised |
2 | | release shall be such as the Prisoner Review
Board deems |
3 | | necessary to assist the subject in leading a
law-abiding life. |
4 | | The conditions of every parole and mandatory
supervised release |
5 | | are that the subject:
|
6 | | (1) not violate any criminal statute of any |
7 | | jurisdiction
during the parole or release term;
|
8 | | (2) refrain from possessing a firearm or other |
9 | | dangerous
weapon;
|
10 | | (3) report to an agent of the Department of |
11 | | Corrections;
|
12 | | (4) permit the agent to visit him or her at his or her |
13 | | home, employment,
or
elsewhere to the
extent necessary for |
14 | | the agent to discharge his or her duties;
|
15 | | (5) attend or reside in a facility established for the |
16 | | instruction or
residence
of persons on
parole or mandatory |
17 | | supervised release;
|
18 | | (6) secure permission before visiting or writing a |
19 | | committed person in an
Illinois Department
of Corrections |
20 | | facility;
|
21 | | (7) report all arrests to an agent of the Department of |
22 | | Corrections as
soon as
permitted by the
arresting authority |
23 | | but in no event later than 24 hours after release from
|
24 | | custody and immediately report service or notification of |
25 | | an order of protection, a civil no contact order, or a |
26 | | stalking no contact order to an agent of the Department of |
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1 | | Corrections;
|
2 | | (7.5) if convicted of a sex offense as defined in the |
3 | | Sex Offender
Management Board Act, the individual shall |
4 | | undergo and successfully complete
sex offender treatment |
5 | | conducted in conformance with the standards developed by
|
6 | | the Sex
Offender Management Board Act by a treatment |
7 | | provider approved by the Board;
|
8 | | (7.6) if convicted of a sex offense as defined in the |
9 | | Sex Offender
Management Board Act, refrain from residing at |
10 | | the same address or in the same condominium unit or |
11 | | apartment unit or in the same condominium complex or |
12 | | apartment complex with another person he or she knows or |
13 | | reasonably should know is a convicted sex offender or has |
14 | | been placed on supervision for a sex offense; the |
15 | | provisions of this paragraph do not apply to a person |
16 | | convicted of a sex offense who is placed in a Department of |
17 | | Corrections licensed transitional housing facility for sex |
18 | | offenders, or is in any facility operated or licensed by |
19 | | the Department of Children and Family Services or by the |
20 | | Department of Human Services, or is in any licensed medical |
21 | | facility;
|
22 | | (7.7) if convicted for an offense that would qualify |
23 | | the accused as a sexual predator under the Sex Offender |
24 | | Registration Act on or after January 1, 2007 (the effective |
25 | | date of Public Act 94-988), wear an approved electronic |
26 | | monitoring device as defined in Section 5-8A-2 for the |
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1 | | duration of the person's parole, mandatory supervised |
2 | | release term, or extended mandatory supervised release |
3 | | term and if convicted for an offense of criminal sexual |
4 | | assault, aggravated criminal sexual assault, predatory |
5 | | criminal sexual assault of a child, criminal sexual abuse, |
6 | | aggravated criminal sexual abuse, or ritualized abuse of a |
7 | | child committed on or after August 11, 2009 (the effective |
8 | | date of Public Act 96-236) when the victim was under 18 |
9 | | years of age at the time of the commission of the offense |
10 | | and the defendant used force or the threat of force in the |
11 | | commission of the offense wear an approved electronic |
12 | | monitoring device as defined in Section 5-8A-2 that has |
13 | | Global Positioning System (GPS) capability for the |
14 | | duration of the person's parole, mandatory supervised |
15 | | release term, or extended mandatory supervised release |
16 | | term;
|
17 | | (7.8) if convicted for an offense committed on or after |
18 | | June 1, 2008 (the effective date of Public Act 95-464) that |
19 | | would qualify the accused as a child sex offender as |
20 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
21 | | 1961 or the Criminal Code of 2012, refrain from |
22 | | communicating with or contacting, by means of the Internet, |
23 | | a person who is not related to the accused and whom the |
24 | | accused reasonably believes to be under 18 years of age; |
25 | | for purposes of this paragraph (7.8), "Internet" has the |
26 | | meaning ascribed to it in Section 16-0.1 of the Criminal |
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| | SB1607 Enrolled | - 77 - | LRB100 11093 RLC 21351 b |
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1 | | Code of 2012; and a person is not related to the accused if |
2 | | the person is not: (i) the spouse, brother, or sister of |
3 | | the accused; (ii) a descendant of the accused; (iii) a |
4 | | first or second cousin of the accused; or (iv) a step-child |
5 | | or adopted child of the accused;
|
6 | | (7.9)
if convicted under Section 11-6, 11-20.1, |
7 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or |
8 | | the Criminal Code of 2012, consent to search of computers, |
9 | | PDAs, cellular phones, and other devices under his or her |
10 | | control that are capable of accessing the Internet or |
11 | | storing electronic files, in order to confirm Internet |
12 | | protocol addresses reported in accordance with the Sex |
13 | | Offender Registration Act and compliance with conditions |
14 | | in this Act;
|
15 | | (7.10)
if convicted for an offense that would qualify |
16 | | the accused as a sex offender or sexual predator under the |
17 | | Sex Offender Registration Act on or after June 1, 2008 (the |
18 | | effective date of Public Act 95-640), not possess |
19 | | prescription drugs for erectile dysfunction;
|
20 | | (7.11) if convicted for an offense under Section 11-6, |
21 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
22 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
24 | | or any attempt to commit any of these offenses, committed |
25 | | on or after June 1, 2009 (the effective date of Public Act |
26 | | 95-983): |
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| | SB1607 Enrolled | - 78 - | LRB100 11093 RLC 21351 b |
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1 | | (i) not access or use a computer or any other |
2 | | device with Internet capability without the prior |
3 | | written approval of the Department; |
4 | | (ii) submit to periodic unannounced examinations |
5 | | of the offender's computer or any other device with |
6 | | Internet capability by the offender's supervising |
7 | | agent, a law enforcement officer, or assigned computer |
8 | | or information technology specialist, including the |
9 | | retrieval and copying of all data from the computer or |
10 | | device and any internal or external peripherals and |
11 | | removal of such information, equipment, or device to |
12 | | conduct a more thorough inspection; |
13 | | (iii) submit to the installation on the offender's |
14 | | computer or device with Internet capability, at the |
15 | | offender's expense, of one or more hardware or software |
16 | | systems to monitor the Internet use; and |
17 | | (iv) submit to any other appropriate restrictions |
18 | | concerning the offender's use of or access to a |
19 | | computer or any other device with Internet capability |
20 | | imposed by the Board, the Department or the offender's |
21 | | supervising agent; |
22 | | (7.12) if convicted of a sex offense as defined in the |
23 | | Sex Offender
Registration Act committed on or after January |
24 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
25 | | from accessing or using a social networking website as |
26 | | defined in Section 17-0.5 of the Criminal Code of 2012;
|
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| | SB1607 Enrolled | - 79 - | LRB100 11093 RLC 21351 b |
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1 | | (7.13) if convicted of a sex offense as defined in |
2 | | Section 2 of the Sex Offender Registration Act committed on |
3 | | or after January 1, 2010 (the effective date of Public Act |
4 | | 96-362) that requires the person to register as a sex |
5 | | offender under that Act, may not knowingly use any computer |
6 | | scrub software on any computer that the sex offender uses; |
7 | | (8) obtain permission of an agent of the Department of |
8 | | Corrections before
leaving the
State of Illinois;
|
9 | | (9) obtain permission of an agent of the Department of |
10 | | Corrections before
changing
his or her residence or |
11 | | employment;
|
12 | | (10) consent to a search of his or her person, |
13 | | property, or residence
under his or her
control;
|
14 | | (11) refrain from the use or possession of narcotics or |
15 | | other controlled
substances in
any form, or both, or any |
16 | | paraphernalia related to those substances and submit
to a
|
17 | | urinalysis test as instructed by a parole agent of the |
18 | | Department of
Corrections;
|
19 | | (12) not frequent places where controlled substances |
20 | | are illegally sold,
used,
distributed, or administered;
|
21 | | (13) not knowingly associate with other persons on |
22 | | parole or mandatory
supervised
release without prior |
23 | | written permission of his or her parole agent, except
when |
24 | | the association involves activities related to community |
25 | | programs, worship services, volunteering, and engaging |
26 | | families, and not
associate with
persons who are members of |
|
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1 | | an organized gang as that term is defined in the
Illinois
|
2 | | Streetgang Terrorism Omnibus Prevention Act;
|
3 | | (14) provide true and accurate information, as it |
4 | | relates to his or her
adjustment in the
community while on |
5 | | parole or mandatory supervised release or to his or her
|
6 | | conduct
while incarcerated, in response to inquiries by his |
7 | | or her parole agent or of
the
Department of Corrections;
|
8 | | (15) follow any specific instructions provided by the |
9 | | parole agent that
are consistent
with furthering |
10 | | conditions set and approved by the Prisoner Review Board or |
11 | | by
law,
exclusive of placement on electronic detention, to |
12 | | achieve the goals and
objectives of his
or her parole or |
13 | | mandatory supervised release or to protect the public. |
14 | | These
instructions by the parole agent may be modified at |
15 | | any time, as the agent
deems
appropriate;
|
16 | | (16) if convicted of a sex offense as defined in |
17 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
18 | | offender is a parent or guardian of the person under 18 |
19 | | years of age present in the home and no non-familial minors |
20 | | are present, not participate in a holiday event involving |
21 | | children under 18 years of age, such as distributing candy |
22 | | or other items to children on Halloween, wearing a Santa |
23 | | Claus costume on or preceding Christmas, being employed as |
24 | | a department store Santa Claus, or wearing an Easter Bunny |
25 | | costume on or preceding Easter; |
26 | | (17) if convicted of a violation of an order of |
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| | SB1607 Enrolled | - 81 - | LRB100 11093 RLC 21351 b |
|
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1 | | protection under Section 12-3.4 or Section 12-30 of the |
2 | | Criminal Code of 1961 or the Criminal Code of 2012, be |
3 | | placed under electronic surveillance as provided in |
4 | | Section 5-8A-7 of this Code; |
5 | | (18) comply with the terms and conditions of an order |
6 | | of protection issued pursuant to the Illinois Domestic |
7 | | Violence Act of 1986; an order of protection issued by the |
8 | | court of another state, tribe, or United States territory; |
9 | | a no contact order issued pursuant to the Civil No Contact |
10 | | Order Act; or a no contact order issued pursuant to the |
11 | | Stalking No Contact Order Act; |
12 | | (19) if convicted of a violation of the Methamphetamine |
13 | | Control and Community Protection Act, the Methamphetamine
|
14 | | Precursor Control Act, or a methamphetamine related |
15 | | offense, be: |
16 | | (A) prohibited from purchasing, possessing, or |
17 | | having under his or her control any product containing |
18 | | pseudoephedrine unless prescribed by a physician; and |
19 | | (B) prohibited from purchasing, possessing, or |
20 | | having under his or her control any product containing |
21 | | ammonium nitrate; and |
22 | | (20) if convicted of a hate crime under Section 12-7.1 |
23 | | of the Criminal Code of 2012, perform public or community |
24 | | service of no less than 200 hours and enroll in an
|
25 | | educational program discouraging hate crimes involving the |
26 | | protected class
identified in subsection (a) of Section |
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1 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
2 | | offense the offender committed ordered by the court ; and |
3 | | (21) be evaluated by the Department of Corrections |
4 | | prior to release using a validated risk assessment and be |
5 | | subject to a corresponding level of supervision. In |
6 | | accordance with the findings of that evaluation: |
7 | | (A) All subjects found to be at a moderate or high |
8 | | risk to recidivate, or on parole or mandatory |
9 | | supervised release for first degree murder, a forcible |
10 | | felony as defined in Section 2-8 of the Criminal Code |
11 | | of 2012, any felony that requires registration as a sex |
12 | | offender under the Sex Offender Registration Act, or a |
13 | | Class X felony or Class 1 felony that is not a |
14 | | violation of the Cannabis Control Act, the Illinois |
15 | | Controlled Substances Act, or the Methamphetamine |
16 | | Control and Community Protection Act, shall be subject |
17 | | to high level supervision. The Department shall define |
18 | | high level supervision based upon evidence-based and |
19 | | research-based practices. Notwithstanding this |
20 | | placement on high level supervision, placement of the |
21 | | subject on electronic monitoring or detention shall |
22 | | not occur unless it is required by law or expressly |
23 | | ordered or approved by the Prisoner Review Board. |
24 | | (B) All subjects found to be at a low risk to |
25 | | recidivate shall be subject to low-level supervision, |
26 | | except for those subjects on parole or mandatory |
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| | SB1607 Enrolled | - 83 - | LRB100 11093 RLC 21351 b |
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1 | | supervised release for first degree murder, a forcible |
2 | | felony as defined in Section 2-8 of the Criminal Code |
3 | | of 2012, any felony that requires registration as a sex |
4 | | offender under the Sex Offender Registration Act, or a |
5 | | Class X felony or Class 1 felony that is not a |
6 | | violation of the Cannabis Control Act, the Illinois |
7 | | Controlled Substances Act, or the Methamphetamine |
8 | | Control and Community Protection Act. Low level |
9 | | supervision shall require the subject to check in with |
10 | | the supervising officer via phone or other electronic |
11 | | means. Notwithstanding this placement on low level |
12 | | supervision, placement of the subject on electronic |
13 | | monitoring or detention shall not occur unless it is |
14 | | required by law or expressly ordered or approved by the |
15 | | Prisoner Review Board . |
16 | | (b) The Board may in addition to other conditions
require |
17 | | that the subject:
|
18 | | (1) work or pursue a course of study or vocational |
19 | | training;
|
20 | | (2) undergo medical or psychiatric treatment, or |
21 | | treatment
for drug addiction or alcoholism;
|
22 | | (3) attend or reside in a facility established for the
|
23 | | instruction or residence of persons on probation or parole;
|
24 | | (4) support his or her dependents;
|
25 | | (5) (blank);
|
26 | | (6) (blank);
|
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| | SB1607 Enrolled | - 84 - | LRB100 11093 RLC 21351 b |
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1 | | (7) (blank);
|
2 | | (7.5) if convicted for an offense committed on or after |
3 | | the effective date of this amendatory Act of the 95th |
4 | | General Assembly that would qualify the accused as a child |
5 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the |
6 | | Criminal Code of 1961 or the Criminal Code of 2012, refrain |
7 | | from communicating with or contacting, by means of the |
8 | | Internet, a person who is related to the accused and whom |
9 | | the accused reasonably believes to be under 18 years of |
10 | | age; for purposes of this paragraph (7.5), "Internet" has |
11 | | the meaning ascribed to it in Section 16-0.1 of the |
12 | | Criminal Code of 2012; and a person is related to the |
13 | | accused if the person is: (i) the spouse, brother, or |
14 | | sister of the accused; (ii) a descendant of the accused; |
15 | | (iii) a first or second cousin of the accused; or (iv) a |
16 | | step-child or adopted child of the accused; |
17 | | (7.6) if convicted for an offense committed on or after |
18 | | June 1, 2009 (the effective date of Public Act 95-983) that |
19 | | would qualify as a sex offense as defined in the Sex |
20 | | Offender Registration Act: |
21 | | (i) not access or use a computer or any other |
22 | | device with Internet capability without the prior |
23 | | written approval of the Department; |
24 | | (ii) submit to periodic unannounced examinations |
25 | | of the offender's computer or any other device with |
26 | | Internet capability by the offender's supervising |
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1 | | agent, a law enforcement officer, or assigned computer |
2 | | or information technology specialist, including the |
3 | | retrieval and copying of all data from the computer or |
4 | | device and any internal or external peripherals and |
5 | | removal of such information, equipment, or device to |
6 | | conduct a more thorough inspection; |
7 | | (iii) submit to the installation on the offender's |
8 | | computer or device with Internet capability, at the |
9 | | offender's expense, of one or more hardware or software |
10 | | systems to monitor the Internet use; and |
11 | | (iv) submit to any other appropriate restrictions |
12 | | concerning the offender's use of or access to a |
13 | | computer or any other device with Internet capability |
14 | | imposed by the Board, the Department or the offender's |
15 | | supervising agent; and
|
16 | | (8) in addition, if a minor:
|
17 | | (i) reside with his or her parents or in a foster |
18 | | home;
|
19 | | (ii) attend school;
|
20 | | (iii) attend a non-residential program for youth; |
21 | | or
|
22 | | (iv) contribute to his or her own support at home |
23 | | or in a foster
home.
|
24 | | (b-1) In addition to the conditions set forth in |
25 | | subsections (a) and (b), persons required to register as sex |
26 | | offenders pursuant to the Sex Offender Registration Act, upon |
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1 | | release from the custody of the Illinois Department of |
2 | | Corrections, may be required by the Board to comply with the |
3 | | following specific conditions of release: |
4 | | (1) reside only at a Department approved location; |
5 | | (2) comply with all requirements of the Sex Offender |
6 | | Registration Act;
|
7 | | (3) notify
third parties of the risks that may be |
8 | | occasioned by his or her criminal record; |
9 | | (4) obtain the approval of an agent of the Department |
10 | | of Corrections prior to accepting employment or pursuing a |
11 | | course of study or vocational training and notify the |
12 | | Department prior to any change in employment, study, or |
13 | | training; |
14 | | (5) not be employed or participate in any
volunteer |
15 | | activity that involves contact with children, except under |
16 | | circumstances approved in advance and in writing by an |
17 | | agent of the Department of Corrections; |
18 | | (6) be electronically monitored for a minimum of 12 |
19 | | months from the date of release as determined by the Board;
|
20 | | (7) refrain from entering into a designated
geographic |
21 | | area except upon terms approved in advance by an agent of |
22 | | the Department of Corrections. The terms may include |
23 | | consideration of the purpose of the entry, the time of day, |
24 | | and others accompanying the person; |
25 | | (8) refrain from having any contact, including
written |
26 | | or oral communications, directly or indirectly, personally |
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1 | | or by telephone, letter, or through a third party with |
2 | | certain specified persons including, but not limited to, |
3 | | the victim or the victim's family without the prior written |
4 | | approval of an agent of the Department of Corrections; |
5 | | (9) refrain from all contact, directly or
indirectly, |
6 | | personally, by telephone, letter, or through a third party, |
7 | | with minor children without prior identification and |
8 | | approval of an agent of the Department of Corrections; |
9 | | (10) neither possess or have under his or her
control |
10 | | any material that is sexually oriented, sexually |
11 | | stimulating, or that shows male or female sex organs or any |
12 | | pictures depicting children under 18 years of age nude or |
13 | | any written or audio material describing sexual |
14 | | intercourse or that depicts or alludes to sexual activity, |
15 | | including but not limited to visual, auditory, telephonic, |
16 | | or electronic media, or any matter obtained through access |
17 | | to any computer or material linked to computer access use; |
18 | | (11) not patronize any business providing
sexually |
19 | | stimulating or sexually oriented entertainment nor utilize |
20 | | "900" or adult telephone numbers; |
21 | | (12) not reside near, visit, or be in or about
parks, |
22 | | schools, day care centers, swimming pools, beaches, |
23 | | theaters, or any other places where minor children |
24 | | congregate without advance approval of an agent of the |
25 | | Department of Corrections and immediately report any |
26 | | incidental contact with minor children to the Department; |
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1 | | (13) not possess or have under his or her control
|
2 | | certain specified items of contraband related to the |
3 | | incidence of sexually offending as determined by an agent |
4 | | of the Department of Corrections; |
5 | | (14) may be required to provide a written daily log of |
6 | | activities
if directed by an agent of the Department of |
7 | | Corrections; |
8 | | (15) comply with all other special conditions
that the |
9 | | Department may impose that restrict the person from |
10 | | high-risk situations and limit access to potential |
11 | | victims; |
12 | | (16) take an annual polygraph exam; |
13 | | (17) maintain a log of his or her travel; or |
14 | | (18) obtain prior approval of his or her parole officer |
15 | | before driving alone in a motor vehicle.
|
16 | | (c) The conditions under which the parole or mandatory
|
17 | | supervised release is to be served shall be communicated to
the |
18 | | person in writing prior to his or her release, and he or she |
19 | | shall
sign the same before release. A signed copy of these |
20 | | conditions,
including a copy of an order of protection where |
21 | | one had been issued by the
criminal court, shall be retained by |
22 | | the person and another copy forwarded to
the officer in charge |
23 | | of his or her supervision.
|
24 | | (d) After a hearing under Section 3-3-9, the Prisoner
|
25 | | Review Board may modify or enlarge the conditions of parole
or |
26 | | mandatory supervised release.
