Rep. Jehan Gordon-Booth

Filed: 11/3/2017

 

 


 

 


 
10000SB1607ham002LRB100 11093 RLC 30479 a

1
AMENDMENT TO SENATE BILL 1607

2    AMENDMENT NO. ______. Amend Senate Bill 1607 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Criminal Justice Information Act
5is amended by changing Section 7 as follows:
 
6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
7    Sec. 7. Powers and Duties. The Authority shall have the
8following powers, duties, and responsibilities:
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;
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;
16        (c) To act as a central repository and clearing house

 

 

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1    for federal, state, and local research studies, plans,
2    projects, proposals, and other information relating to all
3    aspects of criminal justice system improvement and to
4    encourage educational programs for citizen support of
5    State and local efforts to make such improvements;
6        (d) To undertake research studies to aid in
7    accomplishing its purposes;
8        (e) To monitor the operation of existing criminal
9    justice information systems in order to protect the
10    constitutional rights and privacy of individuals about
11    whom criminal history record information has been
12    collected;
13        (f) To provide an effective administrative forum for
14    the protection of the rights of individuals concerning
15    criminal history record information;
16        (g) To issue regulations, guidelines, and procedures
17    which ensure the privacy and security of criminal history
18    record information consistent with State and federal laws;
19        (h) To act as the sole administrative appeal body in
20    the State of Illinois to conduct hearings and make final
21    determinations concerning individual challenges to the
22    completeness and accuracy of criminal history record
23    information;
24        (i) To act as the sole, official, criminal justice body
25    in the State of Illinois to conduct annual and periodic
26    audits of the procedures, policies, and practices of the

 

 

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1    State central repositories for criminal history record
2    information to verify compliance with federal and state
3    laws and regulations governing such information;
4        (j) To advise the Authority's Statistical Analysis
5    Center;
6        (k) To apply for, receive, establish priorities for,
7    allocate, disburse, and spend grants of funds that are made
8    available by and received on or after January 1, 1983 from
9    private sources or from the United States pursuant to the
10    federal Crime Control Act of 1973, as amended, and similar
11    federal legislation, and to enter into agreements with the
12    United States government to further the purposes of this
13    Act, or as may be required as a condition of obtaining
14    federal funds;
15        (l) To receive, expend, and account for such funds of
16    the State of Illinois as may be made available to further
17    the purposes of this Act;
18        (m) To enter into contracts and to cooperate with units
19    of general local government or combinations of such units,
20    State agencies, and criminal justice system agencies of
21    other states for the purpose of carrying out the duties of
22    the Authority imposed by this Act or by the federal Crime
23    Control Act of 1973, as amended;
24        (n) To enter into contracts and cooperate with units of
25    general local government outside of Illinois, other
26    states' agencies, and private organizations outside of

 

 

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1    Illinois to provide computer software or design that has
2    been developed for the Illinois criminal justice system, or
3    to participate in the cooperative development or design of
4    new software or systems to be used by the Illinois criminal
5    justice system. Revenues received as a result of such
6    arrangements shall be deposited in the Criminal Justice
7    Information Systems Trust Fund;
8        (o) To establish general policies concerning criminal
9    justice information systems and to promulgate such rules,
10    regulations, and procedures as are necessary to the
11    operation of the Authority and to the uniform consideration
12    of appeals and audits;
13        (p) To advise and to make recommendations to the
14    Governor and the General Assembly on policies relating to
15    criminal justice information systems;
16        (q) To direct all other agencies under the jurisdiction
17    of the Governor to provide whatever assistance and
18    information the Authority may lawfully require to carry out
19    its functions;
20        (r) To exercise any other powers that are reasonable
21    and necessary to fulfill the responsibilities of the
22    Authority under this Act and to comply with the
23    requirements of applicable federal law or regulation;
24        (s) To exercise the rights, powers, and duties which
25    have been vested in the Authority by the "Illinois Uniform
26    Conviction Information Act", enacted by the 85th General

 

 

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1    Assembly, as hereafter amended;
2        (t) (Blank);
3        (u) To exercise the rights, powers, and duties vested
4    in the Authority by the Illinois Public Safety Agency
5    Network Act;
6        (v) To provide technical assistance in the form of
7    training to local governmental entities within Illinois
8    requesting such assistance for the purposes of procuring
9    grants for gang intervention and gang prevention programs
10    or other criminal justice programs from the United States
11    Department of Justice; and
12        (w) To conduct strategic planning and provide
13    technical assistance to implement comprehensive trauma
14    recovery services for violent crime victims in underserved
15    communities with high levels of violent crime, with the
16    goal of providing a safe, community-based, culturally
17    competent environment in which to access services
18    necessary to facilitate recovery from the effects of
19    chronic and repeat exposure to trauma. Services may
20    include, but are not limited to, behavioral health
21    treatment, financial recovery, family support and
22    relocation assistance, and support in navigating the legal
23    system; and .
24        (x) To coordinate statewide violence prevention
25    efforts and assist in the implementation of trauma recovery
26    centers and analyze trauma recovery services. The

 

 

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1    Authority shall develop, publish, and facilitate the
2    implementation of a 4-year statewide violence prevention
3    plan, which shall incorporate public health, public
4    safety, victim services, and trauma recovery centers and
5    services.
6    The requirement for reporting to the General Assembly shall
7be satisfied by filing copies of the report with the Speaker,
8the Minority Leader, and the Clerk of the House of
9Representatives, and the President, the Minority Leader, and
10the Secretary of the Senate, and the Legislative Research Unit,
11as required by Section 3.1 of the General Assembly Organization
12Act "An Act to revise the law in relation to the General
13Assembly", approved February 25, 1874, as amended, and filing
14such additional copies with the State Government Report
15Distribution Center for the General Assembly as is required
16under paragraph (t) of Section 7 of the State Library Act.
17(Source: P.A. 99-938, eff. 1-1-18; 100-373, eff. 1-1-18;
18revised 10-2-17.)
 
19    Section 10. The Illinois Vehicle Code is amended by
20changing Section 6-303 as follows:
 
21    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
22    (Text of Section before amendment by P.A. 100-149)
23    Sec. 6-303. Driving while driver's license, permit or
24privilege to operate a motor vehicle is suspended or revoked.

 

 

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1    (a) Except as otherwise provided in subsection (a-5), any
2person who drives or is in actual physical control of a motor
3vehicle on any highway of this State at a time when such
4person's driver's license, permit or privilege to do so or the
5privilege to obtain a driver's license or permit is revoked or
6suspended as provided by this Code or the law of another state,
7except as may be specifically allowed by a judicial driving
8permit issued prior to January 1, 2009, monitoring device
9driving permit, family financial responsibility driving
10permit, probationary license to drive, or a restricted driving
11permit issued pursuant to this Code or under the law of another
12state, shall be guilty of a Class A misdemeanor.
13    (a-3) A second or subsequent violation of subsection (a) of
14this Section is a Class 4 felony if committed by a person whose
15driving or operation of a motor vehicle is the proximate cause
16of a motor vehicle accident that causes personal injury or
17death to another. For purposes of this subsection, a personal
18injury includes any Type A injury as indicated on the traffic
19accident report completed by a law enforcement officer that
20requires immediate professional attention in either a doctor's
21office or a medical facility. A Type A injury includes severe
22bleeding wounds, distorted extremities, and injuries that
23require the injured party to be carried from the scene.
24    (a-5) Any person who violates this Section as provided in
25subsection (a) while his or her driver's license, permit or
26privilege is revoked because of a violation of Section 9-3 of

 

 

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1the Criminal Code of 1961 or the Criminal Code of 2012,
2relating to the offense of reckless homicide or a similar
3provision of a law of another state, is guilty of a Class 4
4felony. The person shall be required to undergo a professional
5evaluation, as provided in Section 11-501 of this Code, to
6determine if an alcohol, drug, or intoxicating compound problem
7exists and the extent of the problem, and to undergo the
8imposition of treatment as appropriate.
9    (a-10) A person's driver's license, permit, or privilege to
10obtain a driver's license or permit may be subject to multiple
11revocations, multiple suspensions, or any combination of both
12simultaneously. No revocation or suspension shall serve to
13negate, invalidate, cancel, postpone, or in any way lessen the
14effect of any other revocation or suspension entered prior or
15subsequent to any other revocation or suspension.
16    (b) (Blank).
17    (b-1) Upon receiving a report of the conviction of any
18violation indicating a person was operating a motor vehicle
19during the time when the person's driver's license, permit or
20privilege was suspended by the Secretary of State or the
21driver's licensing administrator of another state, except as
22specifically allowed by a probationary license, judicial
23driving permit, restricted driving permit or monitoring device
24driving permit the Secretary shall extend the suspension for
25the same period of time as the originally imposed suspension
26unless the suspension has already expired, in which case the

 

 

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1Secretary shall be authorized to suspend the person's driving
2privileges for the same period of time as the originally
3imposed suspension.
4    (b-2) Except as provided in subsection (b-6), upon
5receiving a report of the conviction of any violation
6indicating a person was operating a motor vehicle when the
7person's driver's license, permit or privilege was revoked by
8the Secretary of State or the driver's license administrator of
9any other state, except as specifically allowed by a restricted
10driving permit issued pursuant to this Code or the law of
11another state, the Secretary shall not issue a driver's license
12for an additional period of one year from the date of such
13conviction indicating such person was operating a vehicle
14during such period of revocation.
15    (b-3) (Blank).
16    (b-4) When the Secretary of State receives a report of a
17conviction of any violation indicating a person was operating a
18motor vehicle that was not equipped with an ignition interlock
19device during a time when the person was prohibited from
20operating a motor vehicle not equipped with such a device, the
21Secretary shall not issue a driver's license to that person for
22an additional period of one year from the date of the
23conviction.
24    (b-5) Any person convicted of violating this Section shall
25serve a minimum term of imprisonment of 30 consecutive days or
26300 hours of community service when the person's driving

 

 

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1privilege was revoked or suspended as a result of a violation
2of Section 9-3 of the Criminal Code of 1961 or the Criminal
3Code of 2012, relating to the offense of reckless homicide, or
4a similar provision of a law of another state. The court may
5give credit toward the fulfillment of community service hours
6for participation in activities and treatment as determined by
7court services.
8    (b-6) Upon receiving a report of a first conviction of
9operating a motor vehicle while the person's driver's license,
10permit or privilege was revoked where the revocation was for a
11violation of Section 9-3 of the Criminal Code of 1961 or the
12Criminal Code of 2012 relating to the offense of reckless
13homicide or a similar out-of-state offense, the Secretary shall
14not issue a driver's license for an additional period of three
15years from the date of such conviction.
16    (c) Except as provided in subsections (c-3) and (c-4), any
17person convicted of violating this Section shall serve a
18minimum term of imprisonment of 10 consecutive days or 30 days
19of community service when the person's driving privilege was
20revoked or suspended as a result of:
21        (1) a violation of Section 11-501 of this Code or a
22    similar provision of a local ordinance relating to the
23    offense of operating or being in physical control of a
24    vehicle while under the influence of alcohol, any other
25    drug or any combination thereof; or
26        (2) a violation of paragraph (b) of Section 11-401 of

 

 

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1    this Code or a similar provision of a local ordinance
2    relating to the offense of leaving the scene of a motor
3    vehicle accident involving personal injury or death; or
4        (3) a statutory summary suspension or revocation under
5    Section 11-501.1 of this Code.
6    Such sentence of imprisonment or community service shall
7not be subject to suspension in order to reduce such sentence.
8    (c-1) Except as provided in subsections (c-5) and (d), any
9person convicted of a second violation of this Section shall be
10ordered by the court to serve a minimum of 100 hours of
11community service. The court may give credit toward the
12fulfillment of community service hours for participation in
13activities and treatment as determined by court services.
14    (c-2) In addition to other penalties imposed under this
15Section, the court may impose on any person convicted a fourth
16time of violating this Section any of the following:
17        (1) Seizure of the license plates of the person's
18    vehicle.
19        (2) Immobilization of the person's vehicle for a period
20    of time to be determined by the court.
21    (c-3) Any person convicted of a violation of this Section
22during a period of summary suspension imposed pursuant to
23Section 11-501.1 when the person was eligible for a MDDP shall
24be guilty of a Class 4 felony and shall serve a minimum term of
25imprisonment of 30 days.
26    (c-4) Any person who has been issued a MDDP or a restricted

 

 

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1driving permit which requires the person to operate only motor
2vehicles equipped with an ignition interlock device and who is
3convicted of a violation of this Section as a result of
4operating or being in actual physical control of a motor
5vehicle not equipped with an ignition interlock device at the
6time of the offense shall be guilty of a Class 4 felony and
7shall serve a minimum term of imprisonment of 30 days.
8    (c-5) Any person convicted of a second violation of this
9Section is guilty of a Class 2 felony, is not eligible for
10probation or conditional discharge, and shall serve a mandatory
11term of imprisonment, if:
12         (1) the current violation occurred when the person's
13    driver's license was suspended or revoked for a violation
14    of Section 9-3 of the Criminal Code of 1961 or the Criminal
15    Code of 2012, relating to the offense of reckless homicide,
16    or a similar out-of-state offense; and
17        (2) the prior conviction 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 similar out-of-state
22    offense, or was suspended or revoked for a violation of
23    Section 11-401 or 11-501 of this Code, a similar
24    out-of-state offense, a similar provision of a local
25    ordinance, or a statutory summary suspension or revocation
26    under Section 11-501.1 of this Code.

 

 

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1    (d) Any person convicted of a second violation of this
2Section shall be guilty of a Class 4 felony and shall serve a
3minimum term of imprisonment of 30 days or 300 hours of
4community service, as determined by the court, 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 11-401 or 11-501 of this Code, a similar
8    out-of-state offense, a similar provision of a local
9    ordinance, or a statutory summary suspension or revocation
10    under Section 11-501.1 of this Code; and
11        (2) the prior conviction under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 11-401 or 11-501 of this
14    Code, a similar out-of-state offense, a similar provision
15    of a local ordinance, or a statutory summary suspension or
16    revocation under Section 11-501.1 of this Code, or for a
17    violation of Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar out-of-state offense.
20        (3) The court may give credit toward the fulfillment of
21    community service hours for participation in activities
22    and treatment as determined by court services.
23    (d-1) Except as provided in subsections (d-2), (d-2.5), and
24(d-3), any person convicted of a third or subsequent violation
25of this Section shall serve a minimum term of imprisonment of
2630 days or 300 hours of community service, as determined by the

 

 

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1court. The court may give credit toward the fulfillment of
2community service hours for participation in activities and
3treatment as determined by court services.
4    (d-2) Any person convicted of a third violation of this
5Section is guilty of a Class 4 felony and must serve a minimum
6term of imprisonment of 30 days, if:
7        (1) the current violation occurred when the person's
8    driver's license was suspended or revoked for a violation
9    of Section 11-401 or 11-501 of this Code, or a similar
10    out-of-state offense, or a similar provision of a local
11    ordinance, or a statutory summary suspension or revocation
12    under Section 11-501.1 of this Code; 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 11-401 or 11-501 of this
16    Code, a similar out-of-state offense, a similar provision
17    of a local ordinance, or a statutory summary suspension or
18    revocation under Section 11-501.1 of this Code, or for a
19    violation of Section 9-3 of the Criminal Code of 1961 or
20    the Criminal Code of 2012, relating to the offense of
21    reckless homicide, or a similar out-of-state offense.
22    (d-2.5) Any person convicted of a third violation of this
23Section is guilty of a Class 1 felony, is not eligible for
24probation or conditional discharge, and must serve a mandatory
25term of imprisonment, if:
26        (1) the current violation occurred while the person's

 

 

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1    driver's license was suspended or revoked for a violation
2    of Section 9-3 of the Criminal Code of 1961 or the Criminal
3    Code of 2012, relating to the offense of reckless homicide,
4    or a similar out-of-state offense. The person's driving
5    privileges shall be revoked for the remainder of the
6    person's life; 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 9-3 of the Criminal Code
10    of 1961 or the Criminal Code of 2012, relating to the
11    offense of reckless homicide, or a similar out-of-state
12    offense, or was suspended or revoked for a violation of
13    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.
17    (d-3) Any person convicted of a fourth, fifth, sixth,
18seventh, eighth, or ninth violation of this Section is guilty
19of a Class 4 felony and must serve a minimum term of
20imprisonment of 180 days, if:
21        (1) the current violation occurred when the person's
22    driver's license was suspended or revoked for a violation
23    of Section 11-401 or 11-501 of this Code, a similar
24    out-of-state offense, a similar provision of a local
25    ordinance, or a statutory summary suspension or revocation
26    under Section 11-501.1 of this Code; and