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1 | | (e) The Department shall inform all offenders committed to
|
2 | | the Department of the optional services available to them
upon |
3 | | release and shall assist inmates in availing themselves
of such |
4 | | optional services upon their release on a voluntary
basis. |
5 | | (f) (Blank).
|
6 | | (Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16; |
7 | | 100-201, eff. 8-18-17; 100-260, eff. 1-1-18.)
|
8 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
|
9 | | (Text of Section from P.A. 99-642 )
|
10 | | Sec. 3-6-3. Rules and regulations for sentence credit.
|
11 | | (a)(1) The Department of Corrections shall prescribe rules
|
12 | | and regulations for awarding and revoking sentence credit for |
13 | | persons committed to the Department which shall
be subject to |
14 | | review by the Prisoner Review Board.
|
15 | | (1.5) As otherwise provided by law, sentence credit may be |
16 | | awarded for the following: |
17 | | (A) successful completion of programming while in |
18 | | custody of the Department or while in custody prior to |
19 | | sentencing; |
20 | | (B) compliance with the rules and regulations of the |
21 | | Department; or |
22 | | (C) service to the institution, service to a community, |
23 | | or service to the State. |
24 | | (2) The rules and regulations on sentence credit shall |
25 | | provide, with
respect to offenses listed in clause (i), (ii), |
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1 | | or (iii) of this paragraph (2) committed on or after June 19, |
2 | | 1998 or with respect to the offense listed in clause (iv) of |
3 | | this paragraph (2) committed on or after June 23, 2005 (the |
4 | | effective date of Public Act 94-71) or with
respect to offense |
5 | | listed in clause (vi)
committed on or after June 1, 2008 (the |
6 | | effective date of Public Act 95-625)
or with respect to the |
7 | | offense of being an armed habitual criminal committed on or |
8 | | after August 2, 2005 (the effective date of Public Act 94-398) |
9 | | or with respect to the offenses listed in clause (v) of this |
10 | | paragraph (2) committed on or after August 13, 2007 (the |
11 | | effective date of Public Act 95-134) or with respect to the |
12 | | offense of aggravated domestic battery committed on or after |
13 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
14 | | with respect to the offense of attempt to commit terrorism |
15 | | committed on or after January 1, 2013 (the effective date of |
16 | | Public Act 97-990), the following:
|
17 | | (i) that a prisoner who is serving a term of |
18 | | imprisonment for first
degree murder or for the offense of |
19 | | terrorism shall receive no sentence
credit and shall serve |
20 | | the entire
sentence imposed by the court;
|
21 | | (ii) that a prisoner serving a sentence for attempt to |
22 | | commit terrorism, attempt to commit first
degree murder, |
23 | | solicitation of murder, solicitation of murder for hire,
|
24 | | intentional homicide of an unborn child, predatory |
25 | | criminal sexual assault of a
child, aggravated criminal |
26 | | sexual assault, criminal sexual assault, aggravated
|
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1 | | kidnapping, aggravated battery with a firearm as described |
2 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
3 | | (e)(4) of Section 12-3.05, heinous battery as described in |
4 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
5 | | being an armed habitual criminal, aggravated
battery of a |
6 | | senior citizen as described in Section 12-4.6 or |
7 | | subdivision (a)(4) of Section 12-3.05, or aggravated |
8 | | battery of a child as described in Section 12-4.3 or |
9 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more |
10 | | than 4.5 days of sentence credit for each month of his or |
11 | | her sentence
of imprisonment;
|
12 | | (iii) that a prisoner serving a sentence
for home |
13 | | invasion, armed robbery, aggravated vehicular hijacking,
|
14 | | aggravated discharge of a firearm, or armed violence with a |
15 | | category I weapon
or category II weapon, when the court
has |
16 | | made and entered a finding, pursuant to subsection (c-1) of |
17 | | Section 5-4-1
of this Code, that the conduct leading to |
18 | | conviction for the enumerated offense
resulted in great |
19 | | bodily harm to a victim, shall receive no more than 4.5 |
20 | | days
of sentence credit for each month of his or her |
21 | | sentence of imprisonment;
|
22 | | (iv) that a prisoner serving a sentence for aggravated |
23 | | discharge of a firearm, whether or not the conduct leading |
24 | | to conviction for the offense resulted in great bodily harm |
25 | | to the victim, shall receive no more than 4.5 days of |
26 | | sentence credit for each month of his or her sentence of |
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1 | | imprisonment;
|
2 | | (v) that a person serving a sentence for gunrunning, |
3 | | narcotics racketeering, controlled substance trafficking, |
4 | | methamphetamine trafficking, drug-induced homicide, |
5 | | aggravated methamphetamine-related child endangerment, |
6 | | money laundering pursuant to clause (c) (4) or (5) of |
7 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, or a Class X felony conviction for delivery |
9 | | of a controlled substance, possession of a controlled |
10 | | substance with intent to manufacture or deliver, |
11 | | calculated criminal drug conspiracy, criminal drug |
12 | | conspiracy, street gang criminal drug conspiracy, |
13 | | participation in methamphetamine manufacturing, aggravated |
14 | | participation in methamphetamine manufacturing, delivery |
15 | | of methamphetamine, possession with intent to deliver |
16 | | methamphetamine, aggravated delivery of methamphetamine, |
17 | | aggravated possession with intent to deliver |
18 | | methamphetamine, methamphetamine conspiracy when the |
19 | | substance containing the controlled substance or |
20 | | methamphetamine is 100 grams or more shall receive no more |
21 | | than 7.5 days sentence credit for each month of his or her |
22 | | sentence of imprisonment;
|
23 | | (vi)
that a prisoner serving a sentence for a second or |
24 | | subsequent offense of luring a minor shall receive no more |
25 | | than 4.5 days of sentence credit for each month of his or |
26 | | her sentence of imprisonment; and
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1 | | (vii) that a prisoner serving a sentence for aggravated |
2 | | domestic battery shall receive no more than 4.5 days of |
3 | | sentence credit for each month of his or her sentence of |
4 | | imprisonment. |
5 | | (2.1) For all offenses, other than those enumerated in |
6 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
7 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
8 | | June 23, 2005 (the effective date of Public Act 94-71) or |
9 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
10 | | (the effective date of Public Act 95-134)
or subdivision |
11 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
12 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed |
13 | | on or after July 23, 2010 (the effective date of Public Act |
14 | | 96-1224), and other than the offense of aggravated driving |
15 | | under the influence of alcohol, other drug or drugs, or
|
16 | | intoxicating compound or compounds, or any combination thereof |
17 | | as defined in
subparagraph (F) of paragraph (1) of subsection |
18 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other |
19 | | than the offense of aggravated driving under the influence of |
20 | | alcohol,
other drug or drugs, or intoxicating compound or |
21 | | compounds, or any combination
thereof as defined in |
22 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section |
23 | | 11-501 of the Illinois Vehicle Code committed on or after |
24 | | January 1, 2011 (the effective date of Public Act 96-1230),
the |
25 | | rules and regulations shall
provide that a prisoner who is |
26 | | serving a term of
imprisonment shall receive one day of |
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1 | | sentence credit for each day of
his or her sentence of |
2 | | imprisonment or recommitment under Section 3-3-9.
Each day of |
3 | | sentence credit shall reduce by one day the prisoner's period
|
4 | | of imprisonment or recommitment under Section 3-3-9.
|
5 | | (2.2) A prisoner serving a term of natural life |
6 | | imprisonment or a
prisoner who has been sentenced to death |
7 | | shall receive no sentence
credit.
|
8 | | (2.3) The rules and regulations on sentence credit shall |
9 | | provide that
a prisoner who is serving a sentence for |
10 | | aggravated driving under the influence of alcohol,
other drug |
11 | | or drugs, or intoxicating compound or compounds, or any |
12 | | combination
thereof as defined in subparagraph (F) of paragraph |
13 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
14 | | Code, shall receive no more than 4.5
days of sentence credit |
15 | | for each month of his or her sentence of
imprisonment.
|
16 | | (2.4) The rules and regulations on sentence credit shall |
17 | | provide with
respect to the offenses of aggravated battery with |
18 | | a machine gun or a firearm
equipped with any device or |
19 | | attachment designed or used for silencing the
report of a |
20 | | firearm or aggravated discharge of a machine gun or a firearm
|
21 | | equipped with any device or attachment designed or used for |
22 | | silencing the
report of a firearm, committed on or after
July |
23 | | 15, 1999 (the effective date of Public Act 91-121),
that a |
24 | | prisoner serving a sentence for any of these offenses shall |
25 | | receive no
more than 4.5 days of sentence credit for each month |
26 | | of his or her sentence
of imprisonment.
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1 | | (2.5) The rules and regulations on sentence credit shall |
2 | | provide that a
prisoner who is serving a sentence for |
3 | | aggravated arson committed on or after
July 27, 2001 (the |
4 | | effective date of Public Act 92-176) shall receive no more than
|
5 | | 4.5 days of sentence credit for each month of his or her |
6 | | sentence of
imprisonment.
|
7 | | (2.6) The rules and regulations on sentence credit shall |
8 | | provide that a
prisoner who is serving a sentence for |
9 | | aggravated driving under the influence of alcohol,
other drug |
10 | | or drugs, or intoxicating compound or compounds or any |
11 | | combination
thereof as defined in subparagraph (C) of paragraph |
12 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
13 | | Code committed on or after January 1, 2011 (the effective date |
14 | | of Public Act 96-1230) shall receive no more than 4.5
days of |
15 | | sentence credit for each month of his or her sentence of
|
16 | | imprisonment. |
17 | | (3) The rules and regulations shall also provide that
the |
18 | | Director may award up to 180 days additional sentence
credit |
19 | | for good conduct in specific instances as the
Director deems |
20 | | proper. The good conduct may include, but is not limited to, |
21 | | compliance with the rules and regulations of the Department, |
22 | | service to the Department, service to a community, or service |
23 | | to the State. However, the Director shall not award more than |
24 | | 90 days
of sentence credit for good conduct to any prisoner who |
25 | | is serving a sentence for
conviction of first degree murder, |
26 | | reckless homicide while under the
influence of alcohol or any |
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1 | | other drug,
or aggravated driving under the influence of |
2 | | alcohol, other drug or drugs, or
intoxicating compound or |
3 | | compounds, or any combination thereof as defined in
|
4 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
5 | | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, |
6 | | kidnapping,
predatory criminal sexual assault of a child,
|
7 | | aggravated criminal sexual assault, criminal sexual assault, |
8 | | deviate sexual
assault, aggravated criminal sexual abuse, |
9 | | aggravated indecent liberties
with a child, indecent liberties |
10 | | with a child, child pornography, heinous
battery as described |
11 | | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
12 | | aggravated battery of a spouse, aggravated battery of a spouse
|
13 | | with a firearm, stalking, aggravated stalking, aggravated |
14 | | battery of a child as described in Section 12-4.3 or |
15 | | subdivision (b)(1) of Section 12-3.05,
endangering the life or |
16 | | health of a child, or cruelty to a child. Notwithstanding the |
17 | | foregoing, sentence credit for
good conduct shall not be |
18 | | awarded on a
sentence of imprisonment imposed for conviction |
19 | | of: (i) one of the offenses
enumerated in subdivision |
20 | | (a)(2)(i), (ii), or (iii) when the offense is committed on or |
21 | | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense |
22 | | is committed on or after June 23, 2005 (the effective date of |
23 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense is |
24 | | committed on or after August 13, 2007 (the effective date of |
25 | | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense |
26 | | is committed on or after June 1, 2008 (the effective date of |
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1 | | Public Act 95-625) or subdivision (a)(2)(vii) when the offense |
2 | | is committed on or after July 23, 2010 (the effective date of |
3 | | Public Act 96-1224), (ii) aggravated driving under the |
4 | | influence of alcohol, other drug or drugs, or
intoxicating |
5 | | compound or compounds, or any combination thereof as defined in
|
6 | | subparagraph (F) of paragraph (1) of subsection (d) of Section |
7 | | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses |
8 | | enumerated in subdivision
(a)(2.4) when the offense is |
9 | | committed on or after
July 15, 1999 (the effective date of |
10 | | Public Act 91-121),
(iv) aggravated arson when the offense is |
11 | | committed
on or after July 27, 2001 (the effective date of |
12 | | Public Act 92-176), (v) offenses that may subject the offender |
13 | | to commitment under the Sexually Violent Persons Commitment |
14 | | Act, or (vi) aggravated driving under the influence of alcohol,
|
15 | | other drug or drugs, or intoxicating compound or compounds or |
16 | | any combination
thereof as defined in subparagraph (C) of |
17 | | paragraph (1) of subsection (d) of
Section 11-501 of the |
18 | | Illinois Vehicle Code committed on or after January 1, 2011 |
19 | | (the effective date of Public Act 96-1230).
|
20 | | Eligible inmates for an award of sentence credit under
this |
21 | | paragraph (3) may be selected to receive the credit at
the |
22 | | Director's or his or her designee's sole discretion.
|
23 | | Consideration may be based on, but not limited to, any
|
24 | | available risk assessment analysis on the inmate, any history |
25 | | of conviction for violent crimes as defined by the Rights of |
26 | | Crime Victims and Witnesses Act, facts and circumstances of the |
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1 | | inmate's holding offense or offenses, and the potential for |
2 | | rehabilitation. |
3 | | The Director shall not award sentence credit under this |
4 | | paragraph (3) to an inmate unless the inmate has served a |
5 | | minimum of 60 days of the sentence; except nothing in this |
6 | | paragraph shall be construed to permit the Director to extend |
7 | | an inmate's sentence beyond that which was imposed by the |
8 | | court. Prior to awarding credit under this paragraph (3), the |
9 | | Director shall make a written determination that the inmate: |
10 | | (A) is eligible for the sentence credit; |
11 | | (B) has served a minimum of 60 days, or as close to 60 |
12 | | days as the sentence will allow; and |
13 | | (C) has met the eligibility criteria established by |
14 | | rule. |
15 | | The Director shall determine the form and content of the |
16 | | written determination required in this subsection. |
17 | | (3.5) The Department shall provide annual written reports |
18 | | to the Governor and the General Assembly on the award of |
19 | | sentence credit for good conduct, with the first report due |
20 | | January 1, 2014. The Department must publish both reports on |
21 | | its website within 48 hours of transmitting the reports to the |
22 | | Governor and the General Assembly. The reports must include: |
23 | | (A) the number of inmates awarded sentence credit for |
24 | | good conduct; |
25 | | (B) the average amount of sentence credit for good |
26 | | conduct awarded; |
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1 | | (C) the holding offenses of inmates awarded sentence |
2 | | credit for good conduct; and |
3 | | (D) the number of sentence credit for good conduct |
4 | | revocations. |
5 | | (4) The rules and regulations shall also provide that the |
6 | | sentence
credit accumulated and retained under paragraph (2.1) |
7 | | of subsection (a) of
this Section by any inmate during specific |
8 | | periods of time in which such
inmate is engaged full-time in |
9 | | substance abuse programs, correctional
industry assignments, |
10 | | educational programs, behavior modification programs, life |
11 | | skills courses, or re-entry planning provided by the Department
|
12 | | under this paragraph (4) and satisfactorily completes the |
13 | | assigned program as
determined by the standards of the |
14 | | Department, shall be multiplied by a factor
of 1.25 for program |
15 | | participation before August 11, 1993
and 1.50 for program |
16 | | participation on or after that date.
The rules and regulations |
17 | | shall also provide that sentence credit, subject to the same |
18 | | offense limits and multiplier provided in this paragraph, may |
19 | | be provided to an inmate who was held in pre-trial detention |
20 | | prior to his or her current commitment to the Department of |
21 | | Corrections and successfully completed a full-time, 60-day or |
22 | | longer substance abuse program, educational program, behavior |
23 | | modification program, life skills course, or re-entry planning |
24 | | provided by the county department of corrections or county |
25 | | jail. Calculation of this county program credit shall be done |
26 | | at sentencing as provided in Section 5-4.5-100 of this Code and |
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1 | | shall be included in the sentencing order. However, no inmate |
2 | | shall be eligible for the additional sentence credit
under this |
3 | | paragraph (4) or (4.1) of this subsection (a) while assigned to |
4 | | a boot camp
or electronic detention, or if convicted of an |
5 | | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of |
6 | | this Section that is committed on or after June 19,
1998 or |
7 | | subdivision (a)(2)(iv) of this Section that is committed on or |
8 | | after June 23, 2005 (the effective date of Public Act 94-71) or |
9 | | subdivision (a)(2)(v) of this Section that is committed on or |
10 | | after August 13, 2007 (the effective date of Public Act 95-134)
|
11 | | or subdivision (a)(2)(vi) when the offense is committed on or |
12 | | after June 1, 2008 (the effective date of Public Act 95-625) or |
13 | | subdivision (a)(2)(vii) when the offense is committed on or |
14 | | after July 23, 2010 (the effective date of Public Act 96-1224), |
15 | | or if convicted of aggravated driving under the influence of |
16 | | alcohol, other drug or drugs, or
intoxicating compound or |
17 | | compounds or any combination thereof as defined in
subparagraph |
18 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
|
19 | | Illinois Vehicle Code, or if convicted of aggravated driving |
20 | | under the influence of alcohol,
other drug or drugs, or |
21 | | intoxicating compound or compounds or any combination
thereof |
22 | | as defined in subparagraph (C) of paragraph (1) of subsection |
23 | | (d) of
Section 11-501 of the Illinois Vehicle Code committed on |
24 | | or after January 1, 2011 (the effective date of Public Act |
25 | | 96-1230), or if convicted of an offense enumerated in paragraph
|
26 | | (a)(2.4) of this Section that is committed on or after
July 15, |
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1 | | 1999 (the effective date of Public Act 91-121),
or first degree |
2 | | murder, a Class X felony, criminal sexual
assault, felony |
3 | | criminal sexual abuse, aggravated criminal sexual abuse,
|
4 | | aggravated battery with a firearm as described in Section |
5 | | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of |
6 | | Section 12-3.05, or any predecessor or successor offenses
with |
7 | | the same or substantially the same elements, or any inchoate |
8 | | offenses
relating to the foregoing offenses. No inmate shall be |
9 | | eligible for the
additional good conduct credit under this |
10 | | paragraph (4) who (i) has previously
received increased good |
11 | | conduct credit under this paragraph (4) and has
subsequently |
12 | | been convicted of a
felony, or (ii) has previously served more |
13 | | than one prior sentence of
imprisonment for a felony in an |
14 | | adult correctional facility.
|
15 | | Educational, vocational, substance abuse, behavior |
16 | | modification programs, life skills courses, re-entry planning, |
17 | | and correctional
industry programs under which sentence credit |
18 | | may be increased under
this paragraph (4) and paragraph (4.1) |
19 | | of this subsection (a) shall be evaluated by the Department on |
20 | | the basis of
documented standards. The Department shall report |
21 | | the results of these
evaluations to the Governor and the |
22 | | General Assembly by September 30th of each
year. The reports |
23 | | shall include data relating to the recidivism rate among
|
24 | | program participants.
|
25 | | Availability of these programs shall be subject to the
|
26 | | limits of fiscal resources appropriated by the General Assembly |
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1 | | for these
purposes. Eligible inmates who are denied immediate |
2 | | admission shall be
placed on a waiting list under criteria |
3 | | established by the Department.
The inability of any inmate to |
4 | | become engaged in any such programs
by reason of insufficient |
5 | | program resources or for any other reason
established under the |
6 | | rules and regulations of the Department shall not be
deemed a |
7 | | cause of action under which the Department or any employee or
|
8 | | agent of the Department shall be liable for damages to the |
9 | | inmate.
|
10 | | (4.1) The rules and regulations shall also provide that an |
11 | | additional 90 days of sentence credit shall be awarded to any |
12 | | prisoner who passes high school equivalency testing while the |
13 | | prisoner is committed to the Department of Corrections. The |
14 | | sentence credit awarded under this paragraph (4.1) shall be in |
15 | | addition to, and shall not affect, the award of sentence credit |
16 | | under any other paragraph of this Section, but shall also be |
17 | | pursuant to the guidelines and restrictions set forth in |
18 | | paragraph (4) of subsection (a) of this Section.
The sentence |
19 | | credit provided for in this paragraph shall be available only |
20 | | to those prisoners who have not previously earned a high school |
21 | | diploma or a high school equivalency certificate. If, after an |
22 | | award of the high school equivalency testing sentence credit |
23 | | has been made, the Department determines that the prisoner was |
24 | | not eligible, then the award shall be revoked.
The Department |
25 | | may also award 90 days of sentence credit to any committed |
26 | | person who passed high school equivalency testing while he or |
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1 | | she was held in pre-trial detention prior to the current |
2 | | commitment to the Department of Corrections. |
3 | | (4.5) The rules and regulations on sentence credit shall |
4 | | also provide that
when the court's sentencing order recommends |
5 | | a prisoner for substance abuse treatment and the
crime was |
6 | | committed on or after September 1, 2003 (the effective date of
|
7 | | Public Act 93-354), the prisoner shall receive no sentence |
8 | | credit awarded under clause (3) of this subsection (a) unless |
9 | | he or she participates in and
completes a substance abuse |
10 | | treatment program. The Director may waive the requirement to |
11 | | participate in or complete a substance abuse treatment program |
12 | | and award the sentence credit in specific instances if the |
13 | | prisoner is not a good candidate for a substance abuse |
14 | | treatment program for medical, programming, or operational |
15 | | reasons. Availability of
substance abuse treatment shall be |
16 | | subject to the limits of fiscal resources
appropriated by the |
17 | | General Assembly for these purposes. If treatment is not
|
18 | | available and the requirement to participate and complete the |
19 | | treatment has not been waived by the Director, the prisoner |
20 | | shall be placed on a waiting list under criteria
established by |
21 | | the Department. The Director may allow a prisoner placed on
a |
22 | | waiting list to participate in and complete a substance abuse |
23 | | education class or attend substance
abuse self-help meetings in |
24 | | lieu of a substance abuse treatment program. A prisoner on a |
25 | | waiting list who is not placed in a substance abuse program |
26 | | prior to release may be eligible for a waiver and receive |
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1 | | sentence credit under clause (3) of this subsection (a) at the |
2 | | discretion of the Director.
|
3 | | (4.6) The rules and regulations on sentence credit shall |
4 | | also provide that a prisoner who has been convicted of a sex |
5 | | offense as defined in Section 2 of the Sex Offender |
6 | | Registration Act shall receive no sentence credit unless he or |
7 | | she either has successfully completed or is participating in |
8 | | sex offender treatment as defined by the Sex Offender |
9 | | Management Board. However, prisoners who are waiting to receive |
10 | | treatment, but who are unable to do so due solely to the lack |
11 | | of resources on the part of the Department, may, at the |
12 | | Director's sole discretion, be awarded sentence credit at a |
13 | | rate as the Director shall determine. |
14 | | (5) Whenever the Department is to release any inmate |
15 | | earlier than it
otherwise would because of a grant of sentence |
16 | | credit for good conduct under paragraph (3) of subsection (a) |
17 | | of this Section given at any time during the term, the |
18 | | Department shall give
reasonable notice of the impending |
19 | | release not less than 14 days prior to the date of the release |
20 | | to the State's
Attorney of the county where the prosecution of |
21 | | the inmate took place, and if applicable, the State's Attorney |
22 | | of the county into which the inmate will be released. The |
23 | | Department must also make identification information and a |
24 | | recent photo of the inmate being released accessible on the |
25 | | Internet by means of a hyperlink labeled "Community |
26 | | Notification of Inmate Early Release" on the Department's World |
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1 | | Wide Web homepage.
The identification information shall |
2 | | include the inmate's: name, any known alias, date of birth, |
3 | | physical characteristics, commitment offense and county where |
4 | | conviction was imposed. The identification information shall |
5 | | be placed on the website within 3 days of the inmate's release |
6 | | and the information may not be removed until either: completion |
7 | | of the first year of mandatory supervised release or return of |
8 | | the inmate to custody of the Department.
|
9 | | (b) Whenever a person is or has been committed under
|
10 | | several convictions, with separate sentences, the sentences
|
11 | | shall be construed under Section 5-8-4 in granting and
|
12 | | forfeiting of sentence credit.
|
13 | | (c) The Department shall prescribe rules and regulations
|
14 | | for revoking sentence credit, including revoking sentence |
15 | | credit awarded for good conduct under paragraph (3) of |
16 | | subsection (a) of this Section. The Department shall prescribe |
17 | | rules and regulations for suspending or reducing
the rate of |
18 | | accumulation of sentence credit for specific
rule violations, |
19 | | during imprisonment. These rules and regulations
shall provide |
20 | | that no inmate may be penalized more than one
year of sentence |
21 | | credit for any one infraction.
|
22 | | When the Department seeks to revoke, suspend or reduce
the |
23 | | rate of accumulation of any sentence credits for
an alleged |
24 | | infraction of its rules, it shall bring charges
therefor |
25 | | against the prisoner sought to be so deprived of
sentence |
26 | | credits before the Prisoner Review Board as
provided in |
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1 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
2 | | amount of credit at issue exceeds 30 days or
when during any 12 |
3 | | month period, the cumulative amount of
credit revoked exceeds |
4 | | 30 days except where the infraction is committed
or discovered |
5 | | within 60 days of scheduled release. In those cases,
the |
6 | | Department of Corrections may revoke up to 30 days of sentence |
7 | | credit.
The Board may subsequently approve the revocation of |
8 | | additional sentence credit, if the Department seeks to revoke |
9 | | sentence credit in
excess of 30 days. However, the Board shall |
10 | | not be empowered to review the
Department's decision with |
11 | | respect to the loss of 30 days of sentence
credit within any |
12 | | calendar year for any prisoner or to increase any penalty
|
13 | | beyond the length requested by the Department.
|
14 | | The Director of the Department of Corrections, in |
15 | | appropriate cases, may
restore up to 30 days of sentence |
16 | | credits which have been revoked, suspended
or reduced. Any |
17 | | restoration of sentence credits in excess of 30 days shall
be |
18 | | subject to review by the Prisoner Review Board. However, the |
19 | | Board may not
restore sentence credit in excess of the amount |
20 | | requested by the Director.
|
21 | | Nothing contained in this Section shall prohibit the |
22 | | Prisoner Review Board
from ordering, pursuant to Section |
23 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
24 | | sentence imposed by the court that was not served due to the
|
25 | | accumulation of sentence credit.
|
26 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
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1 | | federal court
against the State, the Department of Corrections, |
2 | | or the Prisoner Review Board,
or against any of
their officers |
3 | | or employees, and the court makes a specific finding that a
|
4 | | pleading, motion, or other paper filed by the prisoner is |
5 | | frivolous, the
Department of Corrections shall conduct a |
6 | | hearing to revoke up to
180 days of sentence credit by bringing |
7 | | charges against the prisoner
sought to be deprived of the |
8 | | sentence credits before the Prisoner Review
Board as provided |
9 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
10 | | prisoner has not accumulated 180 days of sentence credit at the
|
11 | | time of the finding, then the Prisoner Review Board may revoke |
12 | | all
sentence credit accumulated by the prisoner.
|
13 | | For purposes of this subsection (d):
|
14 | | (1) "Frivolous" means that a pleading, motion, or other |
15 | | filing which
purports to be a legal document filed by a |
16 | | prisoner in his or her lawsuit meets
any or all of the |
17 | | following criteria:
|
18 | | (A) it lacks an arguable basis either in law or in |
19 | | fact;
|
20 | | (B) it is being presented for any improper purpose, |
21 | | such as to harass or
to cause unnecessary delay or |
22 | | needless increase in the cost of litigation;
|
23 | | (C) the claims, defenses, and other legal |
24 | | contentions therein are not
warranted by existing law |
25 | | or by a nonfrivolous argument for the extension,
|
26 | | modification, or reversal of existing law or the |
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1 | | establishment of new law;
|
2 | | (D) the allegations and other factual contentions |
3 | | do not have
evidentiary
support or, if specifically so |
4 | | identified, are not likely to have evidentiary
support |
5 | | after a reasonable opportunity for further |
6 | | investigation or discovery;
or
|
7 | | (E) the denials of factual contentions are not |
8 | | warranted on the
evidence, or if specifically so |
9 | | identified, are not reasonably based on a lack
of |
10 | | information or belief.
|
11 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
12 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
13 | | action under
Article X of the Code of Civil Procedure or |
14 | | under federal law (28 U.S.C. 2254),
a petition for claim |
15 | | under the Court of Claims Act, an action under the
federal |
16 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
17 | | subsequent petition for post-conviction relief under |
18 | | Article 122 of the Code of Criminal Procedure of 1963 |
19 | | whether filed with or without leave of court or a second or |
20 | | subsequent petition for relief from judgment under Section |
21 | | 2-1401 of the Code of Civil Procedure.
|
22 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
23 | | validity of Public Act 89-404.
|
24 | | (f) Whenever the Department is to release any inmate who |
25 | | has been convicted of a violation of an order of protection |
26 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
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1 | | the Criminal Code of 2012, earlier than it
otherwise would |
2 | | because of a grant of sentence credit, the Department, as a |
3 | | condition of release, shall require that the person, upon |
4 | | release, be placed under electronic surveillance as provided in |
5 | | Section 5-8A-7 of this Code. |
6 | | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, |
7 | | eff. 7-28-16; 100-3, eff. 1-1-18.)
|
8 | | (Text of Section from P.A. 99-938 and 100-3 ) |
9 | | Sec. 3-6-3. Rules and regulations for sentence credit.
|
10 | | (a)(1) The Department of Corrections shall prescribe rules
|
11 | | and regulations for awarding and revoking sentence credit for |
12 | | persons committed to the Department which shall
be subject to |
13 | | review by the Prisoner Review Board.
|
14 | | (1.5) As otherwise provided by law, sentence credit may be |
15 | | awarded for the following: |
16 | | (A) successful completion of programming while in |
17 | | custody of the Department or while in custody prior to |
18 | | sentencing; |
19 | | (B) compliance with the rules and regulations of the |
20 | | Department; or |
21 | | (C) service to the institution, service to a community, |
22 | | or service to the State. |
23 | | (2) Except as provided in paragraph (4.7) of this |
24 | | subsection (a), the rules and regulations on sentence credit |
25 | | shall provide, with
respect to offenses listed in clause (i), |
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1 | | (ii), or (iii) of this paragraph (2) committed on or after June |
2 | | 19, 1998 or with respect to the offense listed in clause (iv) |
3 | | of this paragraph (2) committed on or after June 23, 2005 (the |
4 | | effective date of Public Act 94-71) or with
respect to offense |
5 | | listed in clause (vi)
committed on or after June 1, 2008 (the |
6 | | effective date of Public Act 95-625)
or with respect to the |
7 | | offense of being an armed habitual criminal committed on or |
8 | | after August 2, 2005 (the effective date of Public Act 94-398) |
9 | | or with respect to the offenses listed in clause (v) of this |
10 | | paragraph (2) committed on or after August 13, 2007 (the |
11 | | effective date of Public Act 95-134) or with respect to the |
12 | | offense of aggravated domestic battery committed on or after |
13 | | July 23, 2010 (the effective date of Public Act 96-1224) or |
14 | | with respect to the offense of attempt to commit terrorism |
15 | | committed on or after January 1, 2013 (the effective date of |
16 | | Public Act 97-990), the following:
|
17 | | (i) that a prisoner who is serving a term of |
18 | | imprisonment for first
degree murder or for the offense of |
19 | | terrorism shall receive no sentence
credit and shall serve |
20 | | the entire
sentence imposed by the court;
|
21 | | (ii) that a prisoner serving a sentence for attempt to |
22 | | commit terrorism, attempt to commit first
degree murder, |
23 | | solicitation of murder, solicitation of murder for hire,
|
24 | | intentional homicide of an unborn child, predatory |
25 | | criminal sexual assault of a
child, aggravated criminal |
26 | | sexual assault, criminal sexual assault, aggravated
|
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1 | | kidnapping, aggravated battery with a firearm as described |
2 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or |
3 | | (e)(4) of Section 12-3.05, heinous battery as described in |
4 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
5 | | being an armed habitual criminal, aggravated
battery of a |
6 | | senior citizen as described in Section 12-4.6 or |
7 | | subdivision (a)(4) of Section 12-3.05, or aggravated |
8 | | battery of a child as described in Section 12-4.3 or |
9 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more |
10 | | than 4.5 days of sentence credit for each month of his or |
11 | | her sentence
of imprisonment;
|
12 | | (iii) that a prisoner serving a sentence
for home |
13 | | invasion, armed robbery, aggravated vehicular hijacking,
|
14 | | aggravated discharge of a firearm, or armed violence with a |
15 | | category I weapon
or category II weapon, when the court
has |
16 | | made and entered a finding, pursuant to subsection (c-1) of |
17 | | Section 5-4-1
of this Code, that the conduct leading to |
18 | | conviction for the enumerated offense
resulted in great |
19 | | bodily harm to a victim, shall receive no more than 4.5 |
20 | | days
of sentence credit for each month of his or her |
21 | | sentence of imprisonment;
|
22 | | (iv) that a prisoner serving a sentence for aggravated |
23 | | discharge of a firearm, whether or not the conduct leading |
24 | | to conviction for the offense resulted in great bodily harm |
25 | | to the victim, shall receive no more than 4.5 days of |
26 | | sentence credit for each month of his or her sentence of |
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1 | | imprisonment;
|
2 | | (v) that a person serving a sentence for gunrunning, |
3 | | narcotics racketeering, controlled substance trafficking, |
4 | | methamphetamine trafficking, drug-induced homicide, |
5 | | aggravated methamphetamine-related child endangerment, |
6 | | money laundering pursuant to clause (c) (4) or (5) of |
7 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, or a Class X felony conviction for delivery |
9 | | of a controlled substance, possession of a controlled |
10 | | substance with intent to manufacture or deliver, |
11 | | calculated criminal drug conspiracy, criminal drug |
12 | | conspiracy, street gang criminal drug conspiracy, |
13 | | participation in methamphetamine manufacturing, aggravated |
14 | | participation in methamphetamine manufacturing, delivery |
15 | | of methamphetamine, possession with intent to deliver |
16 | | methamphetamine, aggravated delivery of methamphetamine, |
17 | | aggravated possession with intent to deliver |
18 | | methamphetamine, methamphetamine conspiracy when the |
19 | | substance containing the controlled substance or |
20 | | methamphetamine is 100 grams or more shall receive no more |
21 | | than 7.5 days sentence credit for each month of his or her |
22 | | sentence of imprisonment;
|
23 | | (vi)
that a prisoner serving a sentence for a second or |
24 | | subsequent offense of luring a minor shall receive no more |
25 | | than 4.5 days of sentence credit for each month of his or |
26 | | her sentence of imprisonment; and
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1 | | (vii) that a prisoner serving a sentence for aggravated |
2 | | domestic battery shall receive no more than 4.5 days of |
3 | | sentence credit for each month of his or her sentence of |
4 | | imprisonment. |
5 | | (2.1) For all offenses, other than those enumerated in |
6 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
7 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after |
8 | | June 23, 2005 (the effective date of Public Act 94-71) or |
9 | | subdivision (a)(2)(v) committed on or after August 13, 2007 |
10 | | (the effective date of Public Act 95-134)
or subdivision |
11 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective |
12 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed |
13 | | on or after July 23, 2010 (the effective date of Public Act |
14 | | 96-1224), and other than the offense of aggravated driving |
15 | | under the influence of alcohol, other drug or drugs, or
|
16 | | intoxicating compound or compounds, or any combination thereof |
17 | | as defined in
subparagraph (F) of paragraph (1) of subsection |
18 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other |
19 | | than the offense of aggravated driving under the influence of |
20 | | alcohol,
other drug or drugs, or intoxicating compound or |
21 | | compounds, or any combination
thereof as defined in |
22 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section |
23 | | 11-501 of the Illinois Vehicle Code committed on or after |
24 | | January 1, 2011 (the effective date of Public Act 96-1230),
the |
25 | | rules and regulations shall
provide that a prisoner who is |
26 | | serving a term of
imprisonment shall receive one day of |
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1 | | sentence credit for each day of
his or her sentence of |
2 | | imprisonment or recommitment under Section 3-3-9.
Each day of |
3 | | sentence credit shall reduce by one day the prisoner's period
|
4 | | of imprisonment or recommitment under Section 3-3-9.
|
5 | | (2.2) A prisoner serving a term of natural life |
6 | | imprisonment or a
prisoner who has been sentenced to death |
7 | | shall receive no sentence
credit.
|
8 | | (2.3) Except as provided in paragraph (4.7) of this |
9 | | subsection (a), the rules and regulations on sentence credit |
10 | | shall provide that
a prisoner who is serving a sentence for |
11 | | aggravated driving under the influence of alcohol,
other drug |
12 | | or drugs, or intoxicating compound or compounds, or any |
13 | | combination
thereof as defined in subparagraph (F) of paragraph |
14 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
15 | | Code, shall receive no more than 4.5
days of sentence credit |
16 | | for each month of his or her sentence of
imprisonment.
|
17 | | (2.4) Except as provided in paragraph (4.7) of this |
18 | | subsection (a), the rules and regulations on sentence credit |
19 | | shall provide with
respect to the offenses of aggravated |
20 | | battery with a machine gun or a firearm
equipped with any |
21 | | device or attachment designed or used for silencing the
report |
22 | | of a firearm or aggravated discharge of a machine gun or a |
23 | | firearm
equipped with any device or attachment designed or used |
24 | | for silencing the
report of a firearm, committed on or after
|
25 | | July 15, 1999 (the effective date of Public Act 91-121),
that a |
26 | | prisoner serving a sentence for any of these offenses shall |
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1 | | receive no
more than 4.5 days of sentence credit for each month |
2 | | of his or her sentence
of imprisonment.
|
3 | | (2.5) Except as provided in paragraph (4.7) of this |
4 | | subsection (a), the rules and regulations on sentence credit |
5 | | shall provide that a
prisoner who is serving a sentence for |
6 | | aggravated arson committed on or after
July 27, 2001 (the |
7 | | effective date of Public Act 92-176) shall receive no more than
|
8 | | 4.5 days of sentence credit for each month of his or her |
9 | | sentence of
imprisonment.
|
10 | | (2.6) Except as provided in paragraph (4.7) of this |
11 | | subsection (a), the rules and regulations on sentence credit |
12 | | shall provide that a
prisoner who is serving a sentence for |
13 | | aggravated driving under the influence of alcohol,
other drug |
14 | | or drugs, or intoxicating compound or compounds or any |
15 | | combination
thereof as defined in subparagraph (C) of paragraph |
16 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle |
17 | | Code committed on or after January 1, 2011 (the effective date |
18 | | of Public Act 96-1230) shall receive no more than 4.5
days of |
19 | | sentence credit for each month of his or her sentence of
|
20 | | imprisonment. |
21 | | (3) In addition to the sentence credits earned under |
22 | | paragraphs (2.1), (4), (4.1), and Except as provided in |
23 | | paragraph (4.7) of this subsection (a), the rules and |
24 | | regulations shall also provide that
the Director may award up |
25 | | to 180 days of earned sentence
credit for good conduct in |
26 | | specific instances as the
Director deems proper. The good |
|
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1 | | conduct may include, but is not limited to, compliance with the |
2 | | rules and regulations of the Department, service to the |
3 | | Department, service to a community, or service to the State.
|
4 | | Eligible inmates for an award of earned sentence credit |
5 | | under
this paragraph (3) may be selected to receive the credit |
6 | | at
the Director's or his or her designee's sole discretion.
|
7 | | Eligibility for the additional earned sentence credit under |
8 | | this paragraph (3) shall be based on, but is not limited to, |
9 | | the results of any available risk/needs assessment or other |
10 | | relevant assessments or evaluations administered by the |
11 | | Department using a validated instrument, the circumstances of |
12 | | the crime, any history of conviction for a forcible felony |
13 | | enumerated in Section 2-8 of the Criminal Code of 2012, the |
14 | | inmate's behavior and disciplinary history while incarcerated, |
15 | | and the inmate's commitment to rehabilitation, including |
16 | | participation in programming offered by the Department. |
17 | | The Director shall not award sentence credit under this |
18 | | paragraph (3) to an inmate unless the inmate has served a |
19 | | minimum of 60 days of the sentence; except nothing in this |
20 | | paragraph shall be construed to permit the Director to extend |
21 | | an inmate's sentence beyond that which was imposed by the |
22 | | court. Prior to awarding credit under this paragraph (3), the |
23 | | Director shall make a written determination that the inmate: |
24 | | (A) is eligible for the earned sentence credit; |
25 | | (B) has served a minimum of 60 days, or as close to 60 |
26 | | days as the sentence will allow; |
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1 | | (B-1) has received a risk/needs assessment or other |
2 | | relevant evaluation or assessment administered by the |
3 | | Department using a validated instrument; and |
4 | | (C) has met the eligibility criteria established under |
5 | | paragraph (4) of this subsection (a) and by rule for earned |
6 | | sentence credit. |
7 | | The Director shall determine the form and content of the |
8 | | written determination required in this subsection. |
9 | | (3.5) The Department shall provide annual written reports |
10 | | to the Governor and the General Assembly on the award of earned |
11 | | sentence credit no later than February 1 of each year. The |
12 | | Department must publish both reports on its website within 48 |
13 | | hours of transmitting the reports to the Governor and the |
14 | | General Assembly. The reports must include: |
15 | | (A) the number of inmates awarded earned sentence |
16 | | credit; |
17 | | (B) the average amount of earned sentence credit |
18 | | awarded; |
19 | | (C) the holding offenses of inmates awarded earned |
20 | | sentence credit; and |
21 | | (D) the number of earned sentence credit revocations. |
22 | | (4) Except as provided in paragraph (4.7) of this |
23 | | subsection (a), the rules and regulations shall also provide |
24 | | that the sentence
credit accumulated and retained under |
25 | | paragraph (2.1) of subsection (a) of
this Section by any inmate |
26 | | during specific periods of time in which such
inmate is engaged |
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1 | | full-time in substance abuse programs, correctional
industry |
2 | | assignments, educational programs, behavior modification |
3 | | programs, life skills courses, or re-entry planning provided by |
4 | | the Department
under this paragraph (4) and satisfactorily |
5 | | completes the assigned program as
determined by the standards |
6 | | of the Department, shall be multiplied by a factor
of 1.25 for |
7 | | program participation before August 11, 1993
and 1.50 for |
8 | | program participation on or after that date.
The rules and |
9 | | regulations shall also provide that sentence credit, subject to |
10 | | the same offense limits and multiplier provided in this |
11 | | paragraph, may be provided to an inmate who was held in |
12 | | pre-trial detention prior to his or her current commitment to |
13 | | the Department of Corrections and successfully completed a |
14 | | full-time, 60-day or longer substance abuse program, |
15 | | educational program, behavior modification program, life |
16 | | skills course, or re-entry planning provided by the county |
17 | | department of corrections or county jail. Calculation of this |
18 | | county program credit shall be done at sentencing as provided |
19 | | in Section 5-4.5-100 of this Code and shall be included in the |
20 | | sentencing order. However, no inmate shall be eligible for the |
21 | | additional sentence credit
under this paragraph (4) or (4.1) of |
22 | | this subsection (a) while assigned to a boot camp
or electronic |
23 | | detention.
|
24 | | Educational, vocational, substance abuse, behavior |
25 | | modification programs, life skills courses, re-entry planning, |
26 | | and correctional
industry programs under which sentence credit |
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1 | | may be increased under
this paragraph (4) and paragraph (4.1) |
2 | | of this subsection (a) shall be evaluated by the Department on |
3 | | the basis of
documented standards. The Department shall report |
4 | | the results of these
evaluations to the Governor and the |
5 | | General Assembly by September 30th of each
year. The reports |
6 | | shall include data relating to the recidivism rate among
|
7 | | program participants.
|
8 | | Availability of these programs shall be subject to the
|
9 | | limits of fiscal resources appropriated by the General Assembly |
10 | | for these
purposes. Eligible inmates who are denied immediate |
11 | | admission shall be
placed on a waiting list under criteria |
12 | | established by the Department.
The inability of any inmate to |
13 | | become engaged in any such programs
by reason of insufficient |
14 | | program resources or for any other reason
established under the |
15 | | rules and regulations of the Department shall not be
deemed a |
16 | | cause of action under which the Department or any employee or
|
17 | | agent of the Department shall be liable for damages to the |
18 | | inmate.
|
19 | | (4.1) Except as provided in paragraph (4.7) of this |
20 | | subsection (a), the rules and regulations shall also provide |
21 | | that an additional 90 days of sentence credit shall be awarded |
22 | | to any prisoner who passes high school equivalency testing |
23 | | while the prisoner is committed to the Department of |
24 | | Corrections. The sentence credit awarded under this paragraph |
25 | | (4.1) shall be in addition to, and shall not affect, the award |
26 | | of sentence credit under any other paragraph of this Section, |
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1 | | but shall also be pursuant to the guidelines and restrictions |
2 | | set forth in paragraph (4) of subsection (a) of this Section.
|
3 | | The sentence credit provided for in this paragraph shall be |
4 | | available only to those prisoners who have not previously |
5 | | earned a high school diploma or a high school equivalency |
6 | | certificate. If, after an award of the high school equivalency |
7 | | testing sentence credit has been made, the Department |
8 | | determines that the prisoner was not eligible, then the award |
9 | | shall be revoked.
The Department may also award 90 days of |
10 | | sentence credit to any committed person who passed high school |
11 | | equivalency testing while he or she was held in pre-trial |
12 | | detention prior to the current commitment to the Department of |
13 | | Corrections. |
14 | | (4.5) The rules and regulations on sentence credit shall |
15 | | also provide that
when the court's sentencing order recommends |
16 | | a prisoner for substance abuse treatment and the
crime was |
17 | | committed on or after September 1, 2003 (the effective date of
|
18 | | Public Act 93-354), the prisoner shall receive no sentence |
19 | | credit awarded under clause (3) of this subsection (a) unless |
20 | | he or she participates in and
completes a substance abuse |
21 | | treatment program. The Director may waive the requirement to |
22 | | participate in or complete a substance abuse treatment program |
23 | | in specific instances if the prisoner is not a good candidate |
24 | | for a substance abuse treatment program for medical, |
25 | | programming, or operational reasons. Availability of
substance |
26 | | abuse treatment shall be subject to the limits of fiscal |
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1 | | resources
appropriated by the General Assembly for these |
2 | | purposes. If treatment is not
available and the requirement to |
3 | | participate and complete the treatment has not been waived by |
4 | | the Director, the prisoner shall be placed on a waiting list |
5 | | under criteria
established by the Department. The Director may |
6 | | allow a prisoner placed on
a waiting list to participate in and |
7 | | complete a substance abuse education class or attend substance
|
8 | | abuse self-help meetings in lieu of a substance abuse treatment |
9 | | program. A prisoner on a waiting list who is not placed in a |
10 | | substance abuse program prior to release may be eligible for a |
11 | | waiver and receive sentence credit under clause (3) of this |
12 | | subsection (a) at the discretion of the Director.
|
13 | | (4.6) The rules and regulations on sentence credit shall |
14 | | also provide that a prisoner who has been convicted of a sex |
15 | | offense as defined in Section 2 of the Sex Offender |
16 | | Registration Act shall receive no sentence credit unless he or |
17 | | she either has successfully completed or is participating in |
18 | | sex offender treatment as defined by the Sex Offender |
19 | | Management Board. However, prisoners who are waiting to receive |
20 | | treatment, but who are unable to do so due solely to the lack |
21 | | of resources on the part of the Department, may, at the |
22 | | Director's sole discretion, be awarded sentence credit at a |
23 | | rate as the Director shall determine. |
24 | | (4.7) On or after the effective date of this amendatory Act |
25 | | of the 100th General Assembly, sentence credit under paragraph |
26 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a |
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1 | | prisoner who is serving a sentence for an offense described in |
2 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
3 | | on or after the effective date of this amendatory Act of the |
4 | | 100th General Assembly; provided, the award of the credits |
5 | | under this paragraph (4.7) shall not reduce the sentence of the |
6 | | prisoner to less than the following amounts: |
7 | | (i) 85% of his or her sentence if the prisoner is |
8 | | required to serve 85% of his or her sentence; or |
9 | | (ii) 60% of his or her sentence if the prisoner is |
10 | | required to serve 75% of his or her sentence, except if the |
11 | | prisoner is serving a sentence for gunrunning his or her |
12 | | sentence shall not be reduced to less than 75%. |
13 | | This paragraph (4.7) shall not apply to a prisoner serving |
14 | | a sentence for an offense described in subparagraph (i) of |
15 | | paragraph (2) of this subsection (a). |
16 | | (5) Whenever the Department is to release any inmate |
17 | | earlier than it
otherwise would because of a grant of earned |
18 | | sentence credit under paragraph (3) of subsection (a) of this |
19 | | Section given at any time during the term, the Department shall |
20 | | give
reasonable notice of the impending release not less than |
21 | | 14 days prior to the date of the release to the State's
|
22 | | Attorney of the county where the prosecution of the inmate took |
23 | | place, and if applicable, the State's Attorney of the county |
24 | | into which the inmate will be released. The Department must |
25 | | also make identification information and a recent photo of the |
26 | | inmate being released accessible on the Internet by means of a |
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1 | | hyperlink labeled "Community Notification of Inmate Early |
2 | | Release" on the Department's World Wide Web homepage.