 

 

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1        (2) the prior convictions under this Section occurred
2    while the person's driver's license was suspended or
3    revoked for a violation of Section 11-401 or 11-501 of this
4    Code, a similar out-of-state offense, a similar provision
5    of a local ordinance, or a statutory summary suspension or
6    revocation under Section 11-501.1 of this Code, or for a
7    violation of Section 9-3 of the Criminal Code of 1961 or
8    the Criminal Code of 2012, relating to the offense of
9    reckless homicide, or a similar out-of-state offense.
10    (d-3.5) Any person convicted of a fourth or subsequent
11violation of this Section is guilty of a Class 1 felony, is not
12eligible for probation or conditional discharge, and must serve
13a mandatory term of imprisonment, and is eligible for an
14extended term, if:
15        (1) the current violation occurred when the person's
16    driver's license was suspended or revoked for a violation
17    of Section 9-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, relating to the offense of reckless homicide,
19    or a similar out-of-state offense; 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 9-3 of the Criminal Code
23    of 1961 or the Criminal Code of 2012, relating to the
24    offense of reckless homicide, or a similar out-of-state
25    offense, or was suspended or revoked for a violation of
26    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.
4    (d-4) Any person convicted of a tenth, eleventh, twelfth,
5thirteenth, or fourteenth violation of this Section is guilty
6of a Class 3 felony, and is not eligible for probation or
7conditional discharge, 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 11-401 or 11-501 of this Code, or a similar
11    out-of-state offense, or a similar provision of a local
12    ordinance, or a statutory summary suspension or revocation
13    under Section 11-501.1 of this Code; and
14        (2) the prior convictions under this Section occurred
15    while the person's driver's license was suspended or
16    revoked for a violation of Section 11-401 or 11-501 of this
17    Code, a similar out-of-state offense, a similar provision
18    of a local ordinance, or a statutory suspension or
19    revocation under Section 11-501.1 of this Code, or for a
20    violation of Section 9-3 of the Criminal Code of 1961 or
21    the Criminal Code of 2012, relating to the offense of
22    reckless homicide, or a similar out-of-state offense.
23    (d-5) Any person convicted of a fifteenth or subsequent
24violation of this Section is guilty of a Class 2 felony, and is
25not eligible for probation or conditional discharge, 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
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.
15    (e) Any person in violation of this Section who is also in
16violation of Section 7-601 of this Code relating to mandatory
17insurance requirements, in addition to other penalties imposed
18under this Section, shall have his or her motor vehicle
19immediately impounded by the arresting law enforcement
20officer. The motor vehicle may be released to any licensed
21driver upon a showing of proof of insurance for the vehicle
22that was impounded and the notarized written consent for the
23release by the vehicle owner.
24    (f) For any prosecution under this Section, a certified
25copy of the driving abstract of the defendant shall be admitted
26as proof of any prior conviction.

 

 

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1    (g) The motor vehicle used in a violation of this Section
2is subject to seizure and forfeiture as provided in Sections
336-1 and 36-2 of the Criminal Code of 2012 if the person's
4driving privilege was revoked or suspended as a result of:
5        (1) a violation of Section 11-501 of this Code, a
6    similar provision of a local ordinance, or a similar
7    provision of a law of another state;
8        (2) a violation of paragraph (b) of Section 11-401 of
9    this Code, a similar provision of a local ordinance, or a
10    similar provision of a law of another state;
11        (3) a statutory summary suspension or revocation under
12    Section 11-501.1 of this Code or a similar provision of a
13    law of another state; or
14        (4) a violation of Section 9-3 of the Criminal Code of
15    1961 or the Criminal Code of 2012 relating to the offense
16    of reckless homicide, or a similar provision of a law of
17    another state.
18(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
1998-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
201-1-16.)
 
21    (Text of Section after amendment by P.A. 100-149)
22    Sec. 6-303. Driving while driver's license, permit or
23privilege to operate a motor vehicle is suspended or revoked.
24    (a) Except as otherwise provided in subsection (a-5), any
25person who drives or is in actual physical control of a motor

 

 

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1vehicle on any highway of this State at a time when such
2person's driver's license, permit or privilege to do so or the
3privilege to obtain a driver's license or permit is revoked or
4suspended as provided by this Code or the law of another state,
5except as may be specifically allowed by a judicial driving
6permit issued prior to January 1, 2009, monitoring device
7driving permit, family financial responsibility driving
8permit, probationary license to drive, or a restricted driving
9permit issued pursuant to this Code or under the law of another
10state, shall be guilty of a Class A misdemeanor.
11    (a-3) A second or subsequent violation of subsection (a) of
12this Section is a Class 4 felony if committed by a person whose
13driving or operation of a motor vehicle is the proximate cause
14of a motor vehicle accident that causes personal injury or
15death to another. For purposes of this subsection, a personal
16injury includes any Type A injury as indicated on the traffic
17accident report completed by a law enforcement officer that
18requires immediate professional attention in either a doctor's
19office or a medical facility. A Type A injury includes severe
20bleeding wounds, distorted extremities, and injuries that
21require the injured party to be carried from the scene.
22    (a-5) Any person who violates this Section as provided in
23subsection (a) while his or her driver's license, permit or
24privilege is revoked because of a violation of Section 9-3 of
25the Criminal Code of 1961 or the Criminal Code of 2012,
26relating to the offense of reckless homicide, or a violation of

 

 

10000SB1607ham002- 21 -LRB100 11093 RLC 30479 a

1subparagraph (F) of paragraph (1) of subsection (d) of Section
211-501 of this Code, relating to the offense of aggravated
3driving under the influence of alcohol, other drug or drugs, or
4intoxicating compound or compounds, or any combination thereof
5when the violation was a proximate cause of a death, or a
6similar provision of a law of another state, is guilty of a
7Class 4 felony. The person shall be required to undergo a
8professional evaluation, as provided in Section 11-501 of this
9Code, to determine if an alcohol, drug, or intoxicating
10compound problem exists and the extent of the problem, and to
11undergo the imposition of treatment as appropriate.
12    (a-10) A person's driver's license, permit, or privilege to
13obtain a driver's license or permit may be subject to multiple
14revocations, multiple suspensions, or any combination of both
15simultaneously. No revocation or suspension shall serve to
16negate, invalidate, cancel, postpone, or in any way lessen the
17effect of any other revocation or suspension entered prior or
18subsequent to any other revocation or suspension.
19    (b) (Blank).
20    (b-1) Upon receiving a report of the conviction of any
21violation indicating a person was operating a motor vehicle
22during the time when the person's driver's license, permit or
23privilege was suspended by the Secretary of State or the
24driver's licensing administrator of another state, except as
25specifically allowed by a probationary license, judicial
26driving permit, restricted driving permit or monitoring device

 

 

10000SB1607ham002- 22 -LRB100 11093 RLC 30479 a

1driving permit the Secretary shall extend the suspension for
2the same period of time as the originally imposed suspension
3unless the suspension has already expired, in which case the
4Secretary shall be authorized to suspend the person's driving
5privileges for the same period of time as the originally
6imposed suspension.
7    (b-2) Except as provided in subsection (b-6), upon
8receiving a report of the conviction of any violation
9indicating a person was operating a motor vehicle when the
10person's driver's license, permit or privilege was revoked by
11the Secretary of State or the driver's license administrator of
12any other state, except as specifically allowed by a restricted
13driving permit issued pursuant to this Code or the law of
14another state, the Secretary shall not issue a driver's license
15for an additional period of one year from the date of such
16conviction indicating such person was operating a vehicle
17during such period of revocation.
18    (b-3) (Blank).
19    (b-4) When the Secretary of State receives a report of a
20conviction of any violation indicating a person was operating a
21motor vehicle that was not equipped with an ignition interlock
22device during a time when the person was prohibited from
23operating a motor vehicle not equipped with such a device, the
24Secretary shall not issue a driver's license to that person for
25an additional period of one year from the date of the
26conviction.

 

 

10000SB1607ham002- 23 -LRB100 11093 RLC 30479 a

1    (b-5) Any person convicted of violating this Section shall
2serve a minimum term of imprisonment of 30 consecutive days or
3300 hours of community service when the person's driving
4privilege was revoked or suspended as a result of a violation
5of Section 9-3 of the Criminal Code of 1961 or the Criminal
6Code of 2012, relating to the offense of reckless homicide, or
7a violation of subparagraph (F) of paragraph (1) of subsection
8(d) of Section 11-501 of this Code, relating to the offense of
9aggravated driving under the influence of alcohol, other drug
10or drugs, or intoxicating compound or compounds, or any
11combination thereof when the violation was a proximate cause of
12a death, or a similar provision of a law of another state. The
13court may give credit toward the fulfillment of community
14service hours for participation in activities and treatment as
15determined by court services.
16    (b-6) Upon receiving a report of a first conviction of
17operating a motor vehicle while the person's driver's license,
18permit or privilege was revoked where the revocation was for a
19violation of Section 9-3 of the Criminal Code of 1961 or the
20Criminal Code of 2012 relating to the offense of reckless
21homicide, or a violation of subparagraph (F) of paragraph (1)
22of subsection (d) of Section 11-501 of this Code, relating to
23the offense of aggravated driving under the influence of
24alcohol, other drug or drugs, or intoxicating compound or
25compounds, or any combination thereof when the violation was a
26proximate cause of a death, or a similar out-of-state offense,

 

 

10000SB1607ham002- 24 -LRB100 11093 RLC 30479 a

1the Secretary shall not issue a driver's license for an
2additional period of three years from the date of such
3conviction.
4    (c) Except as provided in subsections (c-3) and (c-4), any
5person convicted of violating this Section shall serve a
6minimum term of imprisonment of 10 consecutive days or 30 days
7of community service when the person's driving privilege was
8revoked or suspended as a result of:
9        (1) a violation of Section 11-501 of this Code or a
10    similar provision of a local ordinance relating to the
11    offense of operating or being in physical control of a
12    vehicle while under the influence of alcohol, any other
13    drug or any combination thereof; or
14        (2) a violation of paragraph (b) of Section 11-401 of
15    this Code or a similar provision of a local ordinance
16    relating to the offense of leaving the scene of a motor
17    vehicle accident involving personal injury or death; or
18        (3) a statutory summary suspension or revocation under
19    Section 11-501.1 of this Code.
20    Such sentence of imprisonment or community service shall
21not be subject to suspension in order to reduce such sentence.
22    (c-1) Except as provided in subsections (c-5) and (d), any
23person convicted of a second violation of this Section shall be
24ordered by the court to serve a minimum of 100 hours of
25community service. The court may give credit toward the
26fulfillment of community service hours for participation in

 

 

10000SB1607ham002- 25 -LRB100 11093 RLC 30479 a

1activities and treatment as determined by court services.
2    (c-2) In addition to other penalties imposed under this
3Section, the court may impose on any person convicted a fourth
4time of violating this Section any of the following:
5        (1) Seizure of the license plates of the person's
6    vehicle.
7        (2) Immobilization of the person's vehicle for a period
8    of time to be determined by the court.
9    (c-3) Any person convicted of a violation of this Section
10during a period of summary suspension imposed pursuant to
11Section 11-501.1 when the person was eligible for a MDDP shall
12be guilty of a Class 4 felony and shall serve a minimum term of
13imprisonment of 30 days.
14    (c-4) Any person who has been issued a MDDP or a restricted
15driving permit which requires the person to operate only motor
16vehicles equipped with an ignition interlock device and who is
17convicted of a violation of this Section as a result of
18operating or being in actual physical control of a motor
19vehicle not equipped with an ignition interlock device at the
20time of the offense shall be guilty of a Class 4 felony and
21shall serve a minimum term of imprisonment of 30 days.
22    (c-5) Any person convicted of a second violation of this
23Section is guilty of a Class 2 felony, is not eligible for
24probation or conditional discharge, and shall serve a mandatory
25term of imprisonment, if:
26         (1) the current violation occurred when the person's

 

 

10000SB1607ham002- 26 -LRB100 11093 RLC 30479 a

1    driver's license was suspended or revoked for a violation
2    of Section 9-3 of the Criminal Code of 1961 or the Criminal
3    Code of 2012, relating to the offense of reckless homicide,
4    or a violation of subparagraph (F) of paragraph (1) of
5    subsection (d) of Section 11-501 of this Code, relating to
6    the offense of aggravated driving under the influence of
7    alcohol, other drug or drugs, or intoxicating compound or
8    compounds, or any combination thereof when the violation
9    was a proximate cause of a death, or a similar out-of-state
10    offense; and
11        (2) the prior conviction under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 9-3 of the Criminal Code
14    of 1961 or the Criminal Code of 2012 relating to the
15    offense of reckless homicide, or a violation of
16    subparagraph (F) of paragraph (1) of subsection (d) of
17    Section 11-501 of this Code, relating to the offense of
18    aggravated driving under the influence of alcohol, other
19    drug or drugs, or intoxicating compound or compounds, or
20    any combination thereof when the violation was a proximate
21    cause of a death, or a similar out-of-state offense, or was
22    suspended or revoked for a violation of Section 11-401 or
23    11-501 of this Code, a similar out-of-state offense, a
24    similar provision of a local ordinance, or a statutory
25    summary suspension or revocation under Section 11-501.1 of
26    this Code.

 

 

10000SB1607ham002- 27 -LRB100 11093 RLC 30479 a

1    (d) Any person convicted of a second violation of this
2Section shall be guilty of a Class 4 felony and shall serve a
3minimum term of imprisonment of 30 days or 300 hours of
4community service, as determined by the court, 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 11-401 or 11-501 of this Code, a similar
8    out-of-state offense, a similar provision of a local
9    ordinance, or a statutory summary suspension or revocation
10    under Section 11-501.1 of this Code; and
11        (2) the prior conviction under this Section occurred
12    while the person's driver's license was suspended or
13    revoked for a violation of Section 11-401 or 11-501 of this
14    Code, a similar out-of-state offense, a similar provision
15    of a local ordinance, or a statutory summary suspension or
16    revocation under Section 11-501.1 of this Code, or for a
17    violation of Section 9-3 of the Criminal Code of 1961 or
18    the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a violation of subparagraph (F) of
20    paragraph (1) of subsection (d) of Section 11-501 of this
21    Code, relating to the offense of aggravated driving under
22    the influence of alcohol, other drug or drugs, or
23    intoxicating compound or compounds, or any combination
24    thereof when the violation was a proximate cause of a
25    death, or a similar out-of-state offense.
26        (3) The court may give credit toward the fulfillment of

 

 

10000SB1607ham002- 28 -LRB100 11093 RLC 30479 a

1    community service hours for participation in activities
2    and treatment as determined by court services.
3    (d-1) Except as provided in subsections (d-2), (d-2.5), and
4(d-3), any person convicted of a third or subsequent violation
5of this Section shall serve a minimum term of imprisonment of
630 days or 300 hours of community service, as determined by the
7court. The court may give credit toward the fulfillment of
8community service hours for participation in activities and
9treatment as determined by court services.
10    (d-2) Any person convicted of a third violation of this
11Section is guilty of a Class 4 felony and must serve a minimum
12term of imprisonment of 30 days, if:
13        (1) the current violation occurred when the person's
14    driver's license was suspended or revoked for a violation
15    of Section 11-401 or 11-501 of this Code, or a similar
16    out-of-state offense, or a similar provision of a local
17    ordinance, or a statutory summary suspension or revocation
18    under Section 11-501.1 of this Code; and
19        (2) the prior convictions under this Section occurred
20    while the person's driver's license was suspended or
21    revoked for a violation of Section 11-401 or 11-501 of this
22    Code, a similar out-of-state offense, a similar provision
23    of a local ordinance, or a statutory summary suspension or
24    revocation under Section 11-501.1 of this Code, or for a
25    violation of Section 9-3 of the Criminal Code of 1961 or
26    the Criminal Code of 2012, relating to the offense of

 

 