The |
3 | | identification information shall include the inmate's: name, |
4 | | any known alias, date of birth, physical characteristics, |
5 | | commitment offense and county where conviction was imposed. The |
6 | | identification information shall be placed on the website |
7 | | within 3 days of the inmate's release and the information may |
8 | | not be removed until either: completion of the first year of |
9 | | mandatory supervised release or return of the inmate to custody |
10 | | of the Department.
|
11 | | (b) Whenever a person is or has been committed under
|
12 | | several convictions, with separate sentences, the sentences
|
13 | | shall be construed under Section 5-8-4 in granting and
|
14 | | forfeiting of sentence credit.
|
15 | | (c) The Department shall prescribe rules and regulations
|
16 | | for revoking sentence credit, including revoking sentence |
17 | | credit awarded under paragraph (3) of subsection (a) of this |
18 | | Section. The Department shall prescribe rules and regulations |
19 | | for suspending or reducing
the rate of accumulation of sentence |
20 | | credit for specific
rule violations, during imprisonment. |
21 | | These rules and regulations
shall provide that no inmate may be |
22 | | penalized more than one
year of sentence credit for any one |
23 | | infraction.
|
24 | | When the Department seeks to revoke, suspend or reduce
the |
25 | | rate of accumulation of any sentence credits for
an alleged |
26 | | infraction of its rules, it shall bring charges
therefor |
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1 | | against the prisoner sought to be so deprived of
sentence |
2 | | credits before the Prisoner Review Board as
provided in |
3 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
4 | | amount of credit at issue exceeds 30 days or
when during any 12 |
5 | | month period, the cumulative amount of
credit revoked exceeds |
6 | | 30 days except where the infraction is committed
or discovered |
7 | | within 60 days of scheduled release. In those cases,
the |
8 | | Department of Corrections may revoke up to 30 days of sentence |
9 | | credit.
The Board may subsequently approve the revocation of |
10 | | additional sentence credit, if the Department seeks to revoke |
11 | | sentence credit in
excess of 30 days. However, the Board shall |
12 | | not be empowered to review the
Department's decision with |
13 | | respect to the loss of 30 days of sentence
credit within any |
14 | | calendar year for any prisoner or to increase any penalty
|
15 | | beyond the length requested by the Department.
|
16 | | The Director of the Department of Corrections, in |
17 | | appropriate cases, may
restore up to 30 days of sentence |
18 | | credits which have been revoked, suspended
or reduced. Any |
19 | | restoration of sentence credits in excess of 30 days shall
be |
20 | | subject to review by the Prisoner Review Board. However, the |
21 | | Board may not
restore sentence credit in excess of the amount |
22 | | requested by the Director.
|
23 | | Nothing contained in this Section shall prohibit the |
24 | | Prisoner Review Board
from ordering, pursuant to Section |
25 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
26 | | sentence imposed by the court that was not served due to the
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1 | | accumulation of sentence credit.
|
2 | | (d) If a lawsuit is filed by a prisoner in an Illinois or |
3 | | federal court
against the State, the Department of Corrections, |
4 | | or the Prisoner Review Board,
or against any of
their officers |
5 | | or employees, and the court makes a specific finding that a
|
6 | | pleading, motion, or other paper filed by the prisoner is |
7 | | frivolous, the
Department of Corrections shall conduct a |
8 | | hearing to revoke up to
180 days of sentence credit by bringing |
9 | | charges against the prisoner
sought to be deprived of the |
10 | | sentence credits before the Prisoner Review
Board as provided |
11 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
12 | | prisoner has not accumulated 180 days of sentence credit at the
|
13 | | time of the finding, then the Prisoner Review Board may revoke |
14 | | all
sentence credit accumulated by the prisoner.
|
15 | | For purposes of this subsection (d):
|
16 | | (1) "Frivolous" means that a pleading, motion, or other |
17 | | filing which
purports to be a legal document filed by a |
18 | | prisoner in his or her lawsuit meets
any or all of the |
19 | | following criteria:
|
20 | | (A) it lacks an arguable basis either in law or in |
21 | | fact;
|
22 | | (B) it is being presented for any improper purpose, |
23 | | such as to harass or
to cause unnecessary delay or |
24 | | needless increase in the cost of litigation;
|
25 | | (C) the claims, defenses, and other legal |
26 | | contentions therein are not
warranted by existing law |
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1 | | or by a nonfrivolous argument for the extension,
|
2 | | modification, or reversal of existing law or the |
3 | | establishment of new law;
|
4 | | (D) the allegations and other factual contentions |
5 | | do not have
evidentiary
support or, if specifically so |
6 | | identified, are not likely to have evidentiary
support |
7 | | after a reasonable opportunity for further |
8 | | investigation or discovery;
or
|
9 | | (E) the denials of factual contentions are not |
10 | | warranted on the
evidence, or if specifically so |
11 | | identified, are not reasonably based on a lack
of |
12 | | information or belief.
|
13 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 |
14 | | of the Code of Criminal Procedure of 1963, a habeas corpus |
15 | | action under
Article X of the Code of Civil Procedure or |
16 | | under federal law (28 U.S.C. 2254),
a petition for claim |
17 | | under the Court of Claims Act, an action under the
federal |
18 | | Civil Rights Act (42 U.S.C. 1983), or a second or |
19 | | subsequent petition for post-conviction relief under |
20 | | Article 122 of the Code of Criminal Procedure of 1963 |
21 | | whether filed with or without leave of court or a second or |
22 | | subsequent petition for relief from judgment under Section |
23 | | 2-1401 of the Code of Civil Procedure.
|
24 | | (e) Nothing in Public Act 90-592 or 90-593 affects the |
25 | | validity of Public Act 89-404.
|
26 | | (f) Whenever the Department is to release any inmate who |
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1 | | has been convicted of a violation of an order of protection |
2 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
3 | | the Criminal Code of 2012, earlier than it
otherwise would |
4 | | because of a grant of sentence credit, the Department, as a |
5 | | condition of release, shall require that the person, upon |
6 | | release, be placed under electronic surveillance as provided in |
7 | | Section 5-8A-7 of this Code. |
8 | | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, |
9 | | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)
|
10 | | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
11 | | (Text of Section before amendment by P.A. 99-938 )
|
12 | | Sec. 5-5-3. Disposition.
|
13 | | (a) (Blank).
|
14 | | (b) (Blank).
|
15 | | (c) (1) (Blank).
|
16 | | (2) A period of probation, a term of periodic imprisonment |
17 | | or
conditional discharge shall not be imposed for the following |
18 | | offenses.
The court shall sentence the offender to not less |
19 | | than the minimum term
of imprisonment set forth in this Code |
20 | | for the following offenses, and
may order a fine or restitution |
21 | | or both in conjunction with such term of
imprisonment:
|
22 | | (A) First degree murder where the death penalty is not |
23 | | imposed.
|
24 | | (B) Attempted first degree murder.
|
25 | | (C) A Class X felony.
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1 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
2 | | Controlled Substances Act, or a violation of subdivision |
3 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates |
4 | | to more than 5 grams of a substance
containing cocaine, |
5 | | fentanyl, or an analog thereof.
|
6 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
7 | | of the Illinois Controlled Substances Act which relates to |
8 | | 3 or more grams of a substance
containing heroin or an |
9 | | analog thereof. |
10 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
11 | | Control
Act.
|
12 | | (F) A Class 2 or greater felony if the offender had |
13 | | been convicted
of a Class 2 or greater felony, including |
14 | | any state or federal conviction for an offense that |
15 | | contained, at the time it was committed, the same elements |
16 | | as an offense now (the date of the offense committed after |
17 | | the prior Class 2 or greater felony) classified as a Class |
18 | | 2 or greater felony, within 10 years of the date on which |
19 | | the
offender
committed the offense for which he or she is |
20 | | being sentenced, except as
otherwise provided in Section |
21 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
22 | | Act.
|
23 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
24 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
25 | | which imprisonment is prescribed in those Sections. |
26 | | (G) Residential burglary, except as otherwise provided |
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1 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
2 | | Dependency Act.
|
3 | | (H) Criminal sexual assault.
|
4 | | (I) Aggravated battery of a senior citizen as described |
5 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
6 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
7 | | (J) A forcible felony if the offense was related to the |
8 | | activities of an
organized gang.
|
9 | | Before July 1, 1994, for the purposes of this |
10 | | paragraph, "organized
gang" means an association of 5 or |
11 | | more persons, with an established hierarchy,
that |
12 | | encourages members of the association to perpetrate crimes |
13 | | or provides
support to the members of the association who |
14 | | do commit crimes.
|
15 | | Beginning July 1, 1994, for the purposes of this |
16 | | paragraph,
"organized gang" has the meaning ascribed to it |
17 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
18 | | Prevention Act.
|
19 | | (K) Vehicular hijacking.
|
20 | | (L) A second or subsequent conviction for the offense |
21 | | of hate crime
when the underlying offense upon which the |
22 | | hate crime is based is felony
aggravated
assault or felony |
23 | | mob action.
|
24 | | (M) A second or subsequent conviction for the offense |
25 | | of institutional
vandalism if the damage to the property |
26 | | exceeds $300.
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1 | | (N) A Class 3 felony violation of paragraph (1) of |
2 | | subsection (a) of
Section 2 of the Firearm Owners |
3 | | Identification Card Act.
|
4 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
5 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
6 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
7 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
8 | | Code of 1961 or the Criminal Code of 2012.
|
9 | | (Q) A violation of subsection (b) or (b-5) of Section |
10 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
11 | | Code of
1961 or the Criminal Code of 2012.
|
12 | | (R) A violation of Section 24-3A of the Criminal Code |
13 | | of
1961 or the Criminal Code of 2012.
|
14 | | (S) (Blank).
|
15 | | (T) A second or subsequent violation of the |
16 | | Methamphetamine Control and Community Protection Act.
|
17 | | (U) A second or subsequent violation of Section 6-303 |
18 | | of the Illinois Vehicle Code committed while his or her |
19 | | driver's license, permit, or privilege was revoked because |
20 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
21 | | or the Criminal Code of 2012, relating to the offense of |
22 | | reckless homicide, or a similar provision of a law of |
23 | | another state.
|
24 | | (V)
A violation of paragraph (4) of subsection (c) of |
25 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
26 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
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1 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
2 | | Code of 2012 when the victim is under 13 years of age and |
3 | | the defendant has previously been convicted under the laws |
4 | | of this State or any other state of the offense of child |
5 | | pornography, aggravated child pornography, aggravated |
6 | | criminal sexual abuse, aggravated criminal sexual assault, |
7 | | predatory criminal sexual assault of a child, or any of the |
8 | | offenses formerly known as rape, deviate sexual assault, |
9 | | indecent liberties with a child, or aggravated indecent |
10 | | liberties with a child where the victim was under the age |
11 | | of 18 years or an offense that is substantially equivalent |
12 | | to those offenses. |
13 | | (W) A violation of Section 24-3.5 of the Criminal Code |
14 | | of 1961 or the Criminal Code of 2012.
|
15 | | (X) A violation of subsection (a) of Section 31-1a of |
16 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
17 | | (Y) A conviction for unlawful possession of a firearm |
18 | | by a street gang member when the firearm was loaded or |
19 | | contained firearm ammunition. |
20 | | (Z) A Class 1 felony committed while he or she was |
21 | | serving a term of probation or conditional discharge for a |
22 | | felony. |
23 | | (AA) Theft of property exceeding $500,000 and not |
24 | | exceeding $1,000,000 in value. |
25 | | (BB) Laundering of criminally derived property of a |
26 | | value exceeding
$500,000. |
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1 | | (CC) Knowingly selling, offering for sale, holding for |
2 | | sale, or using 2,000 or more counterfeit items or |
3 | | counterfeit items having a retail value in the aggregate of |
4 | | $500,000 or more. |
5 | | (DD) A conviction for aggravated assault under |
6 | | paragraph (6) of subsection (c) of Section 12-2 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
8 | | firearm is aimed toward the person against whom the firearm |
9 | | is being used. |
10 | | (EE) A conviction for a violation of paragraph (2) of |
11 | | subsection (a) of Section 24-3B of the Criminal Code of |
12 | | 2012. |
13 | | (3) (Blank).
|
14 | | (4) A minimum term of imprisonment of not less than 10
|
15 | | consecutive days or 30 days of community service shall be |
16 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
17 | | the Illinois Vehicle Code.
|
18 | | (4.1) (Blank).
|
19 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
20 | | this subsection (c), a
minimum of
100 hours of community |
21 | | service shall be imposed for a second violation of
Section |
22 | | 6-303
of the Illinois Vehicle Code.
|
23 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
24 | | hours of community
service, as determined by the court, shall
|
25 | | be imposed for a second violation of subsection (c) of Section |
26 | | 6-303 of the
Illinois Vehicle Code.
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1 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
2 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
3 | | 30 days or 300 hours of community service, as
determined by the |
4 | | court, shall
be imposed
for a third or subsequent violation of |
5 | | Section 6-303 of the Illinois Vehicle
Code. The court may give |
6 | | credit toward the fulfillment of community service hours for |
7 | | participation in activities and treatment as determined by |
8 | | court services.
|
9 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
10 | | imposed for a third violation of subsection (c) of
Section |
11 | | 6-303 of the Illinois Vehicle Code.
|
12 | | (4.6) Except as provided in paragraph (4.10) of this |
13 | | subsection (c), a minimum term of imprisonment of 180 days |
14 | | shall be imposed for a
fourth or subsequent violation of |
15 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
16 | | (4.7) A minimum term of imprisonment of not less than 30 |
17 | | consecutive days, or 300 hours of community service, shall be |
18 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
19 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
20 | | that Section.
|
21 | | (4.8) A mandatory prison sentence shall be imposed for a |
22 | | second violation of subsection (a-5) of Section 6-303 of the |
23 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
24 | | Section. The person's driving privileges shall be revoked for a |
25 | | period of not less than 5 years from the date of his or her |
26 | | release from prison.
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1 | | (4.9) A mandatory prison sentence of not less than 4 and |
2 | | not more than 15 years shall be imposed for a third violation |
3 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
4 | | Code, as provided in subsection (d-2.5) of that Section. The |
5 | | person's driving privileges shall be revoked for the remainder |
6 | | of his or her life.
|
7 | | (4.10) A mandatory prison sentence for a Class 1 felony |
8 | | shall be imposed, and the person shall be eligible for an |
9 | | extended term sentence, for a fourth or subsequent violation of |
10 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
11 | | as provided in subsection (d-3.5) of that Section. The person's |
12 | | driving privileges shall be revoked for the remainder of his or |
13 | | her life.
|
14 | | (5) The court may sentence a corporation or unincorporated
|
15 | | association convicted of any offense to:
|
16 | | (A) a period of conditional discharge;
|
17 | | (B) a fine;
|
18 | | (C) make restitution to the victim under Section 5-5-6 |
19 | | of this Code.
|
20 | | (5.1) In addition to any other penalties imposed, and |
21 | | except as provided in paragraph (5.2) or (5.3), a person
|
22 | | convicted of violating subsection (c) of Section 11-907 of the |
23 | | Illinois
Vehicle Code shall have his or her driver's license, |
24 | | permit, or privileges
suspended for at least 90 days but not |
25 | | more than one year, if the violation
resulted in damage to the |
26 | | property of another person.
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1 | | (5.2) In addition to any other penalties imposed, and |
2 | | except as provided in paragraph (5.3), a person convicted
of |
3 | | violating subsection (c) of Section 11-907 of the Illinois |
4 | | Vehicle Code
shall have his or her driver's license, permit, or |
5 | | privileges suspended for at
least 180 days but not more than 2 |
6 | | years, if the violation resulted in injury
to
another person.
|
7 | | (5.3) In addition to any other penalties imposed, a person |
8 | | convicted of violating subsection (c) of Section
11-907 of the |
9 | | Illinois Vehicle Code shall have his or her driver's license,
|
10 | | permit, or privileges suspended for 2 years, if the violation |
11 | | resulted in the
death of another person.
|
12 | | (5.4) In addition to any other penalties imposed, a person |
13 | | convicted of violating Section 3-707 of the Illinois Vehicle |
14 | | Code shall have his or her driver's license, permit, or |
15 | | privileges suspended for 3 months and until he or she has paid |
16 | | a reinstatement fee of $100. |
17 | | (5.5) In addition to any other penalties imposed, a person |
18 | | convicted of violating Section 3-707 of the Illinois Vehicle |
19 | | Code during a period in which his or her driver's license, |
20 | | permit, or privileges were suspended for a previous violation |
21 | | of that Section shall have his or her driver's license, permit, |
22 | | or privileges suspended for an additional 6 months after the |
23 | | expiration of the original 3-month suspension and until he or |
24 | | she has paid a reinstatement fee of $100.
|
25 | | (6) (Blank).
|
26 | | (7) (Blank).
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1 | | (8) (Blank).
|
2 | | (9) A defendant convicted of a second or subsequent offense |
3 | | of ritualized
abuse of a child may be sentenced to a term of |
4 | | natural life imprisonment.
|
5 | | (10) (Blank).
|
6 | | (11) The court shall impose a minimum fine of $1,000 for a |
7 | | first offense
and $2,000 for a second or subsequent offense |
8 | | upon a person convicted of or
placed on supervision for battery |
9 | | when the individual harmed was a sports
official or coach at |
10 | | any level of competition and the act causing harm to the
sports
|
11 | | official or coach occurred within an athletic facility or |
12 | | within the immediate vicinity
of the athletic facility at which |
13 | | the sports official or coach was an active
participant
of the |
14 | | athletic contest held at the athletic facility. For the |
15 | | purposes of
this paragraph (11), "sports official" means a |
16 | | person at an athletic contest
who enforces the rules of the |
17 | | contest, such as an umpire or referee; "athletic facility" |
18 | | means an indoor or outdoor playing field or recreational area |
19 | | where sports activities are conducted;
and "coach" means a |
20 | | person recognized as a coach by the sanctioning
authority that |
21 | | conducted the sporting event. |
22 | | (12) A person may not receive a disposition of court |
23 | | supervision for a
violation of Section 5-16 of the Boat |
24 | | Registration and Safety Act if that
person has previously |
25 | | received a disposition of court supervision for a
violation of |
26 | | that Section.
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1 | | (13) A person convicted of or placed on court supervision |
2 | | for an assault or aggravated assault when the victim and the |
3 | | offender are family or household members as defined in Section |
4 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
5 | | of domestic battery or aggravated domestic battery may be |
6 | | required to attend a Partner Abuse Intervention Program under |
7 | | protocols set forth by the Illinois Department of Human |
8 | | Services under such terms and conditions imposed by the court. |
9 | | The costs of such classes shall be paid by the offender.
|
10 | | (d) In any case in which a sentence originally imposed is |
11 | | vacated,
the case shall be remanded to the trial court. The |
12 | | trial court shall
hold a hearing under Section 5-4-1 of the |
13 | | Unified Code of Corrections
which may include evidence of the |
14 | | defendant's life, moral character and
occupation during the |
15 | | time since the original sentence was passed. The
trial court |
16 | | shall then impose sentence upon the defendant. The trial
court |
17 | | may impose any sentence which could have been imposed at the
|
18 | | original trial subject to Section 5-5-4 of the Unified Code of |
19 | | Corrections.
If a sentence is vacated on appeal or on |
20 | | collateral attack due to the
failure of the trier of fact at |
21 | | trial to determine beyond a reasonable doubt
the
existence of a |
22 | | fact (other than a prior conviction) necessary to increase the
|
23 | | punishment for the offense beyond the statutory maximum |
24 | | otherwise applicable,
either the defendant may be re-sentenced |
25 | | to a term within the range otherwise
provided or, if the State |
26 | | files notice of its intention to again seek the
extended |
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1 | | sentence, the defendant shall be afforded a new trial.
|
2 | | (e) In cases where prosecution for
aggravated criminal |
3 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
4 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
5 | | of a defendant
who was a family member of the victim at the |
6 | | time of the commission of the
offense, the court shall consider |
7 | | the safety and welfare of the victim and
may impose a sentence |
8 | | of probation only where:
|
9 | | (1) the court finds (A) or (B) or both are appropriate:
|
10 | | (A) the defendant is willing to undergo a court |
11 | | approved counseling
program for a minimum duration of 2 |
12 | | years; or
|
13 | | (B) the defendant is willing to participate in a |
14 | | court approved plan
including but not limited to the |
15 | | defendant's:
|
16 | | (i) removal from the household;
|
17 | | (ii) restricted contact with the victim;
|
18 | | (iii) continued financial support of the |
19 | | family;
|
20 | | (iv) restitution for harm done to the victim; |
21 | | and
|
22 | | (v) compliance with any other measures that |
23 | | the court may
deem appropriate; and
|
24 | | (2) the court orders the defendant to pay for the |
25 | | victim's counseling
services, to the extent that the court |
26 | | finds, after considering the
defendant's income and |
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1 | | assets, that the defendant is financially capable of
paying |
2 | | for such services, if the victim was under 18 years of age |
3 | | at the
time the offense was committed and requires |
4 | | counseling as a result of the
offense.
|
5 | | Probation may be revoked or modified pursuant to Section |
6 | | 5-6-4; except
where the court determines at the hearing that |
7 | | the defendant violated a
condition of his or her probation |
8 | | restricting contact with the victim or
other family members or |
9 | | commits another offense with the victim or other
family |
10 | | members, the court shall revoke the defendant's probation and
|
11 | | impose a term of imprisonment.
|
12 | | For the purposes of this Section, "family member" and |
13 | | "victim" shall have
the meanings ascribed to them in Section |
14 | | 11-0.1 of the Criminal Code of
2012.
|
15 | | (f) (Blank).
|
16 | | (g) Whenever a defendant is convicted of an offense under |
17 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
18 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
19 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
20 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
21 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
22 | | Criminal Code of 2012,
the defendant shall undergo medical |
23 | | testing to
determine whether the defendant has any sexually |
24 | | transmissible disease,
including a test for infection with |
25 | | human immunodeficiency virus (HIV) or
any other identified |
26 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
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1 | | Any such medical test shall be performed only by appropriately
|
2 | | licensed medical practitioners and may include an analysis of |
3 | | any bodily
fluids as well as an examination of the defendant's |
4 | | person.
Except as otherwise provided by law, the results of |
5 | | such test shall be kept
strictly confidential by all medical |
6 | | personnel involved in the testing and must
be personally |
7 | | delivered in a sealed envelope to the judge of the court in |
8 | | which
the conviction was entered for the judge's inspection in |
9 | | camera. Acting in
accordance with the best interests of the |
10 | | victim and the public, the judge
shall have the discretion to |
11 | | determine to whom, if anyone, the results of the
testing may be |
12 | | revealed. The court shall notify the defendant
of the test |
13 | | results. The court shall
also notify the victim if requested by |
14 | | the victim, and if the victim is under
the age of 15 and if |
15 | | requested by the victim's parents or legal guardian, the
court |
16 | | shall notify the victim's parents or legal guardian of the test
|
17 | | results.
The court shall provide information on the |
18 | | availability of HIV testing
and counseling at Department of |
19 | | Public Health facilities to all parties to
whom the results of |
20 | | the testing are revealed and shall direct the State's
Attorney |
21 | | to provide the information to the victim when possible.
A |
22 | | State's Attorney may petition the court to obtain the results |
23 | | of any HIV test
administered under this Section, and the court |
24 | | shall grant the disclosure if
the State's Attorney shows it is |
25 | | relevant in order to prosecute a charge of
criminal |
26 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
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1 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
2 | | defendant. The court shall order that the cost of any such test
|
3 | | shall be paid by the county and may be taxed as costs against |
4 | | 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 |
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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 12-5.01 or |
14 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
15 | | 2012 against the defendant. The court shall order that the cost |
16 | | of any
such test shall be paid by the county and may be taxed as |
17 | | costs against the
convicted 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 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
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1 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
2 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
3 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
4 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
5 | | Code of 2012, any violation of the Illinois Controlled |
6 | | Substances Act,
any violation of the Cannabis Control Act, or |
7 | | any violation of the Methamphetamine Control and Community |
8 | | Protection Act results in conviction, a
disposition of court |
9 | | supervision, or an order of probation granted under
Section 10 |
10 | | of the Cannabis Control Act, Section 410 of the Illinois
|
11 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
12 | | Control and Community Protection Act of a defendant, the court |
13 | | shall determine whether the
defendant is employed by a facility |
14 | | or center as defined under the Child Care
Act of 1969, a public |
15 | | or private elementary or secondary school, or otherwise
works |
16 | | with children under 18 years of age on a daily basis. When a |
17 | | defendant
is so employed, the court shall order the Clerk of |
18 | | the Court to send a copy of
the judgment of conviction or order |
19 | | of supervision or probation to the
defendant's employer by |
20 | | certified mail.
If the employer of the defendant is a school, |
21 | | the Clerk of the Court shall
direct the mailing of a copy of |
22 | | the judgment of conviction or order of
supervision or probation |
23 | | to the appropriate regional superintendent of schools.
The |
24 | | regional superintendent of schools shall notify the State Board |
25 | | of
Education of any notification under this subsection.
|
26 | | (j-5) A defendant at least 17 years of age who is convicted |
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1 | | of a felony and
who has not been previously convicted of a |
2 | | misdemeanor or felony and who is
sentenced to a term of |
3 | | imprisonment in the Illinois Department of Corrections
shall as |
4 | | a condition of his or her sentence be required by the court to |
5 | | attend
educational courses designed to prepare the defendant |
6 | | for a high school diploma
and to work toward a high school |
7 | | diploma or to work toward passing high school equivalency |
8 | | testing or to work toward
completing a vocational training |
9 | | program offered by the Department of
Corrections. If a |
10 | | defendant fails to complete the educational training
required |
11 | | by his or her sentence during the term of incarceration, the |
12 | | Prisoner
Review Board shall, as a condition of mandatory |
13 | | supervised release, require the
defendant, at his or her own |
14 | | expense, to pursue a course of study toward a high
school |
15 | | diploma or passage of high school equivalency testing. The |
16 | | Prisoner Review Board shall
revoke the mandatory supervised |
17 | | release of a defendant who wilfully fails to
comply with this |
18 | | subsection (j-5) upon his or her release from confinement in a
|
19 | | penal institution while serving a mandatory supervised release |
20 | | term; however,
the inability of the defendant after making a |
21 | | good faith effort to obtain
financial aid or pay for the |
22 | | educational training shall not be deemed a wilful
failure to |
23 | | comply. The Prisoner Review Board shall recommit the defendant
|
24 | | whose mandatory supervised release term has been revoked under |
25 | | this subsection
(j-5) as provided in Section 3-3-9. This |
26 | | subsection (j-5) does not apply to a
defendant who has a high |
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1 | | school diploma or has successfully passed high school |
2 | | equivalency testing. This subsection (j-5) does not apply to a |
3 | | defendant who is determined by
the court to be a person with a |
4 | | developmental disability or otherwise mentally incapable of
|
5 | | completing the educational or vocational program.
|
6 | | (k) (Blank).
|
7 | | (l) (A) Except as provided
in paragraph (C) of subsection |
8 | | (l), whenever a defendant,
who is an alien as defined by the |
9 | | Immigration and Nationality Act, is convicted
of any felony or |
10 | | misdemeanor offense, the court after sentencing the defendant
|
11 | | may, upon motion of the State's Attorney, hold sentence in |
12 | | abeyance and remand
the defendant to the custody of the |
13 | | Attorney General of
the United States or his or her designated |
14 | | agent to be deported when:
|
15 | | (1) a final order of deportation has been issued |
16 | | against the defendant
pursuant to proceedings under the |
17 | | Immigration and Nationality Act, and
|
18 | | (2) the deportation of the defendant would not |
19 | | deprecate the seriousness
of the defendant's conduct and |
20 | | would not be inconsistent with the ends of
justice.
|
21 | | Otherwise, the defendant shall be sentenced as provided in |
22 | | this Chapter V.
|
23 | | (B) If the defendant has already been sentenced for a |
24 | | felony or
misdemeanor
offense, or has been placed on probation |
25 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
26 | | the Illinois Controlled Substances Act, or Section 70 of the |
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1 | | Methamphetamine Control and Community Protection Act, the |
2 | | court
may, upon motion of the State's Attorney to suspend the
|
3 | | sentence imposed, commit the defendant to the custody of the |
4 | | Attorney General
of the United States or his or her designated |
5 | | agent when:
|
6 | | (1) a final order of deportation has been issued |
7 | | against the defendant
pursuant to proceedings under the |
8 | | Immigration and Nationality Act, and
|
9 | | (2) the deportation of the defendant would not |
10 | | deprecate the seriousness
of the defendant's conduct and |
11 | | would not be inconsistent with the ends of
justice.
|
12 | | (C) This subsection (l) does not apply to offenders who are |
13 | | subject to the
provisions of paragraph (2) of subsection (a) of |
14 | | 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 the |
17 | | United States, the defendant
shall be recommitted to the |
18 | | custody of the county from which he or she was
sentenced.
|
19 | | Thereafter, the defendant shall be brought before the |
20 | | sentencing court, which
may impose any sentence that was |
21 | | available under Section 5-5-3 at the time of
initial |
22 | | sentencing. In addition, the defendant shall not be eligible |
23 | | for
additional sentence credit for good conduct as provided |
24 | | under
Section 3-6-3.
|
25 | | (m) A person convicted of criminal defacement of property |
26 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012, in which the property damage exceeds |
2 | | $300
and the property damaged is a school building, shall be |
3 | | ordered to perform
community service that may include cleanup, |
4 | | removal, or painting over the
defacement.
|
5 | | (n) The court may sentence a person convicted of a |
6 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
7 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
8 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
9 | | incarceration program if the person is otherwise eligible for |
10 | | that program
under Section 5-8-1.1, (ii) to community service, |
11 | | or (iii) if the person is an
addict or alcoholic, as defined in |
12 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
13 | | substance or alcohol abuse program licensed under that
Act. |
14 | | (o) Whenever a person is convicted of a sex offense as |
15 | | defined in Section 2 of the Sex Offender Registration Act, the |
16 | | defendant's driver's license or permit shall be subject to |
17 | | renewal on an annual basis in accordance with the provisions of |
18 | | license renewal established by the Secretary of State.
|
19 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
20 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
|
21 | | (Text of Section after amendment by P.A. 99-938 ) |
22 | | Sec. 5-5-3. Disposition.
|
23 | | (a) (Blank).
|
24 | | (b) (Blank).
|
25 | | (c) (1) (Blank).
|
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1 | | (2) A period of probation, a term of periodic imprisonment |
2 | | or
conditional discharge shall not be imposed for the following |
3 | | offenses.
The court shall sentence the offender to not less |
4 | | than the minimum term
of imprisonment set forth in this Code |
5 | | for the following offenses, and
may order a fine or restitution |
6 | | or both in conjunction with such term of
imprisonment:
|
7 | | (A) First degree murder where the death penalty is not |
8 | | imposed.
|
9 | | (B) Attempted first degree murder.
|
10 | | (C) A Class X felony.
|
11 | | (D) A violation of Section 401.1 or 407 of the
Illinois |
12 | | Controlled Substances Act, or a violation of subdivision |
13 | | (c)(1.5) of
Section 401 of that Act which relates to more |
14 | | than 5 grams of a substance
containing fentanyl or an |
15 | | analog thereof.
|
16 | | (D-5) A violation of subdivision (c)(1) of
Section 401 |
17 | | of the Illinois Controlled Substances Act which relates to |
18 | | 3 or more grams of a substance
containing heroin or an |
19 | | analog thereof. |
20 | | (E) (Blank).
|
21 | | (F) A Class 1 or greater felony if the offender had |
22 | | been convicted
of a Class 1 or greater felony, including |
23 | | any state or federal conviction for an offense that |
24 | | contained, at the time it was committed, the same elements |
25 | | as an offense now (the date of the offense committed after |
26 | | the prior Class 1 or greater felony) classified as a Class |
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1 | | 1 or greater felony, within 10 years of the date on which |
2 | | the
offender
committed the offense for which he or she is |
3 | | being sentenced, except as
otherwise provided in Section |
4 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
5 | | Act.
|
6 | | (F-3) A Class 2 or greater felony sex offense or felony |
7 | | firearm offense if the offender had been convicted of a |
8 | | Class 2 or greater felony, including any state or federal |
9 | | conviction for an offense that contained, at the time it |
10 | | was committed, the same elements as an offense now (the |
11 | | date of the offense committed after the prior Class 2 or |
12 | | greater felony) classified as a Class 2 or greater felony, |
13 | | within 10 years of the date on which the offender committed |
14 | | the offense for which he or she is being sentenced, except |
15 | | as otherwise provided in Section 40-10 of the Alcoholism |
16 | | and Other Drug Abuse and Dependency Act. |
17 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of |
18 | | the Criminal Code of 1961 or the Criminal Code of 2012 for |
19 | | which imprisonment is prescribed in those Sections. |
20 | | (G) Residential burglary, except as otherwise provided |
21 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and |
22 | | Dependency Act.
|
23 | | (H) Criminal sexual assault.
|
24 | | (I) Aggravated battery of a senior citizen as described |
25 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 |
26 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
|
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1 | | (J) A forcible felony if the offense was related to the |
2 | | activities of an
organized gang.
|
3 | | Before July 1, 1994, for the purposes of this |
4 | | paragraph, "organized
gang" means an association of 5 or |
5 | | more persons, with an established hierarchy,
that |
6 | | encourages members of the association to perpetrate crimes |
7 | | or provides
support to the members of the association who |
8 | | do commit crimes.
|
9 | | Beginning July 1, 1994, for the purposes of this |
10 | | paragraph,
"organized gang" has the meaning ascribed to it |
11 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus |
12 | | Prevention Act.
|
13 | | (K) Vehicular hijacking.
|
14 | | (L) A second or subsequent conviction for the offense |
15 | | of hate crime
when the underlying offense upon which the |
16 | | hate crime is based is felony
aggravated
assault or felony |
17 | | mob action.
|
18 | | (M) A second or subsequent conviction for the offense |
19 | | of institutional
vandalism if the damage to the property |
20 | | exceeds $300.
|
21 | | (N) A Class 3 felony violation of paragraph (1) of |
22 | | subsection (a) of
Section 2 of the Firearm Owners |
23 | | Identification Card Act.
|
24 | | (O) A violation of Section 12-6.1 or 12-6.5 of the |
25 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
26 | | (P) A violation of paragraph (1), (2), (3), (4), (5), |
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1 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal |
2 | | Code of 1961 or the Criminal Code of 2012.
|
3 | | (Q) A violation of subsection (b) or (b-5) of Section |
4 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal |
5 | | Code of
1961 or the Criminal Code of 2012.
|
6 | | (R) A violation of Section 24-3A of the Criminal Code |
7 | | of
1961 or the Criminal Code of 2012.
|
8 | | (S) (Blank).
|
9 | | (T) (Blank).
|
10 | | (U) A second or subsequent violation of Section 6-303 |
11 | | of the Illinois Vehicle Code committed while his or her |
12 | | driver's license, permit, or privilege was revoked because |
13 | | of a violation of Section 9-3 of the Criminal Code of 1961 |
14 | | or the Criminal Code of 2012, relating to the offense of |
15 | | reckless homicide, or a similar provision of a law of |
16 | | another state.
|
17 | | (V)
A violation of paragraph (4) of subsection (c) of |
18 | | Section 11-20.1B or paragraph (4) of subsection (c) of |
19 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph |
20 | | (6) of subsection (a) of Section 11-20.1 of the Criminal |
21 | | Code of 2012 when the victim is under 13 years of age and |
22 | | the defendant has previously been convicted under the laws |
23 | | of this State or any other state of the offense of child |
24 | | pornography, aggravated child pornography, aggravated |
25 | | criminal sexual abuse, aggravated criminal sexual assault, |
26 | | predatory criminal sexual assault of a child, or any of the |
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1 | | offenses formerly known as rape, deviate sexual assault, |
2 | | indecent liberties with a child, or aggravated indecent |
3 | | liberties with a child where the victim was under the age |
4 | | of 18 years or an offense that is substantially equivalent |
5 | | to those offenses. |
6 | | (W) A violation of Section 24-3.5 of the Criminal Code |
7 | | of 1961 or the Criminal Code of 2012.
|
8 | | (X) A violation of subsection (a) of Section 31-1a of |
9 | | the Criminal Code of 1961 or the Criminal Code of 2012. |
10 | | (Y) A conviction for unlawful possession of a firearm |
11 | | by a street gang member when the firearm was loaded or |
12 | | contained firearm ammunition. |
13 | | (Z) A Class 1 felony committed while he or she was |
14 | | serving a term of probation or conditional discharge for a |
15 | | felony. |
16 | | (AA) Theft of property exceeding $500,000 and not |
17 | | exceeding $1,000,000 in value. |
18 | | (BB) Laundering of criminally derived property of a |
19 | | value exceeding
$500,000. |
20 | | (CC) Knowingly selling, offering for sale, holding for |
21 | | sale, or using 2,000 or more counterfeit items or |
22 | | counterfeit items having a retail value in the aggregate of |
23 | | $500,000 or more. |
24 | | (DD) A conviction for aggravated assault under |
25 | | paragraph (6) of subsection (c) of Section 12-2 of the |
26 | | Criminal Code of 1961 or the Criminal Code of 2012 if the |
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1 | | firearm is aimed toward the person against whom the firearm |
2 | | is being used. |
3 | | (EE) A conviction for a violation of paragraph (2) of |
4 | | subsection (a) of Section 24-3B of the Criminal Code of |
5 | | 2012. |
6 | | (3) (Blank).
|
7 | | (4) A minimum term of imprisonment of not less than 10
|
8 | | consecutive days or 30 days of community service shall be |
9 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
10 | | the Illinois Vehicle Code.
|
11 | | (4.1) (Blank).
|
12 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
13 | | this subsection (c), a
minimum of
100 hours of community |
14 | | service shall be imposed for a second violation of
Section |
15 | | 6-303
of the Illinois Vehicle Code.
|
16 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
17 | | hours of community
service, as determined by the court, shall
|
18 | | be imposed for a second violation of subsection (c) of Section |
19 | | 6-303 of the
Illinois Vehicle Code.
|
20 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and |
21 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of |
22 | | 30 days or 300 hours of community service, as
determined by the |
23 | | court, shall
be imposed
for a third or subsequent violation of |
24 | | Section 6-303 of the Illinois Vehicle
Code. The court may give |
25 | | credit toward the fulfillment of community service hours for |
26 | | participation in activities and treatment as determined by |
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1 | | court services.
|
2 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
3 | | imposed for a third violation of subsection (c) of
Section |
4 | | 6-303 of the Illinois Vehicle Code.
|
5 | | (4.6) Except as provided in paragraph (4.10) of this |
6 | | subsection (c), a minimum term of imprisonment of 180 days |
7 | | shall be imposed for a
fourth or subsequent violation of |
8 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
9 | | (4.7) A minimum term of imprisonment of not less than 30 |
10 | | consecutive days, or 300 hours of community service, shall be |
11 | | imposed for a violation of subsection (a-5) of Section 6-303 of |
12 | | the Illinois Vehicle Code, as provided in subsection (b-5) of |
13 | | that Section.
|
14 | | (4.8) A mandatory prison sentence shall be imposed for a |
15 | | second violation of subsection (a-5) of Section 6-303 of the |
16 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
17 | | Section. The person's driving privileges shall be revoked for a |
18 | | period of not less than 5 years from the date of his or her |
19 | | release from prison.
|
20 | | (4.9) A mandatory prison sentence of not less than 4 and |
21 | | not more than 15 years shall be imposed for a third violation |
22 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
23 | | Code, as provided in subsection (d-2.5) of that Section. The |
24 | | person's driving privileges shall be revoked for the remainder |
25 | | of his or her life.
|
26 | | (4.10) A mandatory prison sentence for a Class 1 felony |
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1 | | shall be imposed, and the person shall be eligible for an |
2 | | extended term sentence, for a fourth or subsequent violation of |
3 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, |
4 | | as provided in subsection (d-3.5) of that Section. The person's |
5 | | driving privileges shall be revoked for the remainder of his or |
6 | | her life.
|
7 | | (5) The court may sentence a corporation or unincorporated
|
8 | | association convicted of any offense to:
|
9 | | (A) a period of conditional discharge;
|
10 | | (B) a fine;
|
11 | | (C) make restitution to the victim under Section 5-5-6 |
12 | | of this Code.
|
13 | | (5.1) In addition to any other penalties imposed, and |
14 | | except as provided in paragraph (5.2) or (5.3), a person
|
15 | | convicted of violating subsection (c) of Section 11-907 of the |
16 | | Illinois
Vehicle Code shall have his or her driver's license, |
17 | | permit, or privileges
suspended for at least 90 days but not |
18 | | more than one year, if the violation
resulted in damage to the |
19 | | property of another person.
|
20 | | (5.2) In addition to any other penalties imposed, and |
21 | | except as provided in paragraph (5.3), a person convicted
of |
22 | | violating subsection (c) of Section 11-907 of the Illinois |
23 | | Vehicle Code
shall have his or her driver's license, permit, or |
24 | | privileges suspended for at
least 180 days but not more than 2 |
25 | | years, if the violation resulted in injury
to
another person.
|
26 | | (5.3) In addition to any other penalties imposed, a person |
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1 | | convicted of violating subsection (c) of Section
11-907 of the |
2 | | Illinois Vehicle Code shall have his or her driver's license,
|
3 | | permit, or privileges suspended for 2 years, if the violation |
4 | | resulted in the
death of another person.
|
5 | | (5.4) In addition to any other penalties imposed, a person |
6 | | convicted of violating Section 3-707 of the Illinois Vehicle |
7 | | Code shall have his or her driver's license, permit, or |
8 | | privileges suspended for 3 months and until he or she has paid |
9 | | a reinstatement fee of $100. |
10 | | (5.5) In addition to any other penalties imposed, a person |
11 | | convicted of violating Section 3-707 of the Illinois Vehicle |
12 | | Code during a period in which his or her driver's license, |
13 | | permit, or privileges were suspended for a previous violation |
14 | | of that Section shall have his or her driver's license, permit, |
15 | | or privileges suspended for an additional 6 months after the |
16 | | expiration of the original 3-month suspension and until he or |
17 | | she has paid a reinstatement fee of $100.
|
18 | | (6) (Blank).
|
19 | | (7) (Blank).
|
20 | | (8) (Blank).
|
21 | | (9) A defendant convicted of a second or subsequent offense |
22 | | of ritualized
abuse of a child may be sentenced to a term of |
23 | | natural life imprisonment.
|
24 | | (10) (Blank).
|
25 | | (11) The court shall impose a minimum fine of $1,000 for a |
26 | | first offense
and $2,000 for a second or subsequent offense |
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1 | | upon a person convicted of or
placed on supervision for battery |
2 | | when the individual harmed was a sports
official or coach at |
3 | | any level of competition and the act causing harm to the
sports
|
4 | | official or coach occurred within an athletic facility or |
5 | | within the immediate vicinity
of the athletic facility at which |
6 | | the sports official or coach was an active
participant
of the |
7 | | athletic contest held at the athletic facility. For the |
8 | | purposes of
this paragraph (11), "sports official" means a |
9 | | person at an athletic contest
who enforces the rules of the |
10 | | contest, such as an umpire or referee; "athletic facility" |
11 | | means an indoor or outdoor playing field or recreational area |
12 | | where sports activities are conducted;
and "coach" means a |
13 | | person recognized as a coach by the sanctioning
authority that |
14 | | conducted the sporting event. |
15 | | (12) A person may not receive a disposition of court |
16 | | supervision for a
violation of Section 5-16 of the Boat |
17 | | Registration and Safety Act if that
person has previously |
18 | | received a disposition of court supervision for a
violation of |
19 | | that Section.
|
20 | | (13) A person convicted of or placed on court supervision |
21 | | for an assault or aggravated assault when the victim and the |
22 | | offender are family or household members as defined in Section |
23 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
24 | | of domestic battery or aggravated domestic battery may be |
25 | | required to attend a Partner Abuse Intervention Program under |
26 | | protocols set forth by the Illinois Department of Human |
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1 | | Services under such terms and conditions imposed by the court. |
2 | | The costs of such classes shall be paid by the offender.
|
3 | | (d) In any case in which a sentence originally imposed is |
4 | | vacated,
the case shall be remanded to the trial court. The |
5 | | trial court shall
hold a hearing under Section 5-4-1 of the |
6 | | Unified Code of Corrections
which may include evidence of the |
7 | | defendant's life, moral character and
occupation during the |
8 | | time since the original sentence was passed. The
trial court |
9 | | shall then impose sentence upon the defendant. The trial
court |
10 | | may impose any sentence which could have been imposed at the
|
11 | | original trial subject to Section 5-5-4 of the Unified Code of |
12 | | Corrections.
If a sentence is vacated on appeal or on |
13 | | collateral attack due to the
failure of the trier of fact at |
14 | | trial to determine beyond a reasonable doubt
the
existence of a |
15 | | fact (other than a prior conviction) necessary to increase the
|
16 | | punishment for the offense beyond the statutory maximum |
17 | | otherwise applicable,
either the defendant may be re-sentenced |
18 | | to a term within the range otherwise
provided or, if the State |
19 | | files notice of its intention to again seek the
extended |
20 | | sentence, the defendant shall be afforded a new trial.
|
21 | | (e) In cases where prosecution for
aggravated criminal |
22 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
23 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
24 | | of a defendant
who was a family member of the victim at the |
25 | | time of the commission of the
offense, the court shall consider |
26 | | the safety and welfare of the victim and
may impose a sentence |
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1 | | of probation only where:
|
2 | | (1) the court finds (A) or (B) or both are appropriate:
|
3 | | (A) the defendant is willing to undergo a court |
4 | | approved counseling
program for a minimum duration of 2 |
5 | | years; or
|
6 | | (B) the defendant is willing to participate in a |
7 | | court approved plan
including but not limited to the |
8 | | defendant's:
|
9 | | (i) removal from the household;
|
10 | | (ii) restricted contact with the victim;
|
11 | | (iii) continued financial support of the |
12 | | family;
|
13 | | (iv) restitution for harm done to the victim; |
14 | | and
|
15 | | (v) compliance with any other measures that |
16 | | the court may
deem appropriate; and
|
17 | | (2) the court orders the defendant to pay for the |
18 | | victim's counseling
services, to the extent that the court |
19 | | finds, after considering the
defendant's income and |
20 | | assets, that the defendant is financially capable of
paying |
21 | | for such services, if the victim was under 18 years of age |
22 | | at the
time the offense was committed and requires |
23 | | counseling as a result of the
offense.
|
24 | | Probation may be revoked or modified pursuant to Section |
25 | | 5-6-4; except
where the court determines at the hearing that |
26 | | the defendant violated a
condition of his or her probation |
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1 | | restricting contact with the victim or
other family members or |
2 | | commits another offense with the victim or other
family |
3 | | members, the court shall revoke the defendant's probation and
|
4 | | impose a term of imprisonment.
|
5 | | For the purposes of this Section, "family member" and |
6 | | "victim" shall have
the meanings ascribed to them in Section |
7 | | 11-0.1 of the Criminal Code of
2012.
|
8 | | (f) (Blank).
|
9 | | (g) Whenever a defendant is convicted of an offense under |
10 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
11 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
12 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
13 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
14 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012,
the defendant shall undergo medical |
16 | | testing to
determine whether the defendant has any sexually |
17 | | transmissible disease,
including a test for infection with |
18 | | human immunodeficiency virus (HIV) or
any other identified |
19 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
20 | | Any such medical test shall be performed only by appropriately
|
21 | | licensed medical practitioners and may include an analysis of |
22 | | any bodily
fluids as well as an examination of the defendant's |
23 | | person.