10000SB1607ham002- 29 -LRB100 11093 RLC 30479 a

1    reckless homicide, or a violation of subparagraph (F) of
2    paragraph (1) of subsection (d) of Section 11-501 of this
3    Code, relating to the offense of aggravated driving under
4    the influence of alcohol, other drug or drugs, or
5    intoxicating compound or compounds, or any combination
6    thereof when the violation was a proximate cause of a
7    death, or a similar out-of-state offense.
8    (d-2.5) Any person convicted of a third violation of this
9Section is guilty of a Class 1 felony, is not eligible for
10probation or conditional discharge, and must serve a mandatory
11term of imprisonment, if:
12        (1) the current violation occurred while the person's
13    driver's license was suspended or revoked for a violation
14    of Section 9-3 of the Criminal Code of 1961 or the Criminal
15    Code of 2012, relating to the offense of reckless homicide,
16    or a violation of subparagraph (F) of paragraph (1) of
17    subsection (d) of Section 11-501 of this Code, relating to
18    the offense of aggravated driving under the influence of
19    alcohol, other drug or drugs, or intoxicating compound or
20    compounds, or any combination thereof when the violation
21    was a proximate cause of a death, or a similar out-of-state
22    offense. The person's driving privileges shall be revoked
23    for the remainder of the person's life; and
24        (2) the prior convictions under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 9-3 of the Criminal Code

 

 

10000SB1607ham002- 30 -LRB100 11093 RLC 30479 a

1    of 1961 or the Criminal Code of 2012, relating to the
2    offense of reckless homicide, or a violation of
3    subparagraph (F) of paragraph (1) of subsection (d) of
4    Section 11-501 of this Code, relating to the offense of
5    aggravated driving under the influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds, or
7    any combination thereof when the violation was a proximate
8    cause of a death, or a similar out-of-state offense, or was
9    suspended or revoked for a violation of Section 11-401 or
10    11-501 of this Code, a similar out-of-state offense, a
11    similar provision of a local ordinance, or a statutory
12    summary suspension or revocation under Section 11-501.1 of
13    this Code.
14    (d-3) Any person convicted of a fourth, fifth, sixth,
15seventh, eighth, or ninth violation of this Section is guilty
16of a Class 4 felony and must serve a minimum term of
17imprisonment of 180 days, if:
18        (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 11-401 or 11-501 of this Code, a similar
21    out-of-state offense, a similar provision of a local
22    ordinance, or a statutory summary suspension or revocation
23    under Section 11-501.1 of this Code; and
24        (2) the prior convictions under this Section occurred
25    while the person's driver's license was suspended or
26    revoked for a violation of Section 11-401 or 11-501 of this

 

 

10000SB1607ham002- 31 -LRB100 11093 RLC 30479 a

1    Code, a similar out-of-state offense, a similar provision
2    of a local ordinance, or a statutory summary suspension or
3    revocation under Section 11-501.1 of this Code, or for a
4    violation of Section 9-3 of the Criminal Code of 1961 or
5    the Criminal Code of 2012, relating to the offense of
6    reckless homicide, or a violation of subparagraph (F) of
7    paragraph (1) of subsection (d) of Section 11-501 of this
8    Code, relating to the offense of aggravated driving under
9    the influence of alcohol, other drug or drugs, or
10    intoxicating compound or compounds, or any combination
11    thereof when the violation was a proximate cause of a
12    death, or a similar out-of-state offense.
13    (d-3.5) Any person convicted of a fourth or subsequent
14violation of this Section is guilty of a Class 1 felony, is not
15eligible for probation or conditional discharge, and must serve
16a mandatory term of imprisonment, and is eligible for an
17extended term, if:
18        (1) the current violation occurred when the person's
19    driver's license was suspended or revoked for a violation
20    of Section 9-3 of the Criminal Code of 1961 or the Criminal
21    Code of 2012, relating to the offense of reckless homicide,
22    or a violation of subparagraph (F) of paragraph (1) of
23    subsection (d) of Section 11-501 of this Code, relating to
24    the offense of aggravated driving under the influence of
25    alcohol, other drug or drugs, or intoxicating compound or
26    compounds, or any combination thereof when the violation

 

 

10000SB1607ham002- 32 -LRB100 11093 RLC 30479 a

1    was a proximate cause of a death, or a similar out-of-state
2    offense; and
3        (2) the prior convictions under this Section occurred
4    while the person's driver's license was suspended or
5    revoked for a violation of Section 9-3 of the Criminal Code
6    of 1961 or the Criminal Code of 2012, relating to the
7    offense of reckless homicide, or a violation of
8    subparagraph (F) of paragraph (1) of subsection (d) of
9    Section 11-501 of this Code, relating to the offense of
10    aggravated driving under the influence of alcohol, other
11    drug or drugs, or intoxicating compound or compounds, or
12    any combination thereof when the violation was a proximate
13    cause of a death, or a similar out-of-state offense, or was
14    suspended or revoked for a violation of Section 11-401 or
15    11-501 of this Code, a similar out-of-state offense, a
16    similar provision of a local ordinance, or a statutory
17    summary suspension or revocation under Section 11-501.1 of
18    this Code.
19    (d-4) Any person convicted of a tenth, eleventh, twelfth,
20thirteenth, or fourteenth violation of this Section is guilty
21of a Class 3 felony, and is not eligible for probation or
22conditional discharge, if:
23        (1) the current violation occurred when the person's
24    driver's license was suspended or revoked for a violation
25    of Section 11-401 or 11-501 of this Code, or a similar
26    out-of-state offense, or a similar provision of a local

 

 

10000SB1607ham002- 33 -LRB100 11093 RLC 30479 a

1    ordinance, or a statutory summary suspension or revocation
2    under Section 11-501.1 of this Code; and
3        (2) the prior convictions under this Section occurred
4    while the person's driver's license was suspended or
5    revoked for a violation of Section 11-401 or 11-501 of this
6    Code, a similar out-of-state offense, a similar provision
7    of a local ordinance, or a statutory suspension or
8    revocation under Section 11-501.1 of this Code, or for a
9    violation of Section 9-3 of the Criminal Code of 1961 or
10    the Criminal Code of 2012, relating to the offense of
11    reckless homicide, or a violation of subparagraph (F) of
12    paragraph (1) of subsection (d) of Section 11-501 of this
13    Code, relating to the offense of aggravated driving under
14    the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof when the violation was a proximate cause of a
17    death, or a similar out-of-state offense.
18    (d-5) Any person convicted of a fifteenth or subsequent
19violation of this Section is guilty of a Class 2 felony, and is
20not eligible for probation or conditional discharge, if:
21        (1) the current violation occurred when the person's
22    driver's license was suspended or revoked for a violation
23    of Section 11-401 or 11-501 of this Code, or a similar
24    out-of-state offense, or a similar provision of a local
25    ordinance, or a statutory summary suspension or revocation
26    under Section 11-501.1 of this Code; and

 

 

10000SB1607ham002- 34 -LRB100 11093 RLC 30479 a

1        (2) the prior convictions under this Section occurred
2    while the person's driver's license was suspended or
3    revoked for a violation of Section 11-401 or 11-501 of this
4    Code, a similar out-of-state offense, a similar provision
5    of a local ordinance, or a statutory summary suspension or
6    revocation under Section 11-501.1 of this Code, or for a
7    violation of Section 9-3 of the Criminal Code of 1961 or
8    the Criminal Code of 2012, relating to the offense of
9    reckless homicide, or a violation of subparagraph (F) of
10    paragraph (1) of subsection (d) of Section 11-501 of this
11    Code, relating to the offense of aggravated driving under
12    the influence of alcohol, other drug or drugs, or
13    intoxicating compound or compounds, or any combination
14    thereof when the violation was a proximate cause of a
15    death, or a similar out-of-state offense.
16    (e) Any person in violation of this Section who is also in
17violation of Section 7-601 of this Code relating to mandatory
18insurance requirements, in addition to other penalties imposed
19under this Section, shall have his or her motor vehicle
20immediately impounded by the arresting law enforcement
21officer. The motor vehicle may be released to any licensed
22driver upon a showing of proof of insurance for the vehicle
23that was impounded and the notarized written consent for the
24release by the vehicle owner.
25    (f) For any prosecution under this Section, a certified
26copy of the driving abstract of the defendant shall be admitted

 

 

10000SB1607ham002- 35 -LRB100 11093 RLC 30479 a

1as proof of any prior conviction.
2    (g) The motor vehicle used in a violation of this Section
3is subject to seizure and forfeiture as provided in Sections
436-1 and 36-2 of the Criminal Code of 2012 if the person's
5driving privilege was revoked or suspended as a result of:
6        (1) a violation of Section 11-501 of this Code, a
7    similar provision of a local ordinance, or a similar
8    provision of a law of another state;
9        (2) a violation of paragraph (b) of Section 11-401 of
10    this Code, a similar provision of a local ordinance, or a
11    similar provision of a law of another state;
12        (3) a statutory summary suspension or revocation under
13    Section 11-501.1 of this Code or a similar provision of a
14    law of another state; or
15        (4) a violation of Section 9-3 of the Criminal Code of
16    1961 or the Criminal Code of 2012 relating to the offense
17    of reckless homicide, or a violation of subparagraph (F) of
18    paragraph (1) of subsection (d) of Section 11-501 of this
19    Code, relating to the offense of aggravated driving under
20    the influence of alcohol, other drug or drugs, or
21    intoxicating compound or compounds, or any combination
22    thereof when the violation was a proximate cause of a
23    death, or a similar provision of a law of another state.
24(Source: P.A. 99-290, eff. 1-1-16; 100-149, eff. 1-1-18.)
 
25    Section 15. The Cannabis Control Act is amended by changing

 

 

10000SB1607ham002- 36 -LRB100 11093 RLC 30479 a

1Section 10 as follows:
 
2    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
3    (Text of Section before amendment by P.A. 100-3)
4    Sec. 10. (a) Whenever any person who has not previously
5been convicted of, or placed on probation or court supervision
6for, any offense under this Act or any law of the United States
7or of any State relating to cannabis, or controlled substances
8as defined in the Illinois Controlled Substances Act, pleads
9guilty to or is found guilty of violating Sections 4(a), 4(b),
104(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
11entering a judgment and with the consent of such person,
12sentence him to probation.
13    (b) When a person is placed on probation, the court shall
14enter an order specifying a period of probation of 24 months,
15and shall defer further proceedings in the case until the
16conclusion of the period or until the filing of a petition
17alleging violation of a term or condition of probation.
18    (c) The conditions of probation shall be that the person:
19(1) not violate any criminal statute of any jurisdiction; (2)
20refrain from possession of a firearm or other dangerous weapon;
21(3) submit to periodic drug testing at a time and in a manner
22as ordered by the court, but no less than 3 times during the
23period of the probation, with the cost of the testing to be
24paid by the probationer; and (4) perform no less than 30 hours
25of community service, provided community service is available

 

 

10000SB1607ham002- 37 -LRB100 11093 RLC 30479 a

1in the jurisdiction and is funded and approved by the county
2board. The court may give credit toward the fulfillment of
3community service hours for participation in activities and
4treatment as determined by court services.
5    (d) The court may, in addition to other conditions, require
6that the person:
7        (1) make a report to and appear in person before or
8    participate with the court or such courts, person, or
9    social service agency as directed by the court in the order
10    of probation;
11        (2) pay a fine and costs;
12        (3) work or pursue a course of study or vocational
13    training;
14        (4) undergo medical or psychiatric treatment; or
15    treatment for drug addiction or alcoholism;
16        (5) attend or reside in a facility established for the
17    instruction or residence of defendants on probation;
18        (6) support his dependents;
19        (7) refrain from possessing a firearm or other
20    dangerous weapon;
21        (7-5) refrain from having in his or her body the
22    presence of any illicit drug prohibited by the Cannabis
23    Control Act, the Illinois Controlled Substances Act, or the
24    Methamphetamine Control and Community Protection Act,
25    unless prescribed by a physician, and submit samples of his
26    or her blood or urine or both for tests to determine the

 

 

10000SB1607ham002- 38 -LRB100 11093 RLC 30479 a

1    presence of any illicit drug;
2        (8) and in addition, if a minor:
3            (i) reside with his parents or in a foster home;
4            (ii) attend school;
5            (iii) attend a non-residential program for youth;
6            (iv) contribute to his own support at home or in a
7        foster home.
8    (e) Upon violation of a term or condition of probation, the
9court may enter a judgment on its original finding of guilt and
10proceed as otherwise provided.
11    (f) Upon fulfillment of the terms and conditions of
12probation, the court shall discharge such person and dismiss
13the proceedings against him.
14    (g) A disposition of probation is considered to be a
15conviction for the purposes of imposing the conditions of
16probation and for appeal, however, discharge and dismissal
17under this Section is not a conviction for purposes of
18disqualification or disabilities imposed by law upon
19conviction of a crime (including the additional penalty imposed
20for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
21of this Act).
22    (h) Discharge and dismissal under this Section, Section 410
23of the Illinois Controlled Substances Act, Section 70 of the
24Methamphetamine Control and Community Protection Act, Section
255-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
26subsection (c) of Section 11-14 of the Criminal Code of 1961 or

 

 

10000SB1607ham002- 39 -LRB100 11093 RLC 30479 a

1the Criminal Code of 2012 may occur only once with respect to
2any person.
3    (i) If a person is convicted of an offense under this Act,
4the Illinois Controlled Substances Act, or the Methamphetamine
5Control and Community Protection Act within 5 years subsequent
6to a discharge and dismissal under this Section, the discharge
7and dismissal under this Section shall be admissible in the
8sentencing proceeding for that conviction as a factor in
9aggravation.
10    (j) Notwithstanding subsection (a), before a person is
11sentenced to probation under this Section, the court may refer
12the person to the drug court established in that judicial
13circuit pursuant to Section 15 of the Drug Court Treatment Act.
14The drug court team shall evaluate the person's likelihood of
15successfully completing a sentence of probation under this
16Section and shall report the results of its evaluation to the
17court. If the drug court team finds that the person suffers
18from a substance abuse problem that makes him or her
19substantially unlikely to successfully complete a sentence of
20probation under this Section, then the drug court shall set
21forth its findings in the form of a written order, and the
22person shall not be sentenced to probation under this Section,
23but may be considered for the drug court program.
24(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
25    (Text of Section after amendment by P.A. 100-3)

 

 

10000SB1607ham002- 40 -LRB100 11093 RLC 30479 a

1    Sec. 10. (a) Whenever any person who has not previously
2been convicted of any felony offense under this Act or any law
3of the United States or of any State relating to cannabis, or
4controlled substances as defined in the Illinois Controlled
5Substances Act, pleads guilty to or is found guilty of
6violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
7this Act, the court may, without entering a judgment and with
8the consent of such person, sentence him to probation.
9    (b) When a person is placed on probation, the court shall
10enter an order specifying a period of probation of 24 months,
11and shall defer further proceedings in the case until the
12conclusion of the period or until the filing of a petition
13alleging violation of a term or condition of probation.
14    (c) The conditions of probation shall be that the person:
15(1) not violate any criminal statute of any jurisdiction; (2)
16refrain from possession of a firearm or other dangerous weapon;
17(3) submit to periodic drug testing at a time and in a manner
18as ordered by the court, but no less than 3 times during the
19period of the probation, with the cost of the testing to be
20paid by the probationer; and (4) perform no less than 30 hours
21of community service, provided community service is available
22in the jurisdiction and is funded and approved by the county
23board. The court may give credit toward the fulfillment of
24community service hours for participation in activities and
25treatment as determined by court services.
26    (d) The court may, in addition to other conditions, require

 

 

10000SB1607ham002- 41 -LRB100 11093 RLC 30479 a

1that the person:
2        (1) make a report to and appear in person before or
3    participate with the court or such courts, person, or
4    social service agency as directed by the court in the order
5    of probation;
6        (2) pay a fine and costs;
7        (3) work or pursue a course of study or vocational
8    training;
9        (4) undergo medical or psychiatric treatment; or
10    treatment for drug addiction or alcoholism;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his dependents;
14        (7) refrain from possessing a firearm or other
15    dangerous weapon;
16        (7-5) refrain from having in his or her body the
17    presence of any illicit drug prohibited by the Cannabis
18    Control Act, the Illinois Controlled Substances Act, or the
19    Methamphetamine Control and Community Protection 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;
23        (8) and in addition, if a minor:
24            (i) reside with his parents or in a foster home;
25            (ii) attend school;
26            (iii) attend a non-residential program for youth;

 

 