Except as otherwise provided by law, the results of |
24 | | such test shall be kept
strictly confidential by all medical |
25 | | personnel involved in the testing and must
be personally |
26 | | delivered in a sealed envelope to the judge of the court in |
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1 | | which
the conviction was entered for the judge's inspection in |
2 | | camera. Acting in
accordance with the best interests of the |
3 | | victim and the public, the judge
shall have the discretion to |
4 | | determine to whom, if anyone, the results of the
testing may be |
5 | | revealed. The court shall notify the defendant
of the test |
6 | | results. The court shall
also notify the victim if requested by |
7 | | the victim, and if the victim is under
the age of 15 and if |
8 | | requested by the victim's parents or legal guardian, the
court |
9 | | shall notify the victim's parents or legal guardian of the test
|
10 | | results.
The court shall provide information on the |
11 | | availability of HIV testing
and counseling at Department of |
12 | | Public Health facilities to all parties to
whom the results of |
13 | | the testing are revealed and shall direct the State's
Attorney |
14 | | to provide the information to the victim when possible.
A |
15 | | State's Attorney may petition the court to obtain the results |
16 | | of any HIV test
administered under this Section, and the court |
17 | | shall grant the disclosure if
the State's Attorney shows it is |
18 | | relevant in order to prosecute a charge of
criminal |
19 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the |
20 | | Criminal Code of 1961 or the Criminal Code of 2012
against the |
21 | | defendant. The court shall order that the cost of any such test
|
22 | | shall be paid by the county and may be taxed as costs against |
23 | | the convicted
defendant.
|
24 | | (g-5) When an inmate is tested for an airborne communicable |
25 | | disease, as
determined by the Illinois Department of Public |
26 | | Health including but not
limited to tuberculosis, the results |
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1 | | of the test shall be
personally delivered by the warden or his |
2 | | or her designee in a sealed envelope
to the judge of the court |
3 | | in which the inmate must appear for the judge's
inspection in |
4 | | camera if requested by the judge. Acting in accordance with the
|
5 | | best interests of those in the courtroom, the judge shall have |
6 | | the discretion
to determine what if any precautions need to be |
7 | | taken to prevent transmission
of the disease in the courtroom.
|
8 | | (h) Whenever a defendant is convicted of an offense under |
9 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
10 | | defendant shall undergo
medical testing to determine whether |
11 | | the defendant has been exposed to human
immunodeficiency virus |
12 | | (HIV) or any other identified causative agent of
acquired |
13 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
14 | | by
law, the results of such test shall be kept strictly |
15 | | confidential by all
medical personnel involved in the testing |
16 | | and must be personally delivered in a
sealed envelope to the |
17 | | judge of the court in which the conviction was entered
for the |
18 | | judge's inspection in camera. Acting in accordance with the |
19 | | best
interests of the public, the judge shall have the |
20 | | discretion to determine to
whom, if anyone, the results of the |
21 | | testing may be revealed. The court shall
notify the defendant |
22 | | of a positive test showing an infection with the human
|
23 | | immunodeficiency virus (HIV). The court shall provide |
24 | | information on the
availability of HIV testing and counseling |
25 | | at Department of Public Health
facilities to all parties to |
26 | | whom the results of the testing are revealed and
shall direct |
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1 | | the State's Attorney to provide the information to the victim |
2 | | when
possible. A State's Attorney may petition the court to |
3 | | obtain the results of
any HIV test administered under this |
4 | | Section, and the court shall grant the
disclosure if the |
5 | | State's Attorney shows it is relevant in order to prosecute a
|
6 | | charge of criminal transmission of HIV under Section 12-5.01 or |
7 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of |
8 | | 2012 against the defendant. The court shall order that the cost |
9 | | of any
such test shall be paid by the county and may be taxed as |
10 | | costs against the
convicted defendant.
|
11 | | (i) All fines and penalties imposed under this Section for |
12 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
13 | | Vehicle Code, or a similar
provision of a local ordinance, and |
14 | | any violation
of the Child Passenger Protection Act, or a |
15 | | similar provision of a local
ordinance, shall be collected and |
16 | | disbursed by the circuit
clerk as provided under Section 27.5 |
17 | | of the Clerks of Courts Act.
|
18 | | (j) In cases when prosecution for any violation of Section |
19 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
20 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
21 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
22 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
23 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
24 | | Code of 2012, any violation of the Illinois Controlled |
25 | | Substances Act,
any violation of the Cannabis Control Act, or |
26 | | any violation of the Methamphetamine Control and Community |
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1 | | Protection Act results in conviction, a
disposition of court |
2 | | supervision, or an order of probation granted under
Section 10 |
3 | | of the Cannabis Control Act, Section 410 of the Illinois
|
4 | | Controlled Substances Act, or Section 70 of the Methamphetamine |
5 | | Control and Community Protection Act of a defendant, the court |
6 | | shall determine whether the
defendant is employed by a facility |
7 | | or center as defined under the Child Care
Act of 1969, a public |
8 | | or private elementary or secondary school, or otherwise
works |
9 | | with children under 18 years of age on a daily basis. When a |
10 | | defendant
is so employed, the court shall order the Clerk of |
11 | | the Court to send a copy of
the judgment of conviction or order |
12 | | of supervision or probation to the
defendant's employer by |
13 | | certified mail.
If the employer of the defendant is a school, |
14 | | the Clerk of the Court shall
direct the mailing of a copy of |
15 | | the judgment of conviction or order of
supervision or probation |
16 | | to the appropriate regional superintendent of schools.
The |
17 | | regional superintendent of schools shall notify the State Board |
18 | | of
Education of any notification under this subsection.
|
19 | | (j-5) A defendant at least 17 years of age who is convicted |
20 | | of a felony and
who has not been previously convicted of a |
21 | | misdemeanor or felony and who is
sentenced to a term of |
22 | | imprisonment in the Illinois Department of Corrections
shall as |
23 | | a condition of his or her sentence be required by the court to |
24 | | attend
educational courses designed to prepare the defendant |
25 | | for a high school diploma
and to work toward a high school |
26 | | diploma or to work toward passing high school equivalency |
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1 | | testing or to work toward
completing a vocational training |
2 | | program offered by the Department of
Corrections. If a |
3 | | defendant fails to complete the educational training
required |
4 | | by his or her sentence during the term of incarceration, the |
5 | | Prisoner
Review Board shall, as a condition of mandatory |
6 | | supervised release, require the
defendant, at his or her own |
7 | | expense, to pursue a course of study toward a high
school |
8 | | diploma or passage of high school equivalency testing. The |
9 | | Prisoner Review Board shall
revoke the mandatory supervised |
10 | | release of a defendant who wilfully fails to
comply with this |
11 | | subsection (j-5) upon his or her release from confinement in a
|
12 | | penal institution while serving a mandatory supervised release |
13 | | term; however,
the inability of the defendant after making a |
14 | | good faith effort to obtain
financial aid or pay for the |
15 | | educational training shall not be deemed a wilful
failure to |
16 | | comply. The Prisoner Review Board shall recommit the defendant
|
17 | | whose mandatory supervised release term has been revoked under |
18 | | this subsection
(j-5) as provided in Section 3-3-9. This |
19 | | subsection (j-5) does not apply to a
defendant who has a high |
20 | | school diploma or has successfully passed high school |
21 | | equivalency testing. This subsection (j-5) does not apply to a |
22 | | defendant who is determined by
the court to be a person with a |
23 | | developmental disability or otherwise mentally incapable of
|
24 | | completing the educational or vocational program.
|
25 | | (k) (Blank).
|
26 | | (l) (A) Except as provided
in paragraph (C) of subsection |
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1 | | (l), whenever a defendant,
who is an alien as defined by the |
2 | | Immigration and Nationality Act, is convicted
of any felony or |
3 | | misdemeanor offense, the court after sentencing the defendant
|
4 | | may, upon motion of the State's Attorney, hold sentence in |
5 | | abeyance and remand
the defendant to the custody of the |
6 | | Attorney General of
the United States or his or her designated |
7 | | agent to be deported when:
|
8 | | (1) a final order of deportation has been issued |
9 | | against the defendant
pursuant to proceedings under the |
10 | | Immigration and Nationality Act, and
|
11 | | (2) the deportation of the defendant would not |
12 | | deprecate the seriousness
of the defendant's conduct and |
13 | | would not be inconsistent with the ends of
justice.
|
14 | | Otherwise, the defendant shall be sentenced as provided in |
15 | | this Chapter V.
|
16 | | (B) If the defendant has already been sentenced for a |
17 | | felony or
misdemeanor
offense, or has been placed on probation |
18 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
19 | | the Illinois Controlled Substances Act, or Section 70 of the |
20 | | Methamphetamine Control and Community Protection Act, the |
21 | | court
may, upon motion of the State's Attorney to suspend the
|
22 | | sentence imposed, commit the defendant to the custody of the |
23 | | Attorney General
of the United States or his or her designated |
24 | | agent when:
|
25 | | (1) a final order of deportation has been issued |
26 | | against the defendant
pursuant to proceedings under the |
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1 | | Immigration and Nationality Act, and
|
2 | | (2) the deportation of the defendant would not |
3 | | deprecate the seriousness
of the defendant's conduct and |
4 | | would not be inconsistent with the ends of
justice.
|
5 | | (C) This subsection (l) does not apply to offenders who are |
6 | | subject to the
provisions of paragraph (2) of subsection (a) of |
7 | | Section 3-6-3.
|
8 | | (D) Upon motion of the State's Attorney, if a defendant |
9 | | sentenced under
this Section returns to the jurisdiction of the |
10 | | United States, the defendant
shall be recommitted to the |
11 | | custody of the county from which he or she was
sentenced.
|
12 | | Thereafter, the defendant shall be brought before the |
13 | | sentencing court, which
may impose any sentence that was |
14 | | available under Section 5-5-3 at the time of
initial |
15 | | sentencing. In addition, the defendant shall not be eligible |
16 | | for
additional earned sentence credit as provided under
Section |
17 | | 3-6-3.
|
18 | | (m) A person convicted of criminal defacement of property |
19 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012, in which the property damage exceeds |
21 | | $300
and the property damaged is a school building, shall be |
22 | | ordered to perform
community service that may include cleanup, |
23 | | removal, or painting over the
defacement.
|
24 | | (n) The court may sentence a person convicted of a |
25 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
26 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
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1 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
2 | | incarceration program if the person is otherwise eligible for |
3 | | that program
under Section 5-8-1.1, (ii) to community service, |
4 | | or (iii) if the person is an
addict or alcoholic, as defined in |
5 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
6 | | substance or alcohol abuse program licensed under that
Act. |
7 | | (o) Whenever a person is convicted of a sex offense as |
8 | | defined in Section 2 of the Sex Offender Registration Act, the |
9 | | defendant's driver's license or permit shall be subject to |
10 | | renewal on an annual basis in accordance with the provisions of |
11 | | license renewal established by the Secretary of State.
|
12 | | (Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; |
13 | | 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. |
14 | | 1-1-18.)
|
15 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
16 | | Sec. 5-6-3. Conditions of probation and of conditional |
17 | | discharge.
|
18 | | (a) The conditions of probation and of conditional |
19 | | discharge shall be
that the person:
|
20 | | (1) not violate any criminal statute of any |
21 | | jurisdiction;
|
22 | | (2) report to or appear in person before such person or |
23 | | agency as
directed by the court;
|
24 | | (3) refrain from possessing a firearm or other |
25 | | dangerous weapon where the offense is a felony or, if a |
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1 | | misdemeanor, the offense involved the intentional or |
2 | | knowing infliction of bodily harm or threat of bodily harm;
|
3 | | (4) not leave the State without the consent of the |
4 | | court or, in
circumstances in which the reason for the |
5 | | absence is of such an emergency
nature that prior consent |
6 | | by the court is not possible, without the prior
|
7 | | notification and approval of the person's probation
|
8 | | officer. Transfer of a person's probation or conditional |
9 | | discharge
supervision to another state is subject to |
10 | | acceptance by the other state
pursuant to the Interstate |
11 | | Compact for Adult Offender Supervision;
|
12 | | (5) permit the probation officer to visit
him at his |
13 | | home or elsewhere
to the extent necessary to discharge his |
14 | | duties;
|
15 | | (6) perform no less than 30 hours of community service |
16 | | and not more than
120 hours of community service, if |
17 | | community service is available in the
jurisdiction and is |
18 | | funded and approved by the county board where the offense
|
19 | | was committed, where the offense was related to or in |
20 | | furtherance of the
criminal activities of an organized gang |
21 | | and was motivated by the offender's
membership in or |
22 | | allegiance to an organized gang. The community service |
23 | | shall
include, but not be limited to, the cleanup and |
24 | | repair of any damage caused by
a violation of Section |
25 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
26 | | 2012 and similar damage
to property located within the |
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1 | | municipality or county in which the violation
occurred. |
2 | | When possible and reasonable, the community service should |
3 | | be
performed in the offender's neighborhood. For purposes |
4 | | of this Section,
"organized gang" has the meaning ascribed |
5 | | to it in Section 10 of the Illinois
Streetgang Terrorism |
6 | | Omnibus Prevention Act . The court may give credit toward |
7 | | the fulfillment of community service hours for |
8 | | participation in activities and treatment as determined by |
9 | | court services ;
|
10 | | (7) if he or she is at least 17 years of age and has |
11 | | been sentenced to
probation or conditional discharge for a |
12 | | misdemeanor or felony in a county of
3,000,000 or more |
13 | | inhabitants and has not been previously convicted of a
|
14 | | misdemeanor or felony, may be required by the sentencing |
15 | | court to attend
educational courses designed to prepare the |
16 | | defendant for a high school diploma
and to work toward a |
17 | | high school diploma or to work toward passing high school |
18 | | equivalency testing or to work toward
completing a |
19 | | vocational training program approved by the court. The |
20 | | person on
probation or conditional discharge must attend a |
21 | | public institution of
education to obtain the educational |
22 | | or vocational training required by this paragraph
clause |
23 | | (7). The court shall revoke the probation or conditional |
24 | | discharge of a
person who wilfully fails to comply with |
25 | | this paragraph clause (7). The person on
probation or |
26 | | conditional discharge shall be required to pay for the cost |
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1 | | of the
educational courses or high school equivalency |
2 | | testing if a fee is charged for those courses or testing. |
3 | | The court shall resentence the offender whose probation or |
4 | | conditional
discharge has been revoked as provided in |
5 | | Section 5-6-4. This paragraph clause (7) does
not apply to |
6 | | a person who has a high school diploma or has successfully |
7 | | passed high school equivalency testing. This paragraph |
8 | | clause (7) does not apply to a person who is determined by
|
9 | | the court to be a person with a developmental disability or |
10 | | otherwise mentally incapable of
completing the educational |
11 | | or vocational program;
|
12 | | (8) if convicted of possession of a substance |
13 | | prohibited
by the Cannabis Control Act, the Illinois |
14 | | Controlled Substances Act, or the Methamphetamine Control |
15 | | and Community Protection Act
after a previous conviction or |
16 | | disposition of supervision for possession of a
substance |
17 | | prohibited by the Cannabis Control Act or Illinois |
18 | | Controlled
Substances Act or after a sentence of probation |
19 | | under Section 10 of the
Cannabis
Control Act, Section 410 |
20 | | of the Illinois Controlled Substances Act, or Section 70 of |
21 | | the Methamphetamine Control and Community Protection Act |
22 | | and upon a
finding by the court that the person is |
23 | | addicted, undergo treatment at a
substance abuse program |
24 | | approved by the court;
|
25 | | (8.5) if convicted of a felony sex offense as defined |
26 | | in the Sex
Offender
Management Board Act, the person shall |
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1 | | undergo and successfully complete sex
offender treatment |
2 | | by a treatment provider approved by the Board and conducted
|
3 | | in conformance with the standards developed under the Sex
|
4 | | Offender Management Board Act;
|
5 | | (8.6) if convicted of a sex offense as defined in the |
6 | | Sex Offender Management Board Act, refrain from residing at |
7 | | the same address or in the same condominium unit or |
8 | | apartment unit or in the same condominium complex or |
9 | | apartment complex with another person he or she knows or |
10 | | reasonably should know is a convicted sex offender or has |
11 | | been placed on supervision for a sex offense; the |
12 | | provisions of this paragraph do not apply to a person |
13 | | convicted of a sex offense who is placed in a Department of |
14 | | Corrections licensed transitional housing facility for sex |
15 | | offenders; |
16 | | (8.7) if convicted for an offense committed on or after |
17 | | June 1, 2008 (the effective date of Public Act 95-464) that |
18 | | would qualify the accused as a child sex offender as |
19 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
20 | | 1961 or the Criminal Code of 2012, refrain from |
21 | | communicating with or contacting, by means of the Internet, |
22 | | a person who is not related to the accused and whom the |
23 | | accused reasonably believes to be under 18 years of age; |
24 | | for purposes of this paragraph (8.7), "Internet" has the |
25 | | meaning ascribed to it in Section 16-0.1 of the Criminal |
26 | | Code of 2012; and a person is not related to the accused if |
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1 | | the person is not: (i) the spouse, brother, or sister of |
2 | | the accused; (ii) a descendant of the accused; (iii) a |
3 | | first or second cousin of the accused; or (iv) a step-child |
4 | | or adopted child of the accused; |
5 | | (8.8) if convicted for an offense under Section 11-6, |
6 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile |
7 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 |
8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
9 | | or any attempt to commit any of these offenses, committed |
10 | | on or after June 1, 2009 (the effective date of Public Act |
11 | | 95-983): |
12 | | (i) not access or use a computer or any other |
13 | | device with Internet capability without the prior |
14 | | written approval of the offender's probation officer, |
15 | | except in connection with the offender's employment or |
16 | | search for employment with the prior approval of the |
17 | | offender's probation officer; |
18 | | (ii) submit to periodic unannounced examinations |
19 | | of the offender's computer or any other device with |
20 | | Internet capability by the offender's probation |
21 | | officer, a law enforcement officer, or assigned |
22 | | computer or information technology specialist, |
23 | | including the retrieval and copying of all data from |
24 | | the computer or device and any internal or external |
25 | | peripherals and removal of such information, |
26 | | equipment, or device to conduct a more thorough |
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1 | | inspection; |
2 | | (iii) submit to the installation on the offender's |
3 | | computer or device with Internet capability, at the |
4 | | offender's expense, of one or more hardware or software |
5 | | systems to monitor the Internet use; and |
6 | | (iv) submit to any other appropriate restrictions |
7 | | concerning the offender's use of or access to a |
8 | | computer or any other device with Internet capability |
9 | | imposed by the offender's probation officer; |
10 | | (8.9) if convicted of a sex offense as defined in the |
11 | | Sex Offender
Registration Act committed on or after January |
12 | | 1, 2010 (the effective date of Public Act 96-262), refrain |
13 | | from accessing or using a social networking website as |
14 | | defined in Section 17-0.5 of the Criminal Code of 2012;
|
15 | | (9) if convicted of a felony or of any misdemeanor |
16 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or |
17 | | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
18 | | 2012 that was determined, pursuant to Section 112A-11.1 of |
19 | | the Code of Criminal Procedure of 1963, to trigger the |
20 | | prohibitions of 18 U.S.C. 922(g)(9), physically surrender |
21 | | at a time and place
designated by the court, his or her |
22 | | Firearm
Owner's Identification Card and
any and all |
23 | | firearms in
his or her possession. The Court shall return |
24 | | to the Department of State Police Firearm Owner's |
25 | | Identification Card Office the person's Firearm Owner's |
26 | | Identification Card;
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1 | | (10) if convicted of a sex offense as defined in |
2 | | subsection (a-5) of Section 3-1-2 of this Code, unless the |
3 | | offender is a parent or guardian of the person under 18 |
4 | | years of age present in the home and no non-familial minors |
5 | | are present, not participate in a holiday event involving |
6 | | children under 18 years of age, such as distributing candy |
7 | | or other items to children on Halloween, wearing a Santa |
8 | | Claus costume on or preceding Christmas, being employed as |
9 | | a department store Santa Claus, or wearing an Easter Bunny |
10 | | costume on or preceding Easter; |
11 | | (11) if convicted of a sex offense as defined in |
12 | | Section 2 of the Sex Offender Registration Act committed on |
13 | | or after January 1, 2010 (the effective date of Public Act |
14 | | 96-362) that requires the person to register as a sex |
15 | | offender under that Act, may not knowingly use any computer |
16 | | scrub software on any computer that the sex offender uses; |
17 | | (12) if convicted of a violation of the Methamphetamine |
18 | | Control and Community Protection Act, the Methamphetamine
|
19 | | Precursor Control Act, or a methamphetamine related |
20 | | offense: |
21 | | (A) prohibited from purchasing, possessing, or |
22 | | having under his or her control any product containing |
23 | | pseudoephedrine unless prescribed by a physician; and |
24 | | (B) prohibited from purchasing, possessing, or |
25 | | having under his or her control any product containing |
26 | | ammonium nitrate; and |
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1 | | (13) if convicted of a hate crime involving the |
2 | | protected class identified in subsection (a) of Section |
3 | | 12-7.1 of the Criminal Code of 2012 that gave rise to the |
4 | | offense the offender committed, perform public or |
5 | | community service of no less than 200 hours and enroll in |
6 | | an educational program discouraging hate crimes that |
7 | | includes racial, ethnic, and cultural sensitivity training |
8 | | ordered by the court. |
9 | | (b) The Court may in addition to other reasonable |
10 | | conditions relating to the
nature of the offense or the |
11 | | rehabilitation of the defendant as determined for
each |
12 | | defendant in the proper discretion of the Court require that |
13 | | the person:
|
14 | | (1) serve a term of periodic imprisonment under Article |
15 | | 7 for a
period not to exceed that specified in paragraph |
16 | | (d) of Section 5-7-1;
|
17 | | (2) pay a fine and costs;
|
18 | | (3) work or pursue a course of study or vocational |
19 | | training;
|
20 | | (4) undergo medical, psychological or psychiatric |
21 | | treatment; or treatment
for drug addiction or alcoholism;
|
22 | | (5) attend or reside in a facility established for the |
23 | | instruction
or residence of defendants on probation;
|
24 | | (6) support his dependents;
|
25 | | (7) and in addition, if a minor:
|
26 | | (i) reside with his parents or in a foster home;
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1 | | (ii) attend school;
|
2 | | (iii) attend a non-residential program for youth;
|
3 | | (iv) contribute to his own support at home or in a |
4 | | foster home;
|
5 | | (v) with the consent of the superintendent of the
|
6 | | facility, attend an educational program at a facility |
7 | | other than the school
in which the
offense was |
8 | | committed if he
or she is convicted of a crime of |
9 | | violence as
defined in
Section 2 of the Crime Victims |
10 | | Compensation Act committed in a school, on the
real
|
11 | | property
comprising a school, or within 1,000 feet of |
12 | | the real property comprising a
school;
|
13 | | (8) make restitution as provided in Section 5-5-6 of |
14 | | this Code;
|
15 | | (9) perform some reasonable public or community |
16 | | service;
|
17 | | (10) serve a term of home confinement. In addition to |
18 | | any other
applicable condition of probation or conditional |
19 | | discharge, the
conditions of home confinement shall be that |
20 | | the offender:
|
21 | | (i) remain within the interior premises of the |
22 | | place designated for
his confinement during the hours |
23 | | designated by the court;
|
24 | | (ii) admit any person or agent designated by the |
25 | | court into the
offender's place of confinement at any |
26 | | time for purposes of verifying
the offender's |
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1 | | compliance with the conditions of his confinement; and
|
2 | | (iii) if further deemed necessary by the court or |
3 | | the
Probation or
Court Services Department, be placed |
4 | | on an approved
electronic monitoring device, subject |
5 | | to Article 8A of Chapter V;
|
6 | | (iv) for persons convicted of any alcohol, |
7 | | cannabis or controlled
substance violation who are |
8 | | placed on an approved monitoring device as a
condition |
9 | | of probation or conditional discharge, the court shall |
10 | | impose a
reasonable fee for each day of the use of the |
11 | | device, as established by the
county board in |
12 | | subsection (g) of this Section, unless after |
13 | | determining the
inability of the offender to pay the |
14 | | fee, the court assesses a lesser fee or no
fee as the |
15 | | case may be. This fee shall be imposed in addition to |
16 | | the fees
imposed under subsections (g) and (i) of this |
17 | | Section. The fee shall be
collected by the clerk of the |
18 | | circuit court, except as provided in an administrative |
19 | | order of the Chief Judge of the circuit court. The |
20 | | clerk of the circuit
court shall pay all monies |
21 | | collected from this fee to the county treasurer
for |
22 | | deposit in the substance abuse services fund under |
23 | | Section 5-1086.1 of
the Counties Code, except as |
24 | | provided in an administrative order of the Chief Judge |
25 | | of the circuit court. |
26 | | The Chief Judge of the circuit court of the county |
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1 | | may by administrative order establish a program for |
2 | | electronic monitoring of offenders, in which a vendor |
3 | | supplies and monitors the operation of the electronic |
4 | | monitoring device, and collects the fees on behalf of |
5 | | the county. The program shall include provisions for |
6 | | indigent offenders and the collection of unpaid fees. |
7 | | The program shall not unduly burden the offender and |
8 | | shall be subject to review by the Chief Judge. |
9 | | The Chief Judge of the circuit court may suspend |
10 | | any additional charges or fees for late payment, |
11 | | interest, or damage to any device; and
|
12 | | (v) for persons convicted of offenses other than |
13 | | those referenced in
clause (iv) above and who are |
14 | | placed on an approved monitoring device as a
condition |
15 | | of probation or conditional discharge, the court shall |
16 | | impose
a reasonable fee for each day of the use of the |
17 | | device, as established by the
county board in |
18 | | subsection (g) of this Section, unless after |
19 | | determining the
inability of the defendant to pay the |
20 | | fee, the court assesses a lesser fee or
no fee as the |
21 | | case may be. This fee shall be imposed in addition to |
22 | | the fees
imposed under subsections (g) and (i) of this |
23 | | Section. The fee
shall be collected by the clerk of the |
24 | | circuit court, except as provided in an administrative |
25 | | order of the Chief Judge of the circuit court. The |
26 | | clerk of the circuit
court shall pay all monies |
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1 | | collected from this fee
to the county treasurer who |
2 | | shall use the monies collected to defray the
costs of |
3 | | corrections. The county treasurer shall deposit the |
4 | | fee
collected in the probation and court services fund.
|
5 | | The Chief Judge of the circuit court of the county may |
6 | | by administrative order establish a program for |
7 | | electronic monitoring of offenders, in which a vendor |
8 | | supplies and monitors the operation of the electronic |
9 | | monitoring device, and collects the fees on behalf of |
10 | | the county. The program shall include provisions for |
11 | | indigent offenders and the collection of unpaid fees. |
12 | | The program shall not unduly burden the offender and |
13 | | shall be subject to review by the Chief Judge.
|
14 | | The Chief Judge of the circuit court may suspend |
15 | | any additional charges or fees for late payment, |
16 | | interest, or damage to any device. |
17 | | (11) comply with the terms and conditions of an order |
18 | | of protection issued
by the court pursuant to the Illinois |
19 | | Domestic Violence Act of 1986,
as now or hereafter amended, |
20 | | or an order of protection issued by the court of
another |
21 | | state, tribe, or United States territory. A copy of the |
22 | | order of
protection shall be
transmitted to the probation |
23 | | officer or agency
having responsibility for the case;
|
24 | | (12) reimburse any "local anti-crime program" as |
25 | | defined in Section 7
of the Anti-Crime Advisory Council Act |
26 | | for any reasonable expenses incurred
by the program on the |
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1 | | offender's case, not to exceed the maximum amount of
the |
2 | | fine authorized for the offense for which the defendant was |
3 | | sentenced;
|
4 | | (13) contribute a reasonable sum of money, not to |
5 | | exceed the maximum
amount of the fine authorized for the
|
6 | | offense for which the defendant was sentenced, (i) to a |
7 | | "local anti-crime
program", as defined in Section 7 of the |
8 | | Anti-Crime Advisory Council Act, or (ii) for offenses under |
9 | | the jurisdiction of the Department of Natural Resources, to |
10 | | the fund established by the Department of Natural Resources |
11 | | for the purchase of evidence for investigation purposes and |
12 | | to conduct investigations as outlined in Section 805-105 of |
13 | | the Department of Natural Resources (Conservation) Law;
|
14 | | (14) refrain from entering into a designated |
15 | | geographic area except upon
such terms as the court finds |
16 | | appropriate. Such terms may include
consideration of the |
17 | | purpose of the entry, the time of day, other persons
|
18 | | accompanying the defendant, and advance approval by a
|
19 | | probation officer, if
the defendant has been placed on |
20 | | probation or advance approval by the
court, if the |
21 | | defendant was placed on conditional discharge;
|
22 | | (15) refrain from having any contact, directly or |
23 | | indirectly, with
certain specified persons or particular |
24 | | types of persons, including but not
limited to members of |
25 | | street gangs and drug users or dealers;
|
26 | | (16) refrain from having in his or her body the |
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1 | | presence of any illicit
drug prohibited by the Cannabis |
2 | | Control Act, the Illinois Controlled
Substances Act, or the |
3 | | Methamphetamine Control and Community Protection Act, |
4 | | unless prescribed by a physician, and submit samples of
his |
5 | | or her blood or urine or both for tests to determine the |
6 | | presence of any
illicit drug;
|
7 | | (17) if convicted for an offense committed on or after |
8 | | June 1, 2008 (the effective date of Public Act 95-464) that |
9 | | would qualify the accused as a child sex offender as |
10 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012, refrain from |
12 | | communicating with or contacting, by means of the Internet, |
13 | | a person who is related to the accused and whom the accused |
14 | | reasonably believes to be under 18 years of age; for |
15 | | purposes of this paragraph (17), "Internet" has the meaning |
16 | | ascribed to it in Section 16-0.1 of the Criminal Code of |
17 | | 2012; and a person is related to the accused if the person |
18 | | is: (i) the spouse, brother, or sister of the accused; (ii) |
19 | | a descendant of the accused; (iii) a first or second cousin |
20 | | of the accused; or (iv) a step-child or adopted child of |
21 | | the accused; |
22 | | (18) if convicted for an offense committed on or after |
23 | | June 1, 2009 (the effective date of Public Act 95-983) that |
24 | | would qualify as a sex offense as defined in the Sex |
25 | | Offender Registration Act: |
26 | | (i) not access or use a computer or any other |
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1 | | device with Internet capability without the prior |
2 | | written approval of the offender's probation officer, |
3 | | except in connection with the offender's employment or |
4 | | search for employment with the prior approval of the |
5 | | offender's probation officer; |
6 | | (ii) submit to periodic unannounced examinations |
7 | | of the offender's computer or any other device with |
8 | | Internet capability by the offender's probation |
9 | | officer, a law enforcement officer, or assigned |
10 | | computer or information technology specialist, |
11 | | including the retrieval and copying of all data from |
12 | | the computer or device and any internal or external |
13 | | peripherals and removal of such information, |
14 | | equipment, or device to conduct a more thorough |
15 | | inspection; |
16 | | (iii) submit to the installation on the offender's |
17 | | computer or device with Internet capability, at the |
18 | | subject's expense, of one or more hardware or software |
19 | | systems to monitor the Internet use; and |
20 | | (iv) submit to any other appropriate restrictions |
21 | | concerning the offender's use of or access to a |
22 | | computer or any other device with Internet capability |
23 | | imposed by the offender's probation officer; and |
24 | | (19) refrain from possessing a firearm or other |
25 | | dangerous weapon where the offense is a misdemeanor that |
26 | | did not involve the intentional or knowing infliction of |
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1 | | bodily harm or threat of bodily harm. |
2 | | (c) The court may as a condition of probation or of |
3 | | conditional
discharge require that a person under 18 years of |
4 | | age found guilty of any
alcohol, cannabis or controlled |
5 | | substance violation, refrain from acquiring
a driver's license |
6 | | during
the period of probation or conditional discharge. If |
7 | | such person
is in possession of a permit or license, the court |
8 | | may require that
the minor refrain from driving or operating |
9 | | any motor vehicle during the
period of probation or conditional |
10 | | discharge, except as may be necessary in
the course of the |
11 | | minor's lawful employment.
|
12 | | (d) An offender sentenced to probation or to conditional |
13 | | discharge
shall be given a certificate setting forth the |
14 | | conditions thereof.
|
15 | | (e) Except where the offender has committed a fourth or |
16 | | subsequent
violation of subsection (c) of Section 6-303 of the |
17 | | Illinois Vehicle Code,
the court shall not require as a |
18 | | condition of the sentence of
probation or conditional discharge |
19 | | that the offender be committed to a
period of imprisonment in |
20 | | excess of 6 months.
This 6-month 6 month limit shall not |
21 | | include periods of confinement given pursuant to
a sentence of |
22 | | county impact incarceration under Section 5-8-1.2.
|
23 | | Persons committed to imprisonment as a condition of |
24 | | probation or
conditional discharge shall not be committed to |
25 | | the Department of
Corrections.
|
26 | | (f) The court may combine a sentence of periodic |
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1 | | imprisonment under
Article 7 or a sentence to a county impact |
2 | | incarceration program under
Article 8 with a sentence of |
3 | | probation or conditional discharge.
|
4 | | (g) An offender sentenced to probation or to conditional |
5 | | discharge and
who during the term of either undergoes mandatory |
6 | | drug or alcohol testing,
or both, or is assigned to be placed |
7 | | on an approved electronic monitoring
device, shall be ordered |
8 | | to pay all costs incidental to such mandatory drug
or alcohol |
9 | | testing, or both, and all costs
incidental to such approved |
10 | | electronic monitoring in accordance with the
defendant's |
11 | | ability to pay those costs. The county board with
the |
12 | | concurrence of the Chief Judge of the judicial
circuit in which |
13 | | the county is located shall establish reasonable fees for
the |
14 | | cost of maintenance, testing, and incidental expenses related |
15 | | to the
mandatory drug or alcohol testing, or both, and all |
16 | | costs incidental to
approved electronic monitoring, involved |
17 | | in a successful probation program
for the county. The |
18 | | concurrence of the Chief Judge shall be in the form of
an |
19 | | administrative order.
The fees shall be collected by the clerk |
20 | | of the circuit court, except as provided in an administrative |
21 | | order of the Chief Judge of the circuit court. The clerk of
the |
22 | | circuit court shall pay all moneys collected from these fees to |
23 | | the county
treasurer who shall use the moneys collected to |
24 | | defray the costs of
drug testing, alcohol testing, and |
25 | | electronic monitoring.
The county treasurer shall deposit the |
26 | | fees collected in the
county working cash fund under Section |
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1 | | 6-27001 or Section 6-29002 of the
Counties Code, as the case |
2 | | may be.
The Chief Judge of the circuit court of the county may |
3 | | by administrative order establish a program for electronic |
4 | | monitoring of offenders, in which a vendor supplies and |
5 | | monitors the operation of the electronic monitoring device, and |
6 | | collects the fees on behalf of the county. The program shall |
7 | | include provisions for indigent offenders and the collection of |
8 | | unpaid fees. The program shall not unduly burden the offender |
9 | | and shall be subject to review by the Chief Judge.
|
10 | | The Chief Judge of the circuit court may suspend any |
11 | | additional charges or fees for late payment, interest, or |
12 | | damage to any device. |
13 | | (h) Jurisdiction over an offender may be transferred from |
14 | | the
sentencing court to the court of another circuit with the |
15 | | concurrence of
both courts. Further transfers or retransfers of
|
16 | | jurisdiction are also
authorized in the same manner. The court |
17 | | to which jurisdiction has been
transferred shall have the same |
18 | | powers as the sentencing court.
The probation department within |
19 | | the circuit to which jurisdiction has been transferred, or |
20 | | which has agreed to provide supervision, may impose probation |
21 | | fees upon receiving the transferred offender, as provided in |
22 | | subsection (i). For all transfer cases, as defined in Section |
23 | | 9b of the Probation and Probation Officers Act, the probation |
24 | | department from the original sentencing court shall retain all |
25 | | probation fees collected prior to the transfer. After the |
26 | | transfer ,
all probation fees shall be paid to the probation |
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1 | | department within the
circuit to which jurisdiction has been |
2 | | transferred.
|
3 | | (i) The court shall impose upon an offender
sentenced to |
4 | | probation after January 1, 1989 or to conditional discharge
|
5 | | after January 1, 1992 or to community service under the |
6 | | supervision of a
probation or court services department after |
7 | | January 1, 2004, as a condition of such probation or |
8 | | conditional
discharge or supervised community service, a fee of |
9 | | $50
for each month of probation or
conditional
discharge |
10 | | supervision or supervised community service ordered by the |
11 | | court, unless after
determining the inability of the person |
12 | | sentenced to probation or conditional
discharge or supervised |
13 | | community service to pay the
fee, the court assesses a lesser |
14 | | fee. The court may not impose the fee on a
minor who is placed |
15 | | in the guardianship or custody of the Department of Children |
16 | | and Family Services under the Juvenile Court Act of 1987
while |
17 | | the minor is in placement.
The fee shall be imposed only upon
|
18 | | an offender who is actively supervised by the
probation and |
19 | | court services
department. The fee shall be collected by the |
20 | | clerk
of the circuit court. The clerk of the circuit court |
21 | | shall pay all monies
collected from this fee to the county |
22 | | treasurer for deposit in the
probation and court services fund |
23 | | under Section 15.1 of the
Probation and Probation Officers Act.
|
24 | | A circuit court may not impose a probation fee under this |
25 | | subsection (i) in excess of $25
per month unless the circuit |
26 | | court has adopted, by administrative
order issued by the chief |
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1 | | judge, a standard probation fee guide
determining an offender's |
2 | | ability to pay Of the
amount collected as a probation fee, up |
3 | | to $5 of that fee
collected per month may be used to provide |
4 | | services to crime victims
and their families. |
5 | | The Court may only waive probation fees based on an |
6 | | offender's ability to pay. The probation department may |
7 | | re-evaluate an offender's ability to pay every 6 months, and, |
8 | | with the approval of the Director of Court Services or the |
9 | | Chief Probation Officer, adjust the monthly fee amount. An |
10 | | offender may elect to pay probation fees due in a lump sum.
Any |
11 | | offender that has been assigned to the supervision of a |
12 | | probation department, or has been transferred either under |
13 | | subsection (h) of this Section or under any interstate compact, |
14 | | shall be required to pay probation fees to the department |
15 | | supervising the offender, based on the offender's ability to |
16 | | pay.
|
17 | | Public Act 93-970 This amendatory Act of the 93rd General |
18 | | Assembly deletes the $10 increase in the fee under this |
19 | | subsection that was imposed by Public Act 93-616. This deletion |
20 | | is intended to control over any other Act of the 93rd General |
21 | | Assembly that retains or incorporates that fee increase. |
22 | | (i-5) In addition to the fees imposed under subsection (i) |
23 | | of this Section, in the case of an offender convicted of a |
24 | | felony sex offense (as defined in the Sex Offender Management |
25 | | Board Act) or an offense that the court or probation department |
26 | | has determined to be sexually motivated (as defined in the Sex |
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1 | | Offender Management Board Act), the court or the probation |
2 | | department shall assess additional fees to pay for all costs of |
3 | | treatment, assessment, evaluation for risk and treatment, and |
4 | | monitoring the offender, based on that offender's ability to |
5 | | pay those costs either as they occur or under a payment plan. |
6 | | (j) All fines and costs imposed under this Section for any |
7 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
8 | | Code, or a similar
provision of a local ordinance, and any |
9 | | violation of the Child Passenger
Protection Act, or a similar |
10 | | 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 | | (k) Any offender who is sentenced to probation or |
14 | | conditional discharge for a felony sex offense as defined in |
15 | | the Sex Offender Management Board Act or any offense that the |
16 | | court or probation department has determined to be sexually |
17 | | motivated as defined in the Sex Offender Management Board Act |
18 | | shall be required to refrain from any contact, directly or |
19 | | indirectly, with any persons specified by the court and shall |
20 | | be available for all evaluations and treatment programs |
21 | | required by the court or the probation department.
|
22 | | (l) The court may order an offender who is sentenced to |
23 | | probation or conditional
discharge for a violation of an order |
24 | | of protection be placed under electronic surveillance as |
25 | | provided in Section 5-8A-7 of this Code. |
26 | | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; |
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1 | | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.) |
2 | | (730 ILCS 5/5-6-3.3) |
3 | | (Text of Section before amendment by P.A. 100-3 ) |
4 | | Sec. 5-6-3.3. Offender Initiative Program. |
5 | | (a) Statement of purpose. The General Assembly seeks to
|
6 | | continue other successful programs that promote public safety,
|
7 | | conserve valuable resources, and reduce recidivism by
|
8 | | defendants who can lead productive lives by creating the
|
9 | | Offender Initiative Program. |
10 | | (a-1) Whenever any person who has not previously been
|
11 | | convicted of, or placed on probation or conditional discharge
|
12 | | for, any felony offense under the laws of this State, the laws
|
13 | | of any other state, or the laws of the United States, is
|
14 | | arrested for and charged with a probationable felony offense of |
15 | | theft, retail theft, forgery, possession of a stolen motor
|
16 | | vehicle, burglary, possession of burglary tools, possession of
|
17 | | cannabis, possession of a controlled substance, or possession
|
18 | | of methamphetamine, the court, with the consent of the
|
19 | | defendant and the State's Attorney, may continue this matter to
|
20 | | allow a defendant to participate and complete the Offender
|
21 | | Initiative Program. |
22 | | (a-2) Exemptions. A defendant shall not be eligible for |
23 | | this Program if the offense he or she has been arrested for and |
24 | | charged with is a violent offense. For purposes of this
|
25 | | Program, a "violent offense" is any offense where bodily harm
|
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1 | | was inflicted or where force was used against any person or
|
2 | | threatened against any person, any offense involving sexual
|
3 | | conduct, sexual penetration, or sexual exploitation, any
|
4 | | offense of domestic violence, domestic battery, violation of an
|
5 | | order of protection, stalking, hate crime, driving under the
|
6 | | influence of drugs or alcohol, and any offense involving the
|
7 | | possession of a firearm or dangerous weapon. A defendant shall
|
8 | | not be eligible for this Program if he or she has previously
|
9 | | been adjudicated a delinquent minor for the commission of a
|
10 | | violent offense as defined in this subsection. |
11 | | (b) When a defendant is placed in the Program, after both |
12 | | the defendant and State's Attorney waive preliminary hearing |
13 | | pursuant to Section 109-3 of the Code of Criminal Procedure of |
14 | | 1963, the court
shall enter an order specifying that
the |
15 | | proceedings shall be suspended while the defendant is |
16 | | participating in a Program of not less 12 months. |
17 | | (c) The conditions of the Program shall be that the
|
18 | | defendant: |
19 | | (1) not violate any criminal statute of this State or
|
20 | | any other jurisdiction; |
21 | | (2) refrain from possessing a firearm or other
|
22 | | dangerous weapon; |
23 | | (3) make full restitution to the victim or property
|
24 | | owner pursuant to Section 5-5-6 of this Code; |
25 | | (4) obtain employment or perform not less than 30 hours
|
26 | | of community service, provided community service is
|
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1 | | available in the county and is funded and approved by the
|
2 | | county board; and |
3 | | (5) attend educational courses designed to prepare the
|
4 | | defendant for obtaining a high school diploma or to work
|
5 | | toward passing high school equivalency testing or to work |
6 | | toward
completing a vocational training program. |
7 | | (c-1) The court may give credit toward the fulfillment of |
8 | | community service hours for participation in activities and |
9 | | treatment as determined by court services. |
10 | | (d) The court may, in addition to other conditions, require
|
11 | | that the defendant: |
12 | | (1) undergo medical or psychiatric treatment, or
|
13 | | treatment or rehabilitation approved by the Illinois
|
14 | | Department of Human Services; |
15 | | (2) refrain from having in his or her body the presence
|
16 | | of any illicit drug prohibited by the Methamphetamine
|
17 | | Control and Community Protection Act, the Cannabis Control
|
18 | | Act or the Illinois Controlled Substances Act, unless
|
19 | | prescribed by a physician, and submit samples of his or her
|
20 | | blood or urine or both for tests to determine the presence
|
21 | | of any illicit drug; |
22 | | (3) submit to periodic drug testing at a time, manner, |
23 | | and frequency as ordered by the court; |
24 | | (4) pay fines, fees and costs; and |
25 | | (5) in addition, if a minor: |
26 | | (i) reside with his or her parents or in a foster
|
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1 | | home; |
2 | | (ii) attend school; |
3 | | (iii) attend a non-residential program for youth;
|
4 | | or |
5 | | (iv) contribute to his or her own support at home
|
6 | | or in a foster home. |
7 | | (e) When the State's Attorney makes a factually specific |
8 | | offer of proof that the defendant has failed to successfully |
9 | | complete the Program or has violated any of the conditions of |
10 | | the Program, the court shall enter an order that the defendant |
11 | | has not successfully completed the Program and continue the |
12 | | case for arraignment pursuant to Section 113-1 of the Code of |
13 | | Criminal Procedure of 1963 for further proceedings as if the |
14 | | defendant had not participated in the Program. |
15 | | (f) Upon fulfillment of the terms and conditions of the
|
16 | | Program, the State's Attorney shall dismiss the case or the |
17 | | court shall discharge the person and dismiss the
proceedings |
18 | | against the person. |
19 | | (g) There may be only one discharge and dismissal under
|
20 | | this Section with respect to any person.