10000SB1607ham002- 42 -LRB100 11093 RLC 30479 a

1            (iv) contribute to his own support at home or in a
2        foster home.
3    (e) Upon violation of a term or condition of probation, the
4court may enter a judgment on its original finding of guilt and
5proceed as otherwise provided.
6    (f) Upon fulfillment of the terms and conditions of
7probation, the court shall discharge such person and dismiss
8the proceedings against him.
9    (g) A disposition of probation is considered to be a
10conviction for the purposes of imposing the conditions of
11probation and for appeal, however, discharge and dismissal
12under this Section is not a conviction for purposes of
13disqualification or disabilities imposed by law upon
14conviction of a crime (including the additional penalty imposed
15for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
16of this Act).
17    (h) A person may not have more than one discharge and
18dismissal under this Section within a 4-year period.
19    (i) If a person is convicted of an offense under this Act,
20the Illinois Controlled Substances Act, or the Methamphetamine
21Control and Community Protection Act within 5 years subsequent
22to a discharge and dismissal under this Section, the discharge
23and dismissal under this Section shall be admissible in the
24sentencing proceeding for that conviction as a factor in
25aggravation.
26    (j) Notwithstanding subsection (a), before a person is

 

 

10000SB1607ham002- 43 -LRB100 11093 RLC 30479 a

1sentenced to probation under this Section, the court may refer
2the person to the drug court established in that judicial
3circuit pursuant to Section 15 of the Drug Court Treatment Act.
4The drug court team shall evaluate the person's likelihood of
5successfully completing a sentence of probation under this
6Section and shall report the results of its evaluation to the
7court. If the drug court team finds that the person suffers
8from a substance abuse problem that makes him or her
9substantially unlikely to successfully complete a sentence of
10probation under this Section, then the drug court shall set
11forth its findings in the form of a written order, and the
12person shall not be sentenced to probation under this Section,
13but shall be considered for the drug court program.
14(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
15    Section 20. The Illinois Controlled Substances Act is
16amended by changing Section 410 as follows:
 
17    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
18    (Text of Section before amendment by P.A. 100-3)
19    Sec. 410. (a) Whenever any person who has not previously
20been convicted of, or placed on probation or court supervision
21for any offense under this Act or any law of the United States
22or of any State relating to cannabis or controlled substances,
23pleads guilty to or is found guilty of possession of a
24controlled or counterfeit substance under subsection (c) of

 

 

10000SB1607ham002- 44 -LRB100 11093 RLC 30479 a

1Section 402 or of unauthorized possession of prescription form
2under Section 406.2, the court, without entering a judgment and
3with the consent of such person, may sentence him or her to
4probation.
5    (b) When a person is placed on probation, the court shall
6enter an order specifying a period of probation of 24 months
7and shall defer further proceedings in the case until the
8conclusion of the period or until the filing of a petition
9alleging violation of a term or condition of probation.
10    (c) The conditions of probation shall be that the person:
11(1) not violate any criminal statute of any jurisdiction; (2)
12refrain from possessing a firearm or other dangerous weapon;
13(3) submit to periodic drug testing at a time and in a manner
14as ordered by the court, but no less than 3 times during the
15period of the probation, with the cost of the testing to be
16paid by the probationer; and (4) perform no less than 30 hours
17of community service, provided community service is available
18in the jurisdiction and is funded and approved by the county
19board. The court may give credit toward the fulfillment of
20community service hours for participation in activities and
21treatment as determined by court services.
22    (d) The court may, in addition to other conditions, require
23that the person:
24        (1) make a report to and appear in person before or
25    participate with the court or such courts, person, or
26    social service agency as directed by the court in the order

 

 

10000SB1607ham002- 45 -LRB100 11093 RLC 30479 a

1    of probation;
2        (2) pay a fine and costs;
3        (3) work or pursue a course of study or vocational
4    training;
5        (4) undergo medical or psychiatric treatment; or
6    treatment or rehabilitation approved by the Illinois
7    Department of Human Services;
8        (5) attend or reside in a facility established for the
9    instruction or residence of defendants on probation;
10        (6) support his or her dependents;
11        (6-5) refrain from having in his or her body the
12    presence of any illicit drug prohibited by the Cannabis
13    Control Act, the Illinois Controlled Substances Act, or the
14    Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and submit samples of his
16    or her blood or urine or both for tests to determine the
17    presence of any illicit drug;
18        (7) and in addition, if a minor:
19            (i) reside with his or her parents or in a foster
20        home;
21            (ii) attend school;
22            (iii) attend a non-residential program for youth;
23            (iv) contribute to his or her own support at home
24        or in a foster home.
25    (e) Upon violation of a term or condition of probation, the
26court may enter a judgment on its original finding of guilt and

 

 

10000SB1607ham002- 46 -LRB100 11093 RLC 30479 a

1proceed as otherwise provided.
2    (f) Upon fulfillment of the terms and conditions of
3probation, the court shall discharge the person and dismiss the
4proceedings against him or her.
5    (g) A disposition of probation is considered to be a
6conviction for the purposes of imposing the conditions of
7probation and for appeal, however, discharge and dismissal
8under this Section is not a conviction for purposes of this Act
9or for purposes of disqualifications or disabilities imposed by
10law upon conviction of a crime.
11    (h) There may be only one discharge and dismissal under
12this Section, Section 10 of the Cannabis Control Act, Section
1370 of the Methamphetamine Control and Community Protection Act,
14Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
15or subsection (c) of Section 11-14 of the Criminal Code of 1961
16or the Criminal Code of 2012 with respect to any person.
17    (i) If a person is convicted of an offense under this Act,
18the Cannabis Control Act, or the Methamphetamine Control and
19Community Protection Act within 5 years subsequent to a
20discharge and dismissal under this Section, the discharge and
21dismissal under this Section shall be admissible in the
22sentencing proceeding for that conviction as evidence in
23aggravation.
24    (j) Notwithstanding subsection (a), before a person is
25sentenced to probation under this Section, the court may refer
26the person to the drug court established in that judicial

 

 

10000SB1607ham002- 47 -LRB100 11093 RLC 30479 a

1circuit pursuant to Section 15 of the Drug Court Treatment Act.
2The drug court team shall evaluate the person's likelihood of
3successfully completing a sentence of probation under this
4Section and shall report the results of its evaluation to the
5court. If the drug court team finds that the person suffers
6from a substance abuse problem that makes him or her
7substantially unlikely to successfully complete a sentence of
8probation under this Section, then the drug court shall set
9forth its findings in the form of a written order, and the
10person shall not be sentenced to probation under this Section,
11but may be considered for the drug court program.
12(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
13    (Text of Section after amendment by P.A. 100-3)
14    Sec. 410. (a) Whenever any person who has not previously
15been convicted of any felony offense under this Act or any law
16of the United States or of any State relating to cannabis or
17controlled substances, pleads guilty to or is found guilty of
18possession of a controlled or counterfeit substance under
19subsection (c) of Section 402 or of unauthorized possession of
20prescription form under Section 406.2, the court, without
21entering a judgment and with the consent of such person, may
22sentence him or her to probation.
23    (b) When a person is placed on probation, the court shall
24enter an order specifying a period of probation of 24 months
25and shall defer further proceedings in the case until the

 

 

10000SB1607ham002- 48 -LRB100 11093 RLC 30479 a

1conclusion of the period or until the filing of a petition
2alleging 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)
5refrain from possessing a firearm or other dangerous weapon;
6(3) submit to periodic drug testing at a time and in a manner
7as ordered by the court, but no less than 3 times during the
8period of the probation, with the cost of the testing to be
9paid by the probationer; and (4) perform no less than 30 hours
10of community service, provided community service is available
11in the jurisdiction and is funded and approved by the county
12board. The court may give credit toward the fulfillment of
13community service hours for participation in activities and
14treatment as determined by court services.
15    (d) The court may, in addition to other conditions, require
16that 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;

 

 

10000SB1607ham002- 49 -LRB100 11093 RLC 30479 a

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
19court may enter a judgment on its original finding of guilt and
20proceed as otherwise provided.
21    (f) Upon fulfillment of the terms and conditions of
22probation, the court shall discharge the person and dismiss the
23proceedings against him or her.
24    (g) A disposition of probation is considered to be a
25conviction for the purposes of imposing the conditions of
26probation and for appeal, however, discharge and dismissal

 

 

10000SB1607ham002- 50 -LRB100 11093 RLC 30479 a

1under this Section is not a conviction for purposes of this Act
2or for purposes of disqualifications or disabilities imposed by
3law upon conviction of a crime.
4    (h) A person may not have more than one discharge and
5dismissal under this Section within a 4-year period.
6    (i) If a person is convicted of an offense under this Act,
7the Cannabis Control Act, or the Methamphetamine Control and
8Community Protection Act within 5 years subsequent to a
9discharge and dismissal under this Section, the discharge and
10dismissal under this Section shall be admissible in the
11sentencing proceeding for that conviction as evidence in
12aggravation.
13    (j) Notwithstanding subsection (a), before a person is
14sentenced to probation under this Section, the court may refer
15the person to the drug court established in that judicial
16circuit pursuant to Section 15 of the Drug Court Treatment Act.
17The drug court team shall evaluate the person's likelihood of
18successfully completing a sentence of probation under this
19Section and shall report the results of its evaluation to the
20court. If the drug court team finds that the person suffers
21from a substance abuse problem that makes him or her
22substantially unlikely to successfully complete a sentence of
23probation under this Section, then the drug court shall set
24forth its findings in the form of a written order, and the
25person shall not be sentenced to probation under this Section,
26but shall be considered for the drug court program.

 

 

10000SB1607ham002- 51 -LRB100 11093 RLC 30479 a

1(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
2    Section 25. The Methamphetamine Control and Community
3Protection Act is amended by changing Section 70 as follows:
 
4    (720 ILCS 646/70)
5    (Text of Section before amendment by P.A. 100-3)
6    Sec. 70. Probation.
7    (a) Whenever any person who has not previously been
8convicted of, or placed on probation or court supervision for
9any offense under this Act, the Illinois Controlled Substances
10Act, the Cannabis Control Act, or any law of the United States
11or of any state relating to cannabis or controlled substances,
12pleads guilty to or is found guilty of possession of less than
1315 grams of methamphetamine under paragraph (1) or (2) of
14subsection (b) of Section 60 of this Act, the court, without
15entering a judgment and with the consent of the person, may
16sentence him or her to probation.
17    (b) When a person is placed on probation, the court shall
18enter an order specifying a period of probation of 24 months
19and shall defer further proceedings in the case until the
20conclusion of the period or until the filing of a petition
21alleging violation of a term or condition of probation.
22    (c) The conditions of probation shall be that the person:
23        (1) not violate any criminal statute of any
24    jurisdiction;

 

 

10000SB1607ham002- 52 -LRB100 11093 RLC 30479 a

1        (2) refrain from possessing a firearm or other
2    dangerous weapon;
3        (3) submit to periodic drug testing at a time and in a
4    manner as ordered by the court, but no less than 3 times
5    during the period of the probation, with the cost of the
6    testing to be paid by the probationer; and
7        (4) perform no less than 30 hours of community service,
8    if community service is available in the jurisdiction and
9    is funded and approved by the county board. The court may
10    give credit toward the fulfillment of community service
11    hours for participation in activities and treatment as
12    determined by court services.
13    (d) The court may, in addition to other conditions, require
14that the person take one or more of the following actions:
15        (1) make a report to and appear in person before or
16    participate with the court or such courts, person, or
17    social service agency as directed by the court in the order
18    of probation;
19        (2) pay a fine and costs;
20        (3) work or pursue a course of study or vocational
21    training;
22        (4) undergo medical or psychiatric treatment; or
23    treatment or rehabilitation approved by the Illinois
24    Department of Human Services;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

10000SB1607ham002- 53 -LRB100 11093 RLC 30479 a

1        (6) support his or her dependents;
2        (7) refrain from having in his or her body the presence
3    of any illicit drug prohibited by this Act, the Cannabis
4    Control Act, or the Illinois Controlled Substances Act,
5    unless prescribed by a physician, and submit samples of his
6    or her blood or urine or both for tests to determine the
7    presence of any illicit drug; or
8        (8) if a minor:
9            (i) reside with his or her parents or in a foster
10        home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13        or
14            (iv) contribute to his or her own support at home
15        or in a foster home.
16    (e) Upon violation of a term or condition of probation, the
17court may enter a judgment on its original finding of guilt and
18proceed as otherwise provided.
19    (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss the
21proceedings against the person.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal, however, discharge and dismissal
25under this Section is not a conviction for purposes of this Act
26or for purposes of disqualifications or disabilities imposed by

 

 

10000SB1607ham002- 54 -LRB100 11093 RLC 30479 a

1law upon conviction of a crime.
2    (h) There may be only one discharge and dismissal under
3this Section, Section 410 of the Illinois Controlled Substances
4Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
55-6-3.4 of the Unified Code of Corrections, or subsection (c)
6of Section 11-14 of the Criminal Code of 1961 or the Criminal
7Code of 2012 with respect to any person.
8    (i) If a person is convicted of an offense under this Act,
9the Cannabis Control Act, or the Illinois Controlled Substances
10Act within 5 years subsequent to a discharge and dismissal
11under this Section, the discharge and dismissal under this
12Section are admissible in the sentencing proceeding for that
13conviction as evidence in aggravation.
14    (j) Notwithstanding subsection (a), before a person is
15sentenced to probation under this Section, the court may refer
16the person to the drug court established in that judicial
17circuit pursuant to Section 15 of the Drug Court Treatment Act.
18The drug court team shall evaluate the person's likelihood of
19successfully completing a sentence of probation under this
20Section and shall report the results of its evaluation to the
21court. If the drug court team finds that the person suffers
22from a substance abuse problem that makes him or her
23substantially unlikely to successfully complete a sentence of
24probation under this Section, then the drug court shall set
25forth its findings in the form of a written order, and the
26person shall not be sentenced to probation under this Section,

 

 

10000SB1607ham002- 55 -LRB100 11093 RLC 30479 a

1but may be considered for the drug court program.
2(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
3    (Text of Section after amendment by P.A. 100-3)
4    Sec. 70. Probation.
5    (a) Whenever any person who has not previously been
6convicted of any felony offense under this Act, the Illinois
7Controlled Substances Act, the Cannabis Control Act, or any law
8of the United States or of any state relating to cannabis or
9controlled substances, pleads guilty to or is found guilty of
10possession of less than 15 grams of methamphetamine under
11paragraph (1) or (2) of subsection (b) of Section 60 of this
12Act, the court, without entering a judgment and with the
13consent of the person, may sentence him or her to probation.
14    (b) When a person is placed on probation, the court shall
15enter an order specifying a period of probation of 24 months
16and shall defer further proceedings in the case until the
17conclusion of the period or until the filing of a petition
18alleging violation of a term or condition of probation.
19    (c) The conditions of probation shall be that the person:
20        (1) not violate any criminal statute of any
21    jurisdiction;
22        (2) refrain from possessing a firearm or other
23    dangerous weapon;
24        (3) submit to periodic drug testing at a time and in a
25    manner as ordered by the court, but no less than 3 times

 

 

10000SB1607ham002- 56 -LRB100 11093 RLC 30479 a

1    during the period of the probation, with the cost of the
2    testing to be paid by the probationer; and
3        (4) perform no less than 30 hours of community service,
4    if community service is available in the jurisdiction and
5    is funded and approved by the county board. The court may
6    give credit toward the fulfillment of community service
7    hours for participation in activities and treatment as
8    determined by court services.
9    (d) The court may, in addition to other conditions, require
10that the person take one or more of the following actions:
11        (1) make a report to and appear in person before or
12    participate with the court or such courts, person, or
13    social service agency as directed by the court in the order
14    of probation;
15        (2) pay a fine and costs;
16        (3) work or pursue a course of study or vocational
17    training;
18        (4) undergo medical or psychiatric treatment; or
19    treatment or rehabilitation approved by the Illinois
20    Department of Human Services;
21        (5) attend or reside in a facility established for the
22    instruction or residence of defendants on probation;
23        (6) support his or her dependents;
24        (7) refrain from having in his or her body the presence
25    of any illicit drug prohibited by this Act, the Cannabis
26    Control Act, or the Illinois Controlled Substances Act,

 

 

10000SB1607ham002- 57 -LRB100 11093 RLC 30479 a

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; or
4        (8) 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        or
10            (iv) contribute to his or her own support at home
11        or in a foster home.
12    (e) Upon violation of a term or condition of probation, the
13court may enter a judgment on its original finding of guilt and
14proceed as otherwise provided.
15    (f) Upon fulfillment of the terms and conditions of
16probation, the court shall discharge the person and dismiss the
17proceedings against the person.
18    (g) A disposition of probation is considered to be a
19conviction for the purposes of imposing the conditions of
20probation and for appeal, however, discharge and dismissal
21under this Section is not a conviction for purposes of this Act
22or for purposes of disqualifications or disabilities imposed by
23law upon conviction of a crime.
24    (h) A person may not have more than one discharge and
25dismissal under this Section within a 4-year period.
26    (i) If a person is convicted of an offense under this Act,

 

 

10000SB1607ham002- 58 -LRB100 11093 RLC 30479 a

1the Cannabis Control Act, or the Illinois Controlled Substances
2Act within 5 years subsequent to a discharge and dismissal
3under this Section, the discharge and dismissal under this
4Section are admissible in the sentencing proceeding for that
5conviction as evidence in aggravation.
6    (j) Notwithstanding subsection (a), before a person is
7sentenced to probation under this Section, the court may refer
8the person to the drug court established in that judicial
9circuit pursuant to Section 15 of the Drug Court Treatment Act.
10The drug court team shall evaluate the person's likelihood of
11successfully completing a sentence of probation under this
12Section and shall report the results of its evaluation to the
13court. If the drug court team finds that the person suffers
14from a substance abuse problem that makes him or her
15substantially unlikely to successfully complete a sentence of
16probation under this Section, then the drug court shall set
17forth its findings in the form of a written order, and the
18person shall not be sentenced to probation under this Section,
19but 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 30. The Unified Code of Corrections is amended by
22changing Sections 3-3-7, 3-6-3, 5-5-3, 5-6-3, 5-6-3.3,
235-6-3.4, and 5-8A-3 and by adding Section 5-8A-4.2 as follows:
 
24    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)

 

 

10000SB1607ham002- 59 -LRB100 11093 RLC 30479 a

1    (Text of Section before amendment by P.A. 100-260)
2    Sec. 3-3-7. Conditions of parole or mandatory supervised
3release.
4    (a) The conditions of parole or mandatory supervised
5release shall be such as the Prisoner Review Board deems
6necessary to assist the subject in leading a law-abiding life.
7The conditions of every parole and mandatory supervised release
8are that the subject:
9        (1) not violate any criminal statute of any
10    jurisdiction during the parole or release term;
11        (2) refrain from possessing a firearm or other
12    dangerous weapon;
13        (3) report to an agent of the Department of
14    Corrections;
15        (4) permit the agent to visit him or her at his or her
16    home, employment, or elsewhere to the extent necessary for
17    the agent to discharge his or her duties;
18        (5) attend or reside in a facility established for the
19    instruction or residence of persons on parole or mandatory
20    supervised release;
21        (6) secure permission before visiting or writing a
22    committed person in an Illinois Department of Corrections
23    facility;
24        (7) report all arrests to an agent of the Department of
25    Corrections as soon as permitted by the arresting authority
26    but in no event later than 24 hours after release from

 

 

10000SB1607ham002- 60 -LRB100 11093 RLC 30479 a

1    custody and immediately report service or notification of
2    an order of protection, a civil no contact order, or a
3    stalking no contact order to an agent of the Department of
4    Corrections;
5        (7.5) if convicted of a sex offense as defined in the
6    Sex Offender Management Board Act, the individual shall
7    undergo and successfully complete sex offender treatment
8    conducted in conformance with the standards developed by
9    the Sex Offender Management Board Act by a treatment
10    provider approved by the Board;
11        (7.6) if convicted of a sex offense as defined in the
12    Sex Offender Management Board Act, refrain from residing at
13    the same address or in the same condominium unit or
14    apartment unit or in the same condominium complex or
15    apartment complex with another person he or she knows or
16    reasonably should know is a convicted sex offender or has
17    been placed on supervision for a sex offense; the
18    provisions of this paragraph do not apply to a person
19    convicted of a sex offense who is placed in a Department of
20    Corrections licensed transitional housing facility for sex
21    offenders, or is in any facility operated or licensed by
22    the Department of Children and Family Services or by the
23    Department of Human Services, or is in any licensed medical
24    facility;
25        (7.7) if convicted for an offense that would qualify
26    the accused as a sexual predator under the Sex Offender

 

 

10000SB1607ham002- 61 -LRB100 11093 RLC 30479 a

1    Registration Act on or after January 1, 2007 (the effective
2    date of Public Act 94-988), wear an approved electronic
3    monitoring device as defined in Section 5-8A-2 for the
4    duration of the person's parole, mandatory supervised
5    release term, or extended mandatory supervised release
6    term and if convicted for an offense of criminal sexual
7    assault, aggravated criminal sexual assault, predatory
8    criminal sexual assault of a child, criminal sexual abuse,
9    aggravated criminal sexual abuse, or ritualized abuse of a
10    child committed on or after August 11, 2009 (the effective
11    date of Public Act 96-236) when the victim was under 18
12    years of age at the time of the commission of the offense
13    and the defendant used force or the threat of force in the
14    commission of the offense wear an approved electronic
15    monitoring device as defined in Section 5-8A-2 that has
16    Global Positioning System (GPS) capability for the
17    duration of the person's parole, mandatory supervised
18    release term, or extended mandatory supervised release
19    term;
20        (7.8) if convicted for an offense committed on or after
21    June 1, 2008 (the effective date of Public Act 95-464) that
22    would qualify the accused as a child sex offender as
23    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
24    1961 or the Criminal Code of 2012, refrain from
25    communicating with or contacting, by means of the Internet,
26    a person who is not related to the accused and whom the

 

 

10000SB1607ham002- 62 -LRB100 11093 RLC 30479 a

1    accused reasonably believes to be under 18 years of age;
2    for purposes of this paragraph (7.8), "Internet" has the
3    meaning ascribed to it in Section 16-0.1 of the Criminal
4    Code of 2012; and a person is not related to the accused if
5    the person is not: (i) the spouse, brother, or sister of
6    the accused; (ii) a descendant of the accused; (iii) a
7    first or second cousin of the accused; or (iv) a step-child
8    or adopted child of the accused;
9        (7.9) if convicted under Section 11-6, 11-20.1,
10    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
11    the Criminal Code of 2012, consent to search of computers,
12    PDAs, cellular phones, and other devices under his or her
13    control that are capable of accessing the Internet or
14    storing electronic files, in order to confirm Internet
15    protocol addresses reported in accordance with the Sex
16    Offender Registration Act and compliance with conditions
17    in this Act;
18        (7.10) if convicted for an offense that would qualify
19    the accused as a sex offender or sexual predator under the
20    Sex Offender Registration Act on or after June 1, 2008 (the
21    effective date of Public Act 95-640), not possess
22    prescription drugs for erectile dysfunction;
23        (7.11) if convicted for an offense under Section 11-6,
24    11-9.1, 11-14.4 that involves soliciting for a juvenile
25    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
26    of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

10000SB1607ham002- 63 -LRB100 11093 RLC 30479 a

1    or any attempt to commit any of these offenses, committed
2    on or after June 1, 2009 (the effective date of Public Act
3    95-983):
4            (i) not access or use a computer or any other
5        device with Internet capability without the prior
6        written approval of the Department;
7            (ii) submit to periodic unannounced examinations
8        of the offender's computer or any other device with
9        Internet capability by the offender's supervising
10        agent, a law enforcement officer, or assigned computer
11        or information technology specialist, including the
12        retrieval and copying of all data from the computer or
13        device and any internal or external peripherals and
14        removal of such information, equipment, or device to
15        conduct a more thorough inspection;
16            (iii) submit to the installation on the offender's
17        computer or device with Internet capability, at the
18        offender'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 Board, the Department or the offender's
24        supervising agent;
25        (7.12) if convicted of a sex offense as defined in the
26    Sex Offender Registration Act committed on or after January

 

 

10000SB1607ham002- 64 -LRB100 11093 RLC 30479 a

1    1, 2010 (the effective date of Public Act 96-262), refrain
2    from accessing or using a social networking website as
3    defined in Section 17-0.5 of the Criminal Code of 2012;
4        (7.13) if convicted of a sex offense as defined in
5    Section 2 of the Sex Offender Registration Act committed on
6    or after January 1, 2010 (the effective date of Public Act
7    96-362) that requires the person to register as a sex
8    offender under that Act, may not knowingly use any computer
9    scrub software on any computer that the sex offender uses;
10        (8) obtain permission of an agent of the Department of
11    Corrections before leaving the State of Illinois;
12        (9) obtain permission of an agent of the Department of
13    Corrections before changing his or her residence or
14    employment;
15        (10) consent to a search of his or her person,
16    property, or residence under his or her control;
17        (11) refrain from the use or possession of narcotics or
18    other controlled substances in any form, or both, or any
19    paraphernalia related to those substances and submit to a
20    urinalysis test as instructed by a parole agent of the
21    Department of Corrections;
22        (12) not frequent places where controlled substances
23    are illegally sold, used, distributed, or administered;
24        (13) not knowingly associate with other persons on
25    parole or mandatory supervised release without prior
26    written permission of his or her parole agent, except when

 

 

10000SB1607ham002- 65 -LRB100 11093 RLC 30479 a

1    the association involves activities related to community
2    programs, worship services, volunteering, and engaging
3    families, and not associate with persons who are members of
4    an organized gang as that term is defined in the Illinois
5    Streetgang Terrorism Omnibus Prevention Act;
6        (14) provide true and accurate information, as it
7    relates to his or her adjustment in the community while on
8    parole or mandatory supervised release or to his or her
9    conduct while incarcerated, in response to inquiries by his
10    or her parole agent or of the Department of Corrections;
11        (15) follow any specific instructions provided by the
12    parole agent that are consistent with furthering
13    conditions set and approved by the Prisoner Review Board or
14    by law, exclusive of placement on electronic detention, to
15    achieve the goals and objectives of his or her parole or
16    mandatory supervised release or to protect the public.
17    These instructions by the parole agent may be modified at
18    any time, as the agent deems appropriate;
19        (16) if convicted of a sex offense as defined in
20    subsection (a-5) of Section 3-1-2 of this Code, unless the
21    offender is a parent or guardian of the person under 18
22    years of age present in the home and no non-familial minors
23    are present, not participate in a holiday event involving
24    children under 18 years of age, such as distributing candy
25    or other items to children on Halloween, wearing a Santa
26    Claus costume on or preceding Christmas, being employed as

 

 

10000SB1607ham002- 66 -LRB100 11093 RLC 30479 a

1    a department store Santa Claus, or wearing an Easter Bunny
2    costume on or preceding Easter;
3        (17) if convicted of a violation of an order of
4    protection under Section 12-3.4 or Section 12-30 of the
5    Criminal Code of 1961 or the Criminal Code of 2012, be
6    placed under electronic surveillance as provided in
7    Section 5-8A-7 of this Code;
8        (18) comply with the terms and conditions of an order
9    of protection issued pursuant to the Illinois Domestic
10    Violence Act of 1986; an order of protection issued by the
11    court of another state, tribe, or United States territory;
12    a no contact order issued pursuant to the Civil No Contact
13    Order Act; or a no contact order issued pursuant to the
14    Stalking No Contact Order Act; and
15        (19) if convicted of a violation of the Methamphetamine
16    Control and Community Protection Act, the Methamphetamine
17    Precursor Control Act, or a methamphetamine related
18    offense, be:
19            (A) prohibited from purchasing, possessing, or
20        having under his or her control any product containing
21        pseudoephedrine unless prescribed by a physician; and
22            (B) prohibited from purchasing, possessing, or
23        having under his or her control any product containing
24        ammonium nitrate; and
25        (20) be evaluated by the Department of Corrections
26    prior to release using a validated risk assessment and be

 

 

10000SB1607ham002- 67 -LRB100 11093 RLC 30479 a

1    subject to a corresponding level of supervision. In
2    accordance with the findings of that evaluation:
3            (A) All subjects found to be at a moderate or high
4        risk to recidivate, or on parole or mandatory
5        supervised release for first degree murder, a Class X
6        felony, or a Class 1 felony violation of the Criminal
7        Code of 1961 or the Criminal Code of 2012, or any
8        felony that requires registration as a sex offender
9        under the Sex Offender Registration Act, shall be
10        subject to high level supervision. The Department
11        shall define high level supervision based upon
12        evidence-based and research-based practices.
13        Notwithstanding this placement on high level
14        supervision, placement of the subject on electronic
15        monitoring or detention shall not occur unless it is
16        required by law or expressly ordered or approved by the
17        Prisoner Review Board.
18            (B) All subjects found to be at a low risk to
19        recidivate shall be subject to low-level supervision,
20        except for those subjects on parole or mandatory
21        supervised release for first degree murder, a Class X
22        felony, or a Class 1 felony violation of the Criminal
23        Code of 1961 or the Criminal Code of 2012, or any
24        felony that requires registration as a sex offender
25        under the Sex Offender Registration Act. Low level
26        supervision shall require the subject to check in with

 

 

10000SB1607ham002- 68 -LRB100 11093 RLC 30479 a

1        the supervising officer via phone or other electronic
2        means. Notwithstanding this placement on low level
3        supervision, placement of the subject on electronic
4        monitoring or detention shall not occur unless it is
5        required by law or expressly ordered or approved by the
6        Prisoner Review Board.
7    (b) The Board may in addition to other conditions require
8that the subject:
9        (1) work or pursue a course of study or vocational
10    training;
11        (2) undergo medical or psychiatric treatment, or
12    treatment for drug addiction or alcoholism;
13        (3) attend or reside in a facility established for the
14    instruction or residence of persons on probation or parole;
15        (4) support his or her dependents;
16        (5) (blank);
17        (6) (blank);
18        (7) (blank);
19        (7.5) if convicted for an offense committed on or after
20    the effective date of this amendatory Act of the 95th
21    General Assembly that would qualify the accused as a child
22    sex offender as defined in Section 11-9.3 or 11-9.4 of the
23    Criminal Code of 1961 or the Criminal Code of 2012, refrain
24    from communicating with or contacting, by means of the
25    Internet, a person who is related to the accused and whom
26    the accused reasonably believes to be under 18 years of

 

 

10000SB1607ham002- 69 -LRB100 11093 RLC 30479 a

1    age; for purposes of this paragraph (7.5), "Internet" has
2    the meaning ascribed to it in Section 16-0.1 of the
3    Criminal Code of 2012; and a person is related to the
4    accused if the person is: (i) the spouse, brother, or
5    sister of the accused; (ii) a descendant of the accused;
6    (iii) a first or second cousin of the accused; or (iv) a
7    step-child or adopted child of the accused;
8        (7.6) if convicted for an offense committed on or after
9    June 1, 2009 (the effective date of Public Act 95-983) that
10    would qualify as a sex offense as defined in the Sex
11    Offender Registration Act:
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the Department;
15            (ii) submit to periodic unannounced examinations
16        of the offender's computer or any other device with
17        Internet capability by the offender's supervising
18        agent, a law enforcement officer, or assigned computer
19        or information technology specialist, including the
20        retrieval and copying of all data from the computer or
21        device and any internal or external peripherals and
22        removal of such information, equipment, or device to
23        conduct a more thorough inspection;
24            (iii) submit to the installation on the offender's
25        computer or device with Internet capability, at the
26        offender's expense, of one or more hardware or software

 

 

10000SB1607ham002- 70 -LRB100 11093 RLC 30479 a

1        systems to monitor the Internet use; and
2            (iv) submit to any other appropriate restrictions
3        concerning the offender's use of or access to a
4        computer or any other device with Internet capability
5        imposed by the Board, the Department or the offender's
6        supervising agent; and
7        (8) in addition, if a minor:
8            (i) reside with his or her parents or in a foster
9        home;
10            (ii) attend school;
11            (iii) attend a non-residential program for youth;
12        or
13            (iv) contribute to his or her own support at home
14        or in a foster home.
15    (b-1) In addition to the conditions set forth in
16subsections (a) and (b), persons required to register as sex
17offenders pursuant to the Sex Offender Registration Act, upon
18release from the custody of the Illinois Department of
19Corrections, may be required by the Board to comply with the
20following specific conditions of release:
21        (1) reside only at a Department approved location;
22        (2) comply with all requirements of the Sex Offender
23    Registration Act;
24        (3) notify third parties of the risks that may be
25    occasioned by his or her criminal record;
26        (4) obtain the approval of an agent of the Department

 

 

10000SB1607ham002- 71 -LRB100 11093 RLC 30479 a

1    of Corrections prior to accepting employment or pursuing a
2    course of study or vocational training and notify the
3    Department prior to any change in employment, study, or
4    training;
5        (5) not be employed or participate in any volunteer
6    activity that involves contact with children, except under
7    circumstances approved in advance and in writing by an
8    agent of the Department of Corrections;
9        (6) be electronically monitored for a minimum of 12
10    months from the date of release as determined by the Board;
11        (7) refrain from entering into a designated geographic
12    area except upon terms approved in advance by an agent of
13    the Department of Corrections. The terms may include
14    consideration of the purpose of the entry, the time of day,
15    and others accompanying the person;
16        (8) refrain from having any contact, including written
17    or oral communications, directly or indirectly, personally
18    or by telephone, letter, or through a third party with
19    certain specified persons including, but not limited to,
20    the victim or the victim's family without the prior written
21    approval of an agent of the Department of Corrections;
22        (9) refrain from all contact, directly or indirectly,
23    personally, by telephone, letter, or through a third party,
24    with minor children without prior identification and
25    approval of an agent of the Department of Corrections;
26        (10) neither possess or have under his or her control

 

 

10000SB1607ham002- 72 -LRB100 11093 RLC 30479 a

1    any material that is sexually oriented, sexually
2    stimulating, or that shows male or female sex organs or any
3    pictures depicting children under 18 years of age nude or
4    any written or audio material describing sexual
5    intercourse or that depicts or alludes to sexual activity,
6    including but not limited to visual, auditory, telephonic,
7    or electronic media, or any matter obtained through access
8    to any computer or material linked to computer access use;
9        (11) not patronize any business providing sexually
10    stimulating or sexually oriented entertainment nor utilize
11    "900" or adult telephone numbers;
12        (12) not reside near, visit, or be in or about parks,
13    schools, day care centers, swimming pools, beaches,
14    theaters, or any other places where minor children
15    congregate without advance approval of an agent of the
16    Department of Corrections and immediately report any
17    incidental contact with minor children to the Department;
18        (13) not possess or have under his or her control
19    certain specified items of contraband related to the
20    incidence of sexually offending as determined by an agent
21    of the Department of Corrections;
22        (14) may be required to provide a written daily log of
23    activities if directed by an agent of the Department of
24    Corrections;
25        (15) comply with all other special conditions that the
26    Department may impose that restrict the person from

 

 

10000SB1607ham002- 73 -LRB100 11093 RLC 30479 a

1    high-risk situations and limit access to potential
2    victims;
3        (16) take an annual polygraph exam;
4        (17) maintain a log of his or her travel; or
5        (18) obtain prior approval of his or her parole officer
6    before driving alone in a motor vehicle.
7    (c) The conditions under which the parole or mandatory
8supervised release is to be served shall be communicated to the
9person in writing prior to his or her release, and he or she
10shall sign the same before release. A signed copy of these
11conditions, including a copy of an order of protection where
12one had been issued by the criminal court, shall be retained by
13the person and another copy forwarded to the officer in charge
14of his or her supervision.
15    (d) After a hearing under Section 3-3-9, the Prisoner
16Review Board may modify or enlarge the conditions of parole or
17mandatory supervised release.
18    (e) The Department shall inform all offenders committed to
19the Department of the optional services available to them upon
20release and shall assist inmates in availing themselves of such
21optional services upon their release on a voluntary basis.
22    (f) (Blank).
23(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
24100-201, eff. 8-18-17.)
 
25    (Text of Section after amendment by P.A. 100-260)

 

 

10000SB1607ham002- 74 -LRB100 11093 RLC 30479 a

1    Sec. 3-3-7. Conditions of parole or mandatory supervised
2release.
3    (a) The conditions of parole or mandatory supervised
4release shall be such as the Prisoner Review Board deems
5necessary to assist the subject in leading a law-abiding life.
6The conditions of every parole and mandatory supervised release
7are that the subject:
8        (1) not violate any criminal statute of any
9    jurisdiction during the parole or release term;
10        (2) refrain from possessing a firearm or other
11    dangerous weapon;
12        (3) report to an agent of the Department of
13    Corrections;
14        (4) permit the agent to visit him or her at his or her
15    home, employment, or elsewhere to the extent necessary for
16    the agent to discharge his or her duties;
17        (5) attend or reside in a facility established for the
18    instruction or residence of persons on parole or mandatory
19    supervised release;
20        (6) secure permission before visiting or writing a
21    committed person in an Illinois Department of Corrections
22    facility;
23        (7) report all arrests to an agent of the Department of
24    Corrections as soon as permitted by the arresting authority
25    but in no event later than 24 hours after release from
26    custody and immediately report service or notification of

 

 

10000SB1607ham002- 75 -LRB100 11093 RLC 30479 a

1    an order of protection, a civil no contact order, or a
2    stalking no contact order to an agent of the Department of
3    Corrections;
4        (7.5) if convicted of a sex offense as defined in the
5    Sex Offender Management Board Act, the individual shall
6    undergo and successfully complete sex offender treatment
7    conducted in conformance with the standards developed by
8    the Sex Offender Management Board Act by a treatment
9    provider approved by the Board;
10        (7.6) if convicted of a sex offense as defined in the
11    Sex Offender Management Board Act, refrain from residing at
12    the same address or in the same condominium unit or
13    apartment unit or in the same condominium complex or
14    apartment complex with another person he or she knows or
15    reasonably should know is a convicted sex offender or has
16    been placed on supervision for a sex offense; the
17    provisions of this paragraph do not apply to a person
18    convicted of a sex offense who is placed in a Department of
19    Corrections licensed transitional housing facility for sex
20    offenders, or is in any facility operated or licensed by
21    the Department of Children and Family Services or by the
22    Department of Human Services, or is in any licensed medical
23    facility;
24        (7.7) if convicted for an offense that would qualify
25    the accused as a sexual predator under the Sex Offender
26    Registration Act on or after January 1, 2007 (the effective

 

 

10000SB1607ham002- 76 -LRB100 11093 RLC 30479 a

1    date of Public Act 94-988), wear an approved electronic
2    monitoring device as defined in Section 5-8A-2 for the
3    duration of the person's parole, mandatory supervised
4    release term, or extended mandatory supervised release
5    term and if convicted for an offense of criminal sexual
6    assault, aggravated criminal sexual assault, predatory
7    criminal sexual assault of a child, criminal sexual abuse,
8    aggravated criminal sexual abuse, or ritualized abuse of a
9    child committed on or after August 11, 2009 (the effective
10    date of Public Act 96-236) when the victim was under 18
11    years of age at the time of the commission of the offense
12    and the defendant used force or the threat of force in the
13    commission of the offense wear an approved electronic
14    monitoring device as defined in Section 5-8A-2 that has
15    Global Positioning System (GPS) capability for the
16    duration of the person's parole, mandatory supervised
17    release term, or extended mandatory supervised release
18    term;
19        (7.8) if convicted for an offense committed on or after
20    June 1, 2008 (the effective date of Public Act 95-464) that
21    would qualify the accused as a child sex offender as
22    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
23    1961 or the Criminal Code of 2012, refrain from
24    communicating with or contacting, by means of the Internet,
25    a person who is not related to the accused and whom the
26    accused reasonably believes to be under 18 years of age;

 

 

10000SB1607ham002- 77 -LRB100 11093 RLC 30479 a

1    for purposes of this paragraph (7.8), "Internet" has the
2    meaning ascribed to it in Section 16-0.1 of the Criminal
3    Code of 2012; and a person is not related to the accused if
4    the person is not: (i) the spouse, brother, or sister of
5    the accused; (ii) a descendant of the accused; (iii) a
6    first or second cousin of the accused; or (iv) a step-child
7    or adopted child of the accused;
8        (7.9) if convicted under Section 11-6, 11-20.1,
9    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or
10    the Criminal Code of 2012, consent to search of computers,
11    PDAs, cellular phones, and other devices under his or her
12    control that are capable of accessing the Internet or
13    storing electronic files, in order to confirm Internet
14    protocol addresses reported in accordance with the Sex
15    Offender Registration Act and compliance with conditions
16    in this Act;
17        (7.10) if convicted for an offense that would qualify
18    the accused as a sex offender or sexual predator under the
19    Sex Offender Registration Act on or after June 1, 2008 (the
20    effective date of Public Act 95-640), not possess
21    prescription drugs for erectile dysfunction;
22        (7.11) if convicted for an offense under Section 11-6,
23    11-9.1, 11-14.4 that involves soliciting for a juvenile
24    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
25    of the Criminal Code of 1961 or the Criminal Code of 2012,
26    or any attempt to commit any of these offenses, committed

 

 

10000SB1607ham002- 78 -LRB100 11093 RLC 30479 a

1    on or after June 1, 2009 (the effective date of Public Act
2    95-983):
3            (i) not access or use a computer or any other
4        device with Internet capability without the prior
5        written approval of the Department;
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 supervising
9        agent, a law enforcement officer, or assigned computer
10        or information technology specialist, including the
11        retrieval and copying of all data from the computer or
12        device and any internal or external peripherals and
13        removal of such information, equipment, or device to
14        conduct a more thorough inspection;
15            (iii) submit to the installation on the offender's
16        computer or device with Internet capability, at the
17        offender's expense, of one or more hardware or software
18        systems to monitor the Internet use; and
19            (iv) submit to any other appropriate restrictions
20        concerning the offender's use of or access to a
21        computer or any other device with Internet capability
22        imposed by the Board, the Department or the offender's
23        supervising agent;
24        (7.12) if convicted of a sex offense as defined in the
25    Sex Offender Registration Act committed on or after January
26    1, 2010 (the effective date of Public Act 96-262), refrain

 

 

10000SB1607ham002- 79 -LRB100 11093 RLC 30479 a

1    from accessing or using a social networking website as
2    defined in Section 17-0.5 of the Criminal Code of 2012;
3        (7.13) if convicted of a sex offense as defined in
4    Section 2 of the Sex Offender Registration Act committed on
5    or after January 1, 2010 (the effective date of Public Act
6    96-362) that requires the person to register as a sex
7    offender under that Act, may not knowingly use any computer
8    scrub software on any computer that the sex offender uses;
9        (8) obtain permission of an agent of the Department of
10    Corrections before leaving the State of Illinois;
11        (9) obtain permission of an agent of the Department of
12    Corrections before changing his or her residence or
13    employment;
14        (10) consent to a search of his or her person,
15    property, or residence under his or her control;
16        (11) refrain from the use or possession of narcotics or
17    other controlled substances in any form, or both, or any
18    paraphernalia related to those substances and submit to a
19    urinalysis test as instructed by a parole agent of the
20    Department of Corrections;
21        (12) not frequent places where controlled substances
22    are illegally sold, used, distributed, or administered;
23        (13) not knowingly associate with other persons on
24    parole or mandatory supervised release without prior
25    written permission of his or her parole agent, except when
26    the association involves activities related to community

 

 

10000SB1607ham002- 80 -LRB100 11093 RLC 30479 a

1    programs, worship services, volunteering, and engaging
2    families, and not associate with persons who are members of
3    an organized gang as that term is defined in the Illinois
4    Streetgang Terrorism Omnibus Prevention Act;
5        (14) provide true and accurate information, as it
6    relates to his or her adjustment in the community while on
7    parole or mandatory supervised release or to his or her
8    conduct while incarcerated, in response to inquiries by his
9    or her parole agent or of the Department of Corrections;
10        (15) follow any specific instructions provided by the
11    parole agent that are consistent with furthering
12    conditions set and approved by the Prisoner Review Board or
13    by law, exclusive of placement on electronic detention, to
14    achieve the goals and objectives of his or her parole or
15    mandatory supervised release or to protect the public.
16    These instructions by the parole agent may be modified at
17    any time, as the agent deems appropriate;
18        (16) if convicted of a sex offense as defined in
19    subsection (a-5) of Section 3-1-2 of this Code, unless the
20    offender is a parent or guardian of the person under 18
21    years of age present in the home and no non-familial minors
22    are present, not participate in a holiday event involving
23    children under 18 years of age, such as distributing candy
24    or other items to children on Halloween, wearing a Santa
25    Claus costume on or preceding Christmas, being employed as
26    a department store Santa Claus, or wearing an Easter Bunny

 

 

10000SB1607ham002- 81 -LRB100 11093 RLC 30479 a

1    costume on or preceding Easter;
2        (17) if convicted of a violation of an order of
3    protection under Section 12-3.4 or Section 12-30 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, be
5    placed under electronic surveillance as provided in
6    Section 5-8A-7 of this Code;
7        (18) comply with the terms and conditions of an order
8    of protection issued pursuant to the Illinois Domestic
9    Violence Act of 1986; an order of protection issued by the
10    court of another state, tribe, or United States territory;
11    a no contact order issued pursuant to the Civil No Contact
12    Order Act; or a no contact order issued pursuant to the
13    Stalking No Contact Order Act;
14        (19) if convicted of a violation of the Methamphetamine
15    Control and Community Protection Act, the Methamphetamine
16    Precursor Control Act, or a methamphetamine related
17    offense, be:
18            (A) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        pseudoephedrine unless prescribed by a physician; and
21            (B) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        ammonium nitrate; and
24        (20) if convicted of a hate crime under Section 12-7.1
25    of the Criminal Code of 2012, perform public or community
26    service of no less than 200 hours and enroll in an

 

 

10000SB1607ham002- 82 -LRB100 11093 RLC 30479 a

1    educational program discouraging hate crimes 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 ordered by the court; and
5        (21) be evaluated by the Department of Corrections
6    prior to release using a validated risk assessment and be
7    subject to a corresponding level of supervision. In
8    accordance with the findings of that evaluation:
9            (A) All subjects found to be at a moderate or high
10        risk to recidivate, or on parole or mandatory
11        supervised release for first degree murder, a Class X
12        felony, or a Class 1 felony violation of the Criminal
13        Code of 1961 or the Criminal Code of 2012, or any
14        felony that requires registration as a sex offender
15        under the Sex Offender Registration Act, shall be
16        subject to high level supervision. The Department
17        shall define high level supervision based upon
18        evidence-based and research-based practices.
19        Notwithstanding this placement on high level
20        supervision, placement of the subject on electronic
21        monitoring or detention shall not occur unless it is
22        required by law or expressly ordered or approved by the
23        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

 

 

10000SB1607ham002- 83 -LRB100 11093 RLC 30479 a

1        supervised release for first degree murder, a Class X
2        felony, or a Class 1 felony violation of the Criminal
3        Code of 1961 or the Criminal Code of 2012, or any
4        felony that requires registration as a sex offender
5        under the Sex Offender Registration Act. Low level
6        supervision shall require the subject to check in with
7        the supervising officer via phone or other electronic
8        means. Notwithstanding this placement on low level
9        supervision, placement of the subject on electronic
10        monitoring or detention shall not occur unless it is
11        required by law or expressly ordered or approved by the
12        Prisoner Review Board.
13    (b) The Board may in addition to other conditions require
14that the subject:
15        (1) work or pursue a course of study or vocational
16    training;
17        (2) undergo medical or psychiatric treatment, or
18    treatment for drug addiction or alcoholism;
19        (3) attend or reside in a facility established for the
20    instruction or residence of persons on probation or parole;
21        (4) support his or her dependents;
22        (5) (blank);
23        (6) (blank);
24        (7) (blank);
25        (7.5) if convicted for an offense committed on or after
26    the effective date of this amendatory Act of the 95th

 

 

10000SB1607ham002- 84 -LRB100 11093 RLC 30479 a

1    General Assembly that would qualify the accused as a child
2    sex offender as defined in Section 11-9.3 or 11-9.4 of the
3    Criminal Code of 1961 or the Criminal Code of 2012, refrain
4    from communicating with or contacting, by means of the
5    Internet, a person who is related to the accused and whom
6    the accused reasonably believes to be under 18 years of
7    age; for purposes of this paragraph (7.5), "Internet" has
8    the meaning ascribed to it in Section 16-0.1 of the
9    Criminal Code of 2012; and a person is related to the
10    accused if the person is: (i) the spouse, brother, or
11    sister of the accused; (ii) a descendant of the accused;
12    (iii) a first or second cousin of the accused; or (iv) a
13    step-child or adopted child of the accused;
14        (7.6) if convicted for an offense committed on or after
15    June 1, 2009 (the effective date of Public Act 95-983) that
16    would qualify as a sex offense as defined in the Sex
17    Offender Registration Act:
18            (i) not access or use a computer or any other
19        device with Internet capability without the prior
20        written approval of the Department;
21            (ii) submit to periodic unannounced examinations
22        of the offender's computer or any other device with
23        Internet capability by the offender's supervising
24        agent, a law enforcement officer, or assigned computer
25        or information technology specialist, including the
26        retrieval and copying of all data from the computer or

 

 

10000SB1607ham002- 85 -LRB100 11093 RLC 30479 a

1        device and any internal or external peripherals and
2        removal of such information, equipment, or device to
3        conduct a more thorough inspection;
4            (iii) submit to the installation on the offender's
5        computer or device with Internet capability, at the
6        offender's expense, of one or more hardware or software
7        systems to monitor the Internet use; and
8            (iv) submit to any other appropriate restrictions
9        concerning the offender's use of or access to a
10        computer or any other device with Internet capability
11        imposed by the Board, the Department or the offender's
12        supervising agent; and
13        (8) in addition, if a minor:
14            (i) reside with his or her parents or in a foster
15        home;
16            (ii) attend school;
17            (iii) attend a non-residential program for youth;
18        or
19            (iv) contribute to his or her own support at home
20        or in a foster home.
21    (b-1) In addition to the conditions set forth in
22subsections (a) and (b), persons required to register as sex
23offenders pursuant to the Sex Offender Registration Act, upon
24release from the custody of the Illinois Department of
25Corrections, may be required by the Board to comply with the
26following specific conditions of release:

 

 

10000SB1607ham002- 86 -LRB100 11093 RLC 30479 a

1        (1) reside only at a Department approved location;
2        (2) comply with all requirements of the Sex Offender
3    Registration Act;
4        (3) notify third parties of the risks that may be
5    occasioned by his or her criminal record;
6        (4) obtain the approval of an agent of the Department
7    of Corrections prior to accepting employment or pursuing a
8    course of study or vocational training and notify the
9    Department prior to any change in employment, study, or
10    training;
11        (5) not be employed or participate in any volunteer
12    activity that involves contact with children, except under
13    circumstances approved in advance and in writing by an
14    agent of the Department of Corrections;
15        (6) be electronically monitored for a minimum of 12
16    months from the date of release as determined by the Board;
17        (7) refrain from entering into a designated geographic
18    area except upon terms approved in advance by an agent of
19    the Department of Corrections. The terms may include
20    consideration of the purpose of the entry, the time of day,
21    and others accompanying the person;
22        (8) refrain from having any contact, including written
23    or oral communications, directly or indirectly, personally
24    or by telephone, letter, or through a third party with
25    certain specified persons including, but not limited to,
26    the victim or the victim's family without the prior written

 

 

10000SB1607ham002- 87 -LRB100 11093 RLC 30479 a

1    approval of an agent of the Department of Corrections;
2        (9) refrain from all contact, directly or indirectly,
3    personally, by telephone, letter, or through a third party,
4    with minor children without prior identification and
5    approval of an agent of the Department of Corrections;
6        (10) neither possess or have under his or her control
7    any material that is sexually oriented, sexually
8    stimulating, or that shows male or female sex organs or any
9    pictures depicting children under 18 years of age nude or
10    any written or audio material describing sexual
11    intercourse or that depicts or alludes to sexual activity,
12    including but not limited to visual, auditory, telephonic,
13    or electronic media, or any matter obtained through access
14    to any computer or material linked to computer access use;
15        (11) not patronize any business providing sexually
16    stimulating or sexually oriented entertainment nor utilize
17    "900" or adult telephone numbers;
18        (12) not reside near, visit, or be in or about parks,
19    schools, day care centers, swimming pools, beaches,
20    theaters, or any other places where minor children
21    congregate without advance approval of an agent of the
22    Department of Corrections and immediately report any
23    incidental contact with minor children to the Department;
24        (13) not possess or have under his or her control
25    certain specified items of contraband related to the
26    incidence of sexually offending as determined by an agent

 

 

10000SB1607ham002- 88 -LRB100 11093 RLC 30479 a

1    of the Department of Corrections;
2        (14) may be required to provide a written daily log of
3    activities if directed by an agent of the Department of
4    Corrections;
5        (15) comply with all other special conditions that the
6    Department may impose that restrict the person from
7    high-risk situations and limit access to potential
8    victims;
9        (16) take an annual polygraph exam;
10        (17) maintain a log of his or her travel; or
11        (18) obtain prior approval of his or her parole officer
12    before driving alone in a motor vehicle.
13    (c) The conditions under which the parole or mandatory
14supervised release is to be served shall be communicated to the
15person in writing prior to his or her release, and he or she
16shall sign the same before release. A signed copy of these
17conditions, including a copy of an order of protection where
18one had been issued by the criminal court, shall be retained by
19the person and another copy forwarded to the officer in charge
20of his or her supervision.
21    (d) After a hearing under Section 3-3-9, the Prisoner
22Review Board may modify or enlarge the conditions of parole or
23mandatory supervised release.
24    (e) The Department shall inform all offenders committed to
25the Department of the optional services available to them upon
26release and shall assist inmates in availing themselves of such

 

 

10000SB1607ham002- 89 -LRB100 11093 RLC 30479 a

1optional services upon their release on a voluntary basis.
2    (f) (Blank).
3(Source: P.A. 99-628, eff. 1-1-17; 99-698, eff. 7-29-16;
4100-201, eff. 8-18-17; 100-260, eff. 1-1-18.)
 
5    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
6    (Text of Section from P.A. 99-642)
7    Sec. 3-6-3. Rules and regulations for sentence credit.
8    (a)(1) The Department of Corrections shall prescribe rules
9and regulations for awarding and revoking sentence credit for
10persons committed to the Department which shall be subject to
11review by the Prisoner Review Board.
12    (1.5) As otherwise provided by law, sentence credit may be
13awarded for the following:
14        (A) successful completion of programming while in
15    custody of the Department or while in custody prior to
16    sentencing;
17        (B) compliance with the rules and regulations of the
18    Department; or
19        (C) service to the institution, service to a community,
20    or service to the State.
21    (2) The rules and regulations on sentence credit shall
22provide, with respect to offenses listed in clause (i), (ii),
23or (iii) of this paragraph (2) committed on or after June 19,
241998 or with respect to the offense listed in clause (iv) of
25this paragraph (2) committed on or after June 23, 2005 (the

 

 

10000SB1607ham002- 90 -LRB100 11093 RLC 30479 a

1effective date of Public Act 94-71) or with respect to offense
2listed in clause (vi) committed on or after June 1, 2008 (the
3effective date of Public Act 95-625) or with respect to the
4offense of being an armed habitual criminal committed on or
5after August 2, 2005 (the effective date of Public Act 94-398)
6or with respect to the offenses listed in clause (v) of this
7paragraph (2) committed on or after August 13, 2007 (the
8effective date of Public Act 95-134) or with respect to the
9offense of aggravated domestic battery committed on or after
10July 23, 2010 (the effective date of Public Act 96-1224) or
11with respect to the offense of attempt to commit terrorism
12committed on or after January 1, 2013 (the effective date of
13Public Act 97-990), the following:
14        (i) that a prisoner who is serving a term of
15    imprisonment for first degree murder or for the offense of
16    terrorism shall receive no sentence credit and shall serve
17    the entire sentence imposed by the court;
18        (ii) that a prisoner serving a sentence for attempt to
19    commit terrorism, attempt to commit first degree murder,
20    solicitation of murder, solicitation of murder for hire,
21    intentional homicide of an unborn child, predatory
22    criminal sexual assault of a child, aggravated criminal
23    sexual assault, criminal sexual assault, aggravated
24    kidnapping, aggravated battery with a firearm as described
25    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
26    (e)(4) of Section 12-3.05, heinous battery as described in

 

 

10000SB1607ham002- 91 -LRB100 11093 RLC 30479 a

1    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
2    being an armed habitual criminal, aggravated battery of a
3    senior citizen as described in Section 12-4.6 or
4    subdivision (a)(4) of Section 12-3.05, or aggravated
5    battery of a child as described in Section 12-4.3 or
6    subdivision (b)(1) of Section 12-3.05 shall receive no more
7    than 4.5 days of sentence credit for each month of his or
8    her sentence of imprisonment;
9        (iii) that a prisoner serving a sentence for home
10    invasion, armed robbery, aggravated vehicular hijacking,
11    aggravated discharge of a firearm, or armed violence with a
12    category I weapon or category II weapon, when the court has
13    made and entered a finding, pursuant to subsection (c-1) of
14    Section 5-4-1 of this Code, that the conduct leading to
15    conviction for the enumerated offense resulted in great
16    bodily harm to a victim, shall receive no more than 4.5
17    days of sentence credit for each month of his or her
18    sentence of imprisonment;
19        (iv) that a prisoner serving a sentence for aggravated
20    discharge of a firearm, whether or not the conduct leading
21    to conviction for the offense resulted in great bodily harm
22    to the victim, shall receive no more than 4.5 days of
23    sentence credit for each month of his or her sentence of
24    imprisonment;
25        (v) that a person serving a sentence for gunrunning,
26    narcotics racketeering, controlled substance trafficking,

 

 

10000SB1607ham002- 92 -LRB100 11093 RLC 30479 a

1    methamphetamine trafficking, drug-induced homicide,
2    aggravated methamphetamine-related child endangerment,
3    money laundering pursuant to clause (c) (4) or (5) of
4    Section 29B-1 of the Criminal Code of 1961 or the Criminal
5    Code of 2012, or a Class X felony conviction for delivery
6    of a controlled substance, possession of a controlled
7    substance with intent to manufacture or deliver,
8    calculated criminal drug conspiracy, criminal drug
9    conspiracy, street gang criminal drug conspiracy,
10    participation in methamphetamine manufacturing, aggravated
11    participation in methamphetamine manufacturing, delivery
12    of methamphetamine, possession with intent to deliver
13    methamphetamine, aggravated delivery of methamphetamine,
14    aggravated possession with intent to deliver
15    methamphetamine, methamphetamine conspiracy when the
16    substance containing the controlled substance or
17    methamphetamine is 100 grams or more shall receive no more
18    than 7.5 days sentence credit for each month of his or her
19    sentence of imprisonment;
20        (vi) that a prisoner serving a sentence for a second or
21    subsequent offense of luring a minor shall receive no more
22    than 4.5 days of sentence credit for each month of his or
23    her sentence of imprisonment; and
24        (vii) that a prisoner serving a sentence for aggravated
25    domestic battery shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

10000SB1607ham002- 93 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 94 -LRB100 11093 RLC 30479 a

1of imprisonment or recommitment under Section 3-3-9.
2    (2.2) A prisoner serving a term of natural life
3imprisonment or a prisoner who has been sentenced to death
4shall receive no sentence credit.
5    (2.3) The rules and regulations on sentence credit shall
6provide that a prisoner who is serving a sentence for
7aggravated driving under the influence of alcohol, other drug
8or drugs, or intoxicating compound or compounds, or any
9combination thereof as defined in subparagraph (F) of paragraph
10(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
11Code, shall receive no more than 4.5 days of sentence credit
12for each month of his or her sentence of imprisonment.
13    (2.4) The rules and regulations on sentence credit shall
14provide with respect to the offenses of aggravated battery with
15a machine gun or a firearm equipped with any device or
16attachment designed or used for silencing the report of a
17firearm or aggravated discharge of a machine gun or a firearm
18equipped with any device or attachment designed or used for
19silencing the report of a firearm, committed on or after July
2015, 1999 (the effective date of Public Act 91-121), that a
21prisoner serving a sentence for any of these offenses shall
22receive no more than 4.5 days of sentence credit for each month
23of his or her sentence of imprisonment.
24    (2.5) The rules and regulations on sentence credit shall
25provide that a prisoner who is serving a sentence for
26aggravated arson committed on or after July 27, 2001 (the

 

 

10000SB1607ham002- 95 -LRB100 11093 RLC 30479 a

1effective date of Public Act 92-176) shall receive no more than
24.5 days of sentence credit for each month of his or her
3sentence of imprisonment.
4    (2.6) The rules and regulations on sentence credit shall
5provide that a prisoner who is serving a sentence for
6aggravated driving under the influence of alcohol, other drug
7or drugs, or intoxicating compound or compounds or any
8combination thereof as defined in subparagraph (C) of paragraph
9(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
10Code committed on or after January 1, 2011 (the effective date
11of Public Act 96-1230) shall receive no more than 4.5 days of
12sentence credit for each month of his or her sentence of
13imprisonment.
14    (3) The rules and regulations shall also provide that the
15Director may award up to 180 days additional sentence credit
16for good conduct in specific instances as the Director deems
17proper. The good conduct may include, but is not limited to,
18compliance with the rules and regulations of the Department,
19service to the Department, service to a community, or service
20to the State. However, the Director shall not award more than
2190 days of sentence credit for good conduct to any prisoner who
22is serving a sentence for conviction of first degree murder,
23reckless homicide while under the influence of alcohol or any
24other drug, or aggravated driving under the influence of
25alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof as defined in

 

 

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1subparagraph (F) of paragraph (1) of subsection (d) of Section
211-501 of the Illinois Vehicle Code, aggravated kidnapping,
3kidnapping, predatory criminal sexual assault of a child,
4aggravated criminal sexual assault, criminal sexual assault,
5deviate sexual assault, aggravated criminal sexual abuse,
6aggravated indecent liberties with a child, indecent liberties
7with a child, child pornography, heinous battery as described
8in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
9aggravated battery of a spouse, aggravated battery of a spouse
10with a firearm, stalking, aggravated stalking, aggravated
11battery of a child as described in Section 12-4.3 or
12subdivision (b)(1) of Section 12-3.05, endangering the life or
13health of a child, or cruelty to a child. Notwithstanding the
14foregoing, sentence credit for good conduct shall not be
15awarded on a sentence of imprisonment imposed for conviction
16of: (i) one of the offenses enumerated in subdivision
17(a)(2)(i), (ii), or (iii) when the offense is committed on or
18after June 19, 1998 or subdivision (a)(2)(iv) when the offense
19is committed on or after June 23, 2005 (the effective date of
20Public Act 94-71) or subdivision (a)(2)(v) when the offense is
21committed on or after August 13, 2007 (the effective date of
22Public Act 95-134) or subdivision (a)(2)(vi) when the offense
23is committed on or after June 1, 2008 (the effective date of
24Public Act 95-625) or subdivision (a)(2)(vii) when the offense
25is committed on or after July 23, 2010 (the effective date of
26Public Act 96-1224), (ii) aggravated driving under the

 

 

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1influence of alcohol, other drug or drugs, or intoxicating
2compound or compounds, or any combination thereof as defined in
3subparagraph (F) of paragraph (1) of subsection (d) of Section
411-501 of the Illinois Vehicle Code, (iii) one of the offenses
5enumerated in subdivision (a)(2.4) when the offense is
6committed on or after July 15, 1999 (the effective date of
7Public Act 91-121), (iv) aggravated arson when the offense is
8committed on or after July 27, 2001 (the effective date of
9Public Act 92-176), (v) offenses that may subject the offender
10to commitment under the Sexually Violent Persons Commitment
11Act, or (vi) aggravated driving under the influence of alcohol,
12other drug or drugs, or intoxicating compound or compounds or
13any combination thereof as defined in subparagraph (C) of
14paragraph (1) of subsection (d) of Section 11-501 of the
15Illinois Vehicle Code committed on or after January 1, 2011
16(the effective date of Public Act 96-1230).
17    Eligible inmates for an award of sentence credit under this
18paragraph (3) may be selected to receive the credit at the
19Director's or his or her designee's sole discretion.
20Consideration may be based on, but not limited to, any
21available risk assessment analysis on the inmate, any history
22of conviction for violent crimes as defined by the Rights of
23Crime Victims and Witnesses Act, facts and circumstances of the
24inmate's holding offense or offenses, and the potential for
25rehabilitation.
26    The Director shall not award sentence credit under this

 

 

10000SB1607ham002- 98 -LRB100 11093 RLC 30479 a

1paragraph (3) to an inmate unless the inmate has served a
2minimum of 60 days of the sentence; except nothing in this
3paragraph shall be construed to permit the Director to extend
4an inmate's sentence beyond that which was imposed by the
5court. Prior to awarding credit under this paragraph (3), the
6Director shall make a written determination that the inmate:
7        (A) is eligible for the sentence credit;
8        (B) has served a minimum of 60 days, or as close to 60
9    days as the sentence will allow; and
10        (C) has met the eligibility criteria established by
11    rule.
12    The Director shall determine the form and content of the
13written determination required in this subsection.
14    (3.5) The Department shall provide annual written reports
15to the Governor and the General Assembly on the award of
16sentence credit for good conduct, with the first report due
17January 1, 2014. The Department must publish both reports on
18its website within 48 hours of transmitting the reports to the
19Governor and the General Assembly. The reports must include:
20        (A) the number of inmates awarded sentence credit for
21    good conduct;
22        (B) the average amount of sentence credit for good
23    conduct awarded;
24        (C) the holding offenses of inmates awarded sentence
25    credit for good conduct; and
26        (D) the number of sentence credit for good conduct

 

 

10000SB1607ham002- 99 -LRB100 11093 RLC 30479 a

1    revocations.
2    (4) The rules and regulations shall also provide that the
3sentence credit accumulated and retained under paragraph (2.1)
4of subsection (a) of this Section by any inmate during specific
5periods of time in which such inmate is engaged full-time in
6substance abuse programs, correctional industry assignments,
7educational programs, behavior modification programs, life
8skills courses, or re-entry planning provided by the Department
9under this paragraph (4) and satisfactorily completes the
10assigned program as determined by the standards of the
11Department, shall be multiplied by a factor of 1.25 for program
12participation before August 11, 1993 and 1.50 for program
13participation on or after that date. The rules and regulations
14shall also provide that sentence credit, subject to the same
15offense limits and multiplier provided in this paragraph, may
16be provided to an inmate who was held in pre-trial detention
17prior to his or her current commitment to the Department of
18Corrections and successfully completed a full-time, 60-day or
19longer substance abuse program, educational program, behavior
20modification program, life skills course, or re-entry planning
21provided by the county department of corrections or county
22jail. Calculation of this county program credit shall be done
23at sentencing as provided in Section 5-4.5-100 of this Code and
24shall be included in the sentencing order. However, no inmate
25shall be eligible for the additional sentence credit under this
26paragraph (4) or (4.1) of this subsection (a) while assigned to

 

 

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1a boot camp or electronic detention, or if convicted of an
2offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
3this Section that is committed on or after June 19, 1998 or
4subdivision (a)(2)(iv) of this Section that is committed on or
5after June 23, 2005 (the effective date of Public Act 94-71) or
6subdivision (a)(2)(v) of this Section that is committed on or
7after August 13, 2007 (the effective date of Public Act 95-134)
8or subdivision (a)(2)(vi) when the offense is committed on or
9after June 1, 2008 (the effective date of Public Act 95-625) or
10subdivision (a)(2)(vii) when the offense is committed on or
11after July 23, 2010 (the effective date of Public Act 96-1224),
12or if convicted of aggravated driving under the influence of
13alcohol, other drug or drugs, or intoxicating compound or
14compounds or any combination thereof as defined in subparagraph
15(F) of paragraph (1) of subsection (d) of Section 11-501 of the
16Illinois Vehicle Code, or if convicted of aggravated driving
17under the influence of alcohol, other drug or drugs, or
18intoxicating compound or compounds or any combination thereof
19as defined in subparagraph (C) of paragraph (1) of subsection
20(d) of Section 11-501 of the Illinois Vehicle Code committed on
21or after January 1, 2011 (the effective date of Public Act
2296-1230), or if convicted of an offense enumerated in paragraph
23(a)(2.4) of this Section that is committed on or after July 15,
241999 (the effective date of Public Act 91-121), or first degree
25murder, a Class X felony, criminal sexual assault, felony
26criminal sexual abuse, aggravated criminal sexual abuse,

 

 

10000SB1607ham002- 101 -LRB100 11093 RLC 30479 a

1aggravated battery with a firearm as described in Section
212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
3Section 12-3.05, or any predecessor or successor offenses with
4the same or substantially the same elements, or any inchoate
5offenses relating to the foregoing offenses. No inmate shall be
6eligible for the additional good conduct credit under this
7paragraph (4) who (i) has previously received increased good
8conduct credit under this paragraph (4) and has subsequently
9been convicted of a felony, or (ii) has previously served more
10than one prior sentence of imprisonment for a felony in an
11adult correctional facility.
12    Educational, vocational, substance abuse, behavior
13modification programs, life skills courses, re-entry planning,
14and correctional industry programs under which sentence credit
15may be increased under this paragraph (4) and paragraph (4.1)
16of this subsection (a) shall be evaluated by the Department on
17the basis of documented standards. The Department shall report
18the results of these evaluations to the Governor and the
19General Assembly by September 30th of each year. The reports
20shall include data relating to the recidivism rate among
21program participants.
22    Availability of these programs shall be subject to the
23limits of fiscal resources appropriated by the General Assembly
24for these purposes. Eligible inmates who are denied immediate
25admission shall be placed on a waiting list under criteria
26established by the Department. The inability of any inmate to

 

 

10000SB1607ham002- 102 -LRB100 11093 RLC 30479 a

1become engaged in any such programs by reason of insufficient
2program resources or for any other reason established under the
3rules and regulations of the Department shall not be deemed a
4cause of action under which the Department or any employee or
5agent of the Department shall be liable for damages to the
6inmate.
7    (4.1) The rules and regulations shall also provide that an
8additional 90 days of sentence credit shall be awarded to any
9prisoner who passes high school equivalency testing while the
10prisoner is committed to the Department of Corrections. The
11sentence credit awarded under this paragraph (4.1) shall be in
12addition to, and shall not affect, the award of sentence credit
13under any other paragraph of this Section, but shall also be
14pursuant to the guidelines and restrictions set forth in
15paragraph (4) of subsection (a) of this Section. The sentence
16credit provided for in this paragraph shall be available only
17to those prisoners who have not previously earned a high school
18diploma or a high school equivalency certificate. If, after an
19award of the high school equivalency testing sentence credit
20has been made, the Department determines that the prisoner was
21not eligible, then the award shall be revoked. The Department
22may also award 90 days of sentence credit to any committed
23person who passed high school equivalency testing while he or
24she was held in pre-trial detention prior to the current
25commitment to the Department of Corrections.
26    (4.5) The rules and regulations on sentence credit shall

 

 

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1also provide that when the court's sentencing order recommends
2a prisoner for substance abuse treatment and the crime was
3committed on or after September 1, 2003 (the effective date of
4Public Act 93-354), the prisoner shall receive no sentence
5credit awarded under clause (3) of this subsection (a) unless
6he or she participates in and completes a substance abuse
7treatment program. The Director may waive the requirement to
8participate in or complete a substance abuse treatment program
9and award the sentence credit in specific instances if the
10prisoner is not a good candidate for a substance abuse
11treatment program for medical, programming, or operational
12reasons. Availability of substance abuse treatment shall be
13subject to the limits of fiscal resources appropriated by the
14General Assembly for these purposes. If treatment is not
15available and the requirement to participate and complete the
16treatment has not been waived by the Director, the prisoner
17shall be placed on a waiting list under criteria established by
18the Department. The Director may allow a prisoner placed on a
19waiting list to participate in and complete a substance abuse
20education class or attend substance abuse self-help meetings in
21lieu of a substance abuse treatment program. A prisoner on a
22waiting list who is not placed in a substance abuse program
23prior to release may be eligible for a waiver and receive
24sentence credit under clause (3) of this subsection (a) at the
25discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

10000SB1607ham002- 104 -LRB100 11093 RLC 30479 a

1also provide that a prisoner who has been convicted of a sex
2offense as defined in Section 2 of the Sex Offender
3Registration Act shall receive no sentence credit unless he or
4she either has successfully completed or is participating in
5sex offender treatment as defined by the Sex Offender
6Management Board. However, prisoners who are waiting to receive
7treatment, but who are unable to do so due solely to the lack
8of resources on the part of the Department, may, at the
9Director's sole discretion, be awarded sentence credit at a
10rate as the Director shall determine.
11    (5) Whenever the Department is to release any inmate
12earlier than it otherwise would because of a grant of sentence
13credit for good conduct under paragraph (3) of subsection (a)
14of this Section given at any time during the term, the
15Department shall give reasonable notice of the impending
16release not less than 14 days prior to the date of the release
17to the State's Attorney of the county where the prosecution of
18the inmate took place, and if applicable, the State's Attorney
19of the county into which the inmate will be released. The
20Department must also make identification information and a
21recent photo of the inmate being released accessible on the
22Internet by means of a hyperlink labeled "Community
23Notification of Inmate Early Release" on the Department's World
24Wide Web homepage. The identification information shall
25include the inmate's: name, any known alias, date of birth,
26physical characteristics, commitment offense and county where

 

 

10000SB1607ham002- 105 -LRB100 11093 RLC 30479 a

1conviction was imposed. The identification information shall
2be placed on the website within 3 days of the inmate's release
3and the information may not be removed until either: completion
4of the first year of mandatory supervised release or return of
5the inmate to custody of the Department.
6    (b) Whenever a person is or has been committed under
7several convictions, with separate sentences, the sentences
8shall be construed under Section 5-8-4 in granting and
9forfeiting of sentence credit.
10    (c) The Department shall prescribe rules and regulations
11for revoking sentence credit, including revoking sentence
12credit awarded for good conduct under paragraph (3) of
13subsection (a) of this Section. The Department shall prescribe
14rules and regulations for suspending or reducing the rate of
15accumulation of sentence credit for specific rule violations,
16during imprisonment. These rules and regulations shall provide
17that no inmate may be penalized more than one year of sentence
18credit for any one infraction.
19    When the Department seeks to revoke, suspend or reduce the
20rate of accumulation of any sentence credits for an alleged
21infraction of its rules, it shall bring charges therefor
22against the prisoner sought to be so deprived of sentence
23credits before the Prisoner Review Board as provided in
24subparagraph (a)(4) of Section 3-3-2 of this Code, if the
25amount of credit at issue exceeds 30 days or when during any 12
26month period, the cumulative amount of credit revoked exceeds

 

 

10000SB1607ham002- 106 -LRB100 11093 RLC 30479 a

130 days except where the infraction is committed or discovered
2within 60 days of scheduled release. In those cases, the
3Department of Corrections may revoke up to 30 days of sentence
4credit. The Board may subsequently approve the revocation of
5additional sentence credit, if the Department seeks to revoke
6sentence credit in excess of 30 days. However, the Board shall
7not be empowered to review the Department's decision with
8respect to the loss of 30 days of sentence credit within any
9calendar year for any prisoner or to increase any penalty
10beyond the length requested by the Department.
11    The Director of the Department of Corrections, in
12appropriate cases, may restore up to 30 days of sentence
13credits which have been revoked, suspended or reduced. Any
14restoration of sentence credits in excess of 30 days shall be
15subject to review by the Prisoner Review Board. However, the
16Board may not restore sentence credit in excess of the amount
17requested by the Director.
18    Nothing contained in this Section shall prohibit the
19Prisoner Review Board from ordering, pursuant to Section
203-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
21sentence imposed by the court that was not served due to the
22accumulation of sentence credit.
23    (d) If a lawsuit is filed by a prisoner in an Illinois or
24federal court against the State, the Department of Corrections,
25or the Prisoner Review Board, or against any of their officers
26or employees, and the court makes a specific finding that a

 

 

10000SB1607ham002- 107 -LRB100 11093 RLC 30479 a

1pleading, motion, or other paper filed by the prisoner is
2frivolous, the Department of Corrections shall conduct a
3hearing to revoke up to 180 days of sentence credit by bringing
4charges against the prisoner sought to be deprived of the
5sentence credits before the Prisoner Review Board as provided
6in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
7prisoner has not accumulated 180 days of sentence credit at the
8time of the finding, then the Prisoner Review Board may revoke
9all sentence credit accumulated by the prisoner.
10    For purposes of this subsection (d):
11        (1) "Frivolous" means that a pleading, motion, or other
12    filing which purports to be a legal document filed by a
13    prisoner in his or her lawsuit meets any or all of the
14    following criteria:
15            (A) it lacks an arguable basis either in law or in
16        fact;
17            (B) it is being presented for any improper purpose,
18        such as to harass or to cause unnecessary delay or
19        needless increase in the cost of litigation;
20            (C) the claims, defenses, and other legal
21        contentions therein are not warranted by existing law
22        or by a nonfrivolous argument for the extension,
23        modification, or reversal of existing law or the
24        establishment of new law;
25            (D) the allegations and other factual contentions
26        do not have evidentiary support or, if specifically so

 

 

10000SB1607ham002- 108 -LRB100 11093 RLC 30479 a

1        identified, are not likely to have evidentiary support
2        after a reasonable opportunity for further
3        investigation or discovery; or
4            (E) the denials of factual contentions are not
5        warranted on the evidence, or if specifically so
6        identified, are not reasonably based on a lack of
7        information or belief.
8        (2) "Lawsuit" means a motion pursuant to Section 116-3
9    of the Code of Criminal Procedure of 1963, a habeas corpus
10    action under Article X of the Code of Civil Procedure or
11    under federal law (28 U.S.C. 2254), a petition for claim
12    under the Court of Claims Act, an action under the federal
13    Civil Rights Act (42 U.S.C. 1983), or a second or
14    subsequent petition for post-conviction relief under
15    Article 122 of the Code of Criminal Procedure of 1963
16    whether filed with or without leave of court or a second or
17    subsequent petition for relief from judgment under Section
18    2-1401 of the Code of Civil Procedure.
19    (e) Nothing in Public Act 90-592 or 90-593 affects the
20validity of Public Act 89-404.
21    (f) Whenever the Department is to release any inmate who
22has been convicted of a violation of an order of protection
23under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
24the Criminal Code of 2012, earlier than it otherwise would
25because of a grant of sentence credit, the Department, as a
26condition of release, shall require that the person, upon

 

 

10000SB1607ham002- 109 -LRB100 11093 RLC 30479 a

1release, be placed under electronic surveillance as provided in
2Section 5-8A-7 of this Code.
3(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
4eff. 7-28-16; 100-3, eff. 1-1-18.)
 
5    (Text of Section from P.A. 99-938 and 100-3)
6    Sec. 3-6-3. Rules and regulations for sentence credit.
7    (a)(1) The Department of Corrections shall prescribe rules
8and regulations for awarding and revoking sentence credit for
9persons committed to the Department which shall be subject to
10review by the Prisoner Review Board.
11    (1.5) As otherwise provided by law, sentence credit may be
12awarded for the following:
13        (A) successful completion of programming while in
14    custody of the Department or while in custody prior to
15    sentencing;
16        (B) compliance with the rules and regulations of the
17    Department; or
18        (C) service to the institution, service to a community,
19    or service to the State.
20    (2) Except as provided in paragraph (4.7) of this
21subsection (a), the rules and regulations on sentence credit
22shall provide, with respect to offenses listed in clause (i),
23(ii), or (iii) of this paragraph (2) committed on or after June
2419, 1998 or with respect to the offense listed in clause (iv)
25of this paragraph (2) committed on or after June 23, 2005 (the

 

 

10000SB1607ham002- 110 -LRB100 11093 RLC 30479 a

1effective date of Public Act 94-71) or with respect to offense
2listed in clause (vi) committed on or after June 1, 2008 (the
3effective date of Public Act 95-625) or with respect to the
4offense of being an armed habitual criminal committed on or
5after August 2, 2005 (the effective date of Public Act 94-398)
6or with respect to the offenses listed in clause (v) of this
7paragraph (2) committed on or after August 13, 2007 (the
8effective date of Public Act 95-134) or with respect to the
9offense of aggravated domestic battery committed on or after
10July 23, 2010 (the effective date of Public Act 96-1224) or
11with respect to the offense of attempt to commit terrorism
12committed on or after January 1, 2013 (the effective date of
13Public Act 97-990), the following:
14        (i) that a prisoner who is serving a term of
15    imprisonment for first degree murder or for the offense of
16    terrorism shall receive no sentence credit and shall serve
17    the entire sentence imposed by the court;
18        (ii) that a prisoner serving a sentence for attempt to
19    commit terrorism, attempt to commit first degree murder,
20    solicitation of murder, solicitation of murder for hire,
21    intentional homicide of an unborn child, predatory
22    criminal sexual assault of a child, aggravated criminal
23    sexual assault, criminal sexual assault, aggravated
24    kidnapping, aggravated battery with a firearm as described
25    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
26    (e)(4) of Section 12-3.05, heinous battery as described in

 

 

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1    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
2    being an armed habitual criminal, aggravated battery of a
3    senior citizen as described in Section 12-4.6 or
4    subdivision (a)(4) of Section 12-3.05, or aggravated
5    battery of a child as described in Section 12-4.3 or
6    subdivision (b)(1) of Section 12-3.05 shall receive no more
7    than 4.5 days of sentence credit for each month of his or
8    her sentence of imprisonment;
9        (iii) that