|
21 | | (h) Notwithstanding subsection (a-1), if the court finds |
22 | | that the defendant suffers from a substance abuse problem, then |
23 | | before the person participates in the Program under this |
24 | | Section, the court may refer the person to the drug court |
25 | | established in that judicial circuit pursuant to Section 15 of |
26 | | the Drug Court Treatment Act. The drug court team shall |
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1 | | evaluate the person's likelihood of successfully fulfilling |
2 | | the terms and conditions of the Program under this Section and |
3 | | shall report the results of its evaluation to the court. If the |
4 | | drug court team finds that the person suffers from a substance |
5 | | abuse problem that makes him or her substantially unlikely to |
6 | | successfully fulfill the terms and conditions of the Program, |
7 | | then the drug court shall set forth its findings in the form of |
8 | | a written order, and the person shall be ineligible to |
9 | | participate in the Program under this Section, but may be |
10 | | considered for the drug court program. |
11 | | (Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.) |
12 | | (Text of Section after amendment by P.A. 100-3 ) |
13 | | Sec. 5-6-3.3. Offender Initiative Program. |
14 | | (a) Statement of purpose. The General Assembly seeks to
|
15 | | continue other successful programs that promote public safety,
|
16 | | conserve valuable resources, and reduce recidivism by
|
17 | | defendants who can lead productive lives by creating the
|
18 | | Offender Initiative Program. |
19 | | (a-1) Whenever any person who has not previously been
|
20 | | convicted of any felony offense under the laws of this State, |
21 | | the laws
of any other state, or the laws of the United States, |
22 | | is
arrested for and charged with a probationable felony offense |
23 | | of theft, retail theft, forgery, possession of a stolen motor
|
24 | | vehicle, burglary, possession of burglary tools, deceptive |
25 | | practices, disorderly conduct, criminal damage or trespass to |
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1 | | property under Article 21 of the Criminal Code of 2012, |
2 | | criminal trespass to a residence, obstructing justice, or an |
3 | | offense involving fraudulent identification, or possession of
|
4 | | cannabis, possession of a controlled substance, or possession
|
5 | | of methamphetamine, the court, with the consent of the
|
6 | | defendant and the State's Attorney, may continue this matter to
|
7 | | allow a defendant to participate and complete the Offender
|
8 | | Initiative Program. |
9 | | (a-2) Exemptions. A defendant shall not be eligible for |
10 | | this Program if the offense he or she has been arrested for and |
11 | | charged with is a violent offense. For purposes of this
|
12 | | Program, a "violent offense" is any offense where bodily harm
|
13 | | was inflicted or where force was used against any person or
|
14 | | threatened against any person, any offense involving sexual
|
15 | | conduct, sexual penetration, or sexual exploitation, any
|
16 | | offense of domestic violence, domestic battery, violation of an
|
17 | | order of protection, stalking, hate crime, and any offense |
18 | | involving the
possession of a firearm or dangerous weapon. A |
19 | | defendant shall
not be eligible for this Program if he or she |
20 | | has previously
been adjudicated a delinquent minor for the |
21 | | commission of a
violent offense as defined in this subsection. |
22 | | (b) When a defendant is placed in the Program, after both |
23 | | the defendant and State's Attorney waive preliminary hearing |
24 | | pursuant to Section 109-3 of the Code of Criminal Procedure of |
25 | | 1963, the court
shall enter an order specifying that
the |
26 | | proceedings shall be suspended while the defendant is |
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1 | | participating in a Program of not less 12 months. |
2 | | (c) The conditions of the Program shall be that the
|
3 | | defendant: |
4 | | (1) not violate any criminal statute of this State or
|
5 | | any other jurisdiction; |
6 | | (2) refrain from possessing a firearm or other
|
7 | | dangerous weapon; |
8 | | (3) make full restitution to the victim or property
|
9 | | owner pursuant to Section 5-5-6 of this Code; |
10 | | (4) obtain employment or perform not less than 30 hours
|
11 | | of community service, provided community service is
|
12 | | available in the county and is funded and approved by the
|
13 | | county board; and |
14 | | (5) attend educational courses designed to prepare the
|
15 | | defendant for obtaining a high school diploma or to work
|
16 | | toward passing high school equivalency testing or to work |
17 | | toward
completing a vocational training program. |
18 | | (c-1) The court may give credit toward the fulfillment of |
19 | | community service hours for participation in activities and |
20 | | treatment as determined by court services. |
21 | | (d) The court may, in addition to other conditions, require
|
22 | | that the defendant: |
23 | | (1) undergo medical or psychiatric treatment, or
|
24 | | treatment or rehabilitation approved by the Illinois
|
25 | | Department of Human Services; |
26 | | (2) refrain from having in his or her body the presence
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1 | | of any illicit drug prohibited by the Methamphetamine
|
2 | | Control and Community Protection Act, the Cannabis Control
|
3 | | Act or the Illinois Controlled Substances Act, unless
|
4 | | prescribed by a physician, and submit samples of his or her
|
5 | | blood or urine or both for tests to determine the presence
|
6 | | of any illicit drug; |
7 | | (3) submit to periodic drug testing at a time, manner, |
8 | | and frequency as ordered by the court; |
9 | | (4) pay fines, fees and costs; and |
10 | | (5) in addition, if a minor: |
11 | | (i) reside with his or her parents or in a foster
|
12 | | home; |
13 | | (ii) attend school; |
14 | | (iii) attend a non-residential program for youth;
|
15 | | or |
16 | | (iv) contribute to his or her own support at home
|
17 | | or in a foster home. |
18 | | (e) When the State's Attorney makes a factually specific |
19 | | offer of proof that the defendant has failed to successfully |
20 | | complete the Program or has violated any of the conditions of |
21 | | the Program, the court shall enter an order that the defendant |
22 | | has not successfully completed the Program and continue the |
23 | | case for arraignment pursuant to Section 113-1 of the Code of |
24 | | Criminal Procedure of 1963 for further proceedings as if the |
25 | | defendant had not participated in the Program. |
26 | | (f) Upon fulfillment of the terms and conditions of the
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1 | | Program, the State's Attorney shall dismiss the case or the |
2 | | court shall discharge the person and dismiss the
proceedings |
3 | | against the person. |
4 | | (g) A person may only have one discharge and dismissal |
5 | | under
this Section within a 4-year period.
|
6 | | (h) Notwithstanding subsection (a-1), if the court finds |
7 | | that the defendant suffers from a substance abuse problem, then |
8 | | before the person participates in the Program under this |
9 | | Section, the court may refer the person to the drug court |
10 | | established in that judicial circuit pursuant to Section 15 of |
11 | | the Drug Court Treatment Act. The drug court team shall |
12 | | evaluate the person's likelihood of successfully fulfilling |
13 | | the terms and conditions of the Program under this Section and |
14 | | shall report the results of its evaluation to the court. If the |
15 | | drug court team finds that the person suffers from a substance |
16 | | abuse problem that makes him or her substantially unlikely to |
17 | | successfully fulfill the terms and conditions of the Program, |
18 | | then the drug court shall set forth its findings in the form of |
19 | | a written order, and the person shall be ineligible to |
20 | | participate in the Program under this Section, but shall be |
21 | | considered for the drug court program. |
22 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.) |
23 | | (730 ILCS 5/5-6-3.4) |
24 | | (Text of Section before amendment by P.A. 100-3 ) |
25 | | Sec. 5-6-3.4. Second Chance Probation. |
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1 | | (a) Whenever any person who has not previously been |
2 | | convicted of, or placed on probation or conditional discharge |
3 | | for, any felony offense under the laws of this State, the laws |
4 | | of any other state, or the laws of the United States, including |
5 | | probation under Section 410 of the Illinois Controlled |
6 | | Substances Act, Section 70 of the Methamphetamine Control and |
7 | | Community Protection Act, Section 10 of the Cannabis Control |
8 | | Act, subsection (c) of Section 11-14 of the Criminal Code of |
9 | | 2012, Treatment Alternatives for Criminal Justice Clients |
10 | | (TASC) under Article 40 of the Alcoholism and Other Drug Abuse |
11 | | and Dependency Act, or prior successful completion of the |
12 | | Offender Initiative Program under Section 5-6-3.3 of this Code, |
13 | | and pleads guilty to, or is found guilty of, a probationable |
14 | | felony offense of possession of a controlled substance that is |
15 | | punishable as a Class 4 felony; possession of
methamphetamine |
16 | | that is punishable as a Class 4 felony; theft that is |
17 | | punishable as a Class 3 felony based on the value of the |
18 | | property or punishable as a Class 4 felony if the theft was |
19 | | committed in a school or place of worship or if the theft was |
20 | | of governmental property; retail
theft that is punishable as a |
21 | | Class 3 felony based on the value of the property; criminal |
22 | | damage to property that is punishable as a Class 4 felony; |
23 | | criminal damage to
government supported property that is |
24 | | punishable as a Class 4 felony; or possession of cannabis which |
25 | | is punishable as a Class 4 felony, the court, with the consent |
26 | | of the defendant and the State's Attorney, may, without |
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1 | | entering a judgment, sentence the defendant to probation under |
2 | | this Section. |
3 | | (a-1) Exemptions. A defendant is not eligible for this |
4 | | probation if the offense he or she pleads guilty to, or is |
5 | | found guilty of, is a violent offense, or he or she has |
6 | | previously been convicted of a violent offense. For purposes of |
7 | | this probation, a "violent offense" is any offense where bodily |
8 | | harm was inflicted or where force was used against any person |
9 | | or threatened against any person, any offense involving sexual |
10 | | conduct, sexual penetration, or sexual exploitation, any |
11 | | offense of domestic violence, domestic battery, violation of an |
12 | | order of protection, stalking, hate crime, driving under the |
13 | | influence of drugs or alcohol, and any offense involving the |
14 | | possession of a firearm or dangerous weapon. A defendant shall |
15 | | not be eligible for this probation if he or she has previously |
16 | | been adjudicated a delinquent minor for the commission of a |
17 | | violent offense as defined in this subsection. |
18 | | (b) When a defendant is placed on probation, the court |
19 | | shall enter an order specifying a period of probation of not |
20 | | less than 24 months and shall defer further proceedings in the |
21 | | case until the conclusion of the period or until the filing of |
22 | | a petition alleging violation of a term or condition of |
23 | | probation. |
24 | | (c) The conditions of probation shall be that the |
25 | | defendant: |
26 | | (1) not violate any criminal statute of this State or |
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1 | | any other jurisdiction; |
2 | | (2) refrain from possessing a firearm or other |
3 | | dangerous weapon; |
4 | | (3) make full restitution to the victim or property |
5 | | owner under Section 5-5-6 of this Code; |
6 | | (4) obtain or attempt to obtain employment; |
7 | | (5) pay fines and costs; |
8 | | (6) attend educational courses designed to prepare the |
9 | | defendant for obtaining a high school diploma or to work |
10 | | toward passing high school equivalency testing or to work |
11 | | toward completing a vocational training program; |
12 | | (7) submit to periodic drug testing at a time and in a |
13 | | manner as ordered by the court, but no less than 3 times |
14 | | during the period of probation, with the cost of the |
15 | | testing to be paid by the defendant; and |
16 | | (8) perform a minimum of 30 hours of community service. |
17 | | The court may give credit toward the fulfillment of |
18 | | community service hours for participation in activities |
19 | | and treatment as determined by court services. |
20 | | (d) The court may, in addition to other conditions, require |
21 | | that the defendant: |
22 | | (1) make a report to and appear in person before or |
23 | | participate with the court or such courts, person, or |
24 | | social service agency as directed by the court in the order |
25 | | of probation; |
26 | | (2) undergo medical or psychiatric treatment, or |
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1 | | treatment or rehabilitation approved by the Illinois |
2 | | Department of Human Services; |
3 | | (3) attend or reside in a facility established for the |
4 | | instruction or residence of defendants on probation; |
5 | | (4) support his or her dependents; or |
6 | | (5) refrain from having in his or her body the presence |
7 | | of any illicit drug prohibited by the Methamphetamine |
8 | | Control and Community Protection Act, the Cannabis Control |
9 | | Act, or the Illinois Controlled Substances Act, unless |
10 | | prescribed by a physician, and submit samples of his or her |
11 | | blood or urine or both for tests to determine the presence |
12 | | of any illicit drug. |
13 | | (e) Upon violation of a term or condition of probation, the |
14 | | court may enter a judgment on its original finding of guilt and |
15 | | proceed as otherwise provided by law. |
16 | | (f) Upon fulfillment of the terms and conditions of |
17 | | probation, the court shall discharge the person and dismiss the |
18 | | proceedings against the person. |
19 | | (g) A disposition of probation is considered to be a |
20 | | conviction for the purposes of imposing the conditions of |
21 | | probation and for appeal; however, a discharge and dismissal |
22 | | under this Section is not a conviction for purposes of this |
23 | | Code or for purposes of disqualifications or disabilities |
24 | | imposed by law upon conviction of a crime. |
25 | | (h) There may be only one discharge and dismissal under |
26 | | this Section, Section 410 of the Illinois Controlled Substances |
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1 | | Act, Section 70 of the Methamphetamine Control and Community |
2 | | Protection Act, Section 10 of the Cannabis Control Act, |
3 | | Treatment Alternatives for Criminal Justice Clients (TASC) |
4 | | under Article 40 of the Alcoholism and Other Drug Abuse and |
5 | | Dependency Act, the Offender Initiative Program under Section |
6 | | 5-6-3.3 of this Code, and subsection (c) of Section 11-14 of |
7 | | the Criminal Code of 2012 with respect to any person. |
8 | | (i) If a person is convicted of any offense which occurred |
9 | | within 5 years subsequent to a discharge and dismissal under |
10 | | this Section, the discharge and dismissal under this Section |
11 | | shall be admissible in the sentencing proceeding for that |
12 | | conviction as evidence in aggravation.
|
13 | | (j) Notwithstanding subsection (a), if the court finds that |
14 | | the defendant suffers from a substance abuse problem, then |
15 | | before the person is placed on probation under this Section, |
16 | | the court may refer the person to the drug court established in |
17 | | that judicial circuit pursuant to Section 15 of the Drug Court |
18 | | Treatment Act. The drug court team shall evaluate the person's |
19 | | likelihood of successfully fulfilling the terms and conditions |
20 | | of probation under this Section and shall report the results of |
21 | | its evaluation to the court. If the drug court team finds that |
22 | | the person suffers from a substance abuse problem that makes |
23 | | him or her substantially unlikely to successfully fulfill the |
24 | | terms and conditions of probation under this Section, then the |
25 | | drug court shall set forth its findings in the form of a |
26 | | written order, and the person shall be ineligible to be placed |
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1 | | on probation under this Section, but may be considered for the |
2 | | drug court program. |
3 | | (Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, |
4 | | eff. 9-9-15.) |
5 | | (Text of Section after amendment by P.A. 100-3 ) |
6 | | Sec. 5-6-3.4. Second Chance Probation. |
7 | | (a) Whenever any person who has not previously been |
8 | | convicted of any felony offense under the laws of this State, |
9 | | the laws of any other state, or the laws of the United States, |
10 | | and pleads guilty to, or is found guilty of, possession of less |
11 | | than 15 grams of a controlled substance; possession of
less |
12 | | than 15 grams of methamphetamine; or a probationable felony |
13 | | offense of possession of cannabis, theft, retail theft, |
14 | | forgery, deceptive practices, possession of a stolen motor |
15 | | vehicle, burglary, possession of burglary tools, disorderly |
16 | | conduct, criminal damage or trespass to property under Article |
17 | | 21 of the Criminal Code of 2012, criminal trespass to a |
18 | | residence, an offense involving fraudulent identification, or |
19 | | obstructing justice; or possession of cannabis, the court, with |
20 | | the consent of the defendant and the State's Attorney, may, |
21 | | without entering a judgment, sentence the defendant to |
22 | | probation under this Section. |
23 | | (a-1) Exemptions. A defendant is not eligible for this |
24 | | probation if the offense he or she pleads guilty to, or is |
25 | | found guilty of, is a violent offense, or he or she has |
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| | SB1607 Enrolled | - 205 - | LRB100 11093 RLC 21351 b |
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|
1 | | previously been convicted of a violent offense. For purposes of |
2 | | this probation, a "violent offense" is any offense where bodily |
3 | | harm was inflicted or where force was used against any person |
4 | | or threatened against any person, any offense involving sexual |
5 | | conduct, sexual penetration, or sexual exploitation, any |
6 | | offense of domestic violence, domestic battery, violation of an |
7 | | order of protection, stalking, hate crime, and any offense |
8 | | involving the possession of a firearm or dangerous weapon. A |
9 | | defendant shall not be eligible for this probation if he or she |
10 | | has previously been adjudicated a delinquent minor for the |
11 | | commission of a violent offense as defined in this subsection. |
12 | | (b) When a defendant is placed on probation, the court |
13 | | shall enter an order specifying a period of probation of not |
14 | | less than 24 months and shall defer further proceedings in the |
15 | | case until the conclusion of the period or until the filing of |
16 | | a petition alleging violation of a term or condition of |
17 | | probation. |
18 | | (c) The conditions of probation shall be that the |
19 | | defendant: |
20 | | (1) not violate any criminal statute of this State or |
21 | | any other jurisdiction; |
22 | | (2) refrain from possessing a firearm or other |
23 | | dangerous weapon; |
24 | | (3) make full restitution to the victim or property |
25 | | owner under Section 5-5-6 of this Code; |
26 | | (4) obtain or attempt to obtain employment; |
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1 | | (5) pay fines and costs; |
2 | | (6) attend educational courses designed to prepare the |
3 | | defendant for obtaining a high school diploma or to work |
4 | | toward passing high school equivalency testing or to work |
5 | | toward completing a vocational training program; |
6 | | (7) submit to periodic drug testing at a time and in a |
7 | | manner as ordered by the court, but no less than 3 times |
8 | | during the period of probation, with the cost of the |
9 | | testing to be paid by the defendant; and |
10 | | (8) perform a minimum of 30 hours of community service. |
11 | | The court may give credit toward the fulfillment of |
12 | | community service hours for participation in activities |
13 | | and treatment as determined by court services. |
14 | | (d) The court may, in addition to other conditions, require |
15 | | that the defendant: |
16 | | (1) make a report to and appear in person before or |
17 | | participate with the court or such courts, person, or |
18 | | social service agency as directed by the court in the order |
19 | | of probation; |
20 | | (2) undergo medical or psychiatric treatment, or |
21 | | treatment or rehabilitation approved by the Illinois |
22 | | Department of Human Services; |
23 | | (3) attend or reside in a facility established for the |
24 | | instruction or residence of defendants on probation; |
25 | | (4) support his or her dependents; or |
26 | | (5) refrain from having in his or her body the presence |
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1 | | of any illicit drug prohibited by the Methamphetamine |
2 | | Control and Community Protection Act, the Cannabis Control |
3 | | Act, or the Illinois Controlled Substances Act, unless |
4 | | prescribed by a physician, and submit samples of his or her |
5 | | blood or urine or both for tests to determine the presence |
6 | | of any illicit drug. |
7 | | (e) Upon violation of a term or condition of probation, the |
8 | | court may enter a judgment on its original finding of guilt and |
9 | | proceed as otherwise provided by law. |
10 | | (f) Upon fulfillment of the terms and conditions of |
11 | | probation, the court shall discharge the person and dismiss the |
12 | | proceedings against the person. |
13 | | (g) A disposition of probation is considered to be a |
14 | | conviction for the purposes of imposing the conditions of |
15 | | probation and for appeal; however, a discharge and dismissal |
16 | | under this Section is not a conviction for purposes of this |
17 | | Code or for purposes of disqualifications or disabilities |
18 | | imposed by law upon conviction of a crime. |
19 | | (h) A person may only have one discharge and dismissal |
20 | | under this Section within a 4-year period. |
21 | | (i) If a person is convicted of any offense which occurred |
22 | | within 5 years subsequent to a discharge and dismissal under |
23 | | this Section, the discharge and dismissal under this Section |
24 | | shall be admissible in the sentencing proceeding for that |
25 | | conviction as evidence in aggravation.
|
26 | | (j) Notwithstanding subsection (a), if the court finds that |
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1 | | the defendant suffers from a substance abuse problem, then |
2 | | before the person is placed on probation under this Section, |
3 | | the court may refer the person to the drug court established in |
4 | | that judicial circuit pursuant to Section 15 of the Drug Court |
5 | | Treatment Act. The drug court team shall evaluate the person's |
6 | | likelihood of successfully fulfilling the terms and conditions |
7 | | of probation under this Section and shall report the results of |
8 | | its evaluation to the court. If the drug court team finds that |
9 | | the person suffers from a substance abuse problem that makes |
10 | | him or her substantially unlikely to successfully fulfill the |
11 | | terms and conditions of probation under this Section, then the |
12 | | drug court shall set forth its findings in the form of a |
13 | | written order, and the person shall be ineligible to be placed |
14 | | on probation under this Section, but shall be considered for |
15 | | the drug court program. |
16 | | (Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
|
17 | | (730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)
|
18 | | Sec. 5-8A-3. Application.
|
19 | | (a) Except as provided in subsection (d), a person charged |
20 | | with
or convicted of an
excluded offense may not be placed in |
21 | | an electronic monitoring or home
detention program, except for |
22 | | bond pending trial or appeal or while on parole, aftercare |
23 | | release,
or mandatory supervised release.
|
24 | | (b) A person serving a sentence for a conviction of a Class |
25 | | 1 felony,
other than an excluded offense, may be placed in an |
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1 | | electronic monitoring or home detention
program for a period |
2 | | not to exceed the last 90 days of incarceration.
|
3 | | (c) A person serving a sentence for a conviction
of a Class |
4 | | X felony, other than an excluded offense, may be placed
in an |
5 | | electronic monitoring or home detention program for a period |
6 | | not to exceed the last 90
days of incarceration, provided that |
7 | | the person was sentenced on or after August 11, 1993 (the
|
8 | | effective date of Public Act 88-311) and provided that the |
9 | | court has
not prohibited the program for the person in the |
10 | | sentencing order.
|
11 | | (d) A person serving a sentence for conviction of an |
12 | | offense other than
for predatory criminal sexual assault of a |
13 | | child, aggravated criminal
sexual assault, criminal sexual |
14 | | assault, aggravated
criminal sexual abuse, or felony criminal |
15 | | sexual abuse, may be placed in an
electronic monitoring or home |
16 | | detention program for a period not to exceed the last 12 months
|
17 | | of incarceration, provided that (i) the person is 55 years of |
18 | | age or older;
(ii) the person is serving a determinate |
19 | | sentence; (iii) the person has served
at least 25% of the |
20 | | sentenced prison term; and (iv) placement in an electronic
|
21 | | monitoring or home detention program is approved by the |
22 | | Prisoner Review Board or the Department of Juvenile Justice.
|
23 | | (e) A person serving a sentence for conviction
of a Class |
24 | | 2, 3, or 4 felony offense which is not an excluded offense may |
25 | | be
placed in an
electronic monitoring or home detention program |
26 | | pursuant to Department administrative
directives. These |
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1 | | directives shall encourage inmates to apply for electronic |
2 | | detention to incentivize positive behavior and program |
3 | | participation prior to and following their return to the |
4 | | community, consistent with Section 5-8A-4.2 of this Code. These |
5 | | directives shall not prohibit application solely for prior |
6 | | mandatory supervised release violation history, outstanding |
7 | | municipal warrants, current security classification, and prior |
8 | | criminal history, though these factors may be considered when |
9 | | reviewing individual applications in conjunction with |
10 | | additional factors, such as the applicant's institution |
11 | | behavior, program participation, and reentry plan.
|
12 | | (f) Applications for electronic monitoring or home |
13 | | detention
may include the following:
|
14 | | |
15 | | (1) pretrial or pre-adjudicatory detention;
|
16 | | (2) probation;
|
17 | | (3) conditional discharge;
|
18 | | (4) periodic imprisonment;
|
19 | | (5) parole, aftercare release, or mandatory supervised |
20 | | release;
|
21 | | (6) work release;
|
22 | | (7) furlough; or
|
23 | | (8) post-trial incarceration.
|
24 | | (g) A person convicted of an offense described in clause |
25 | | (4) or (5) of
subsection (d) of Section 5-8-1 of this Code |
26 | | shall be placed in an electronic monitoring or
home detention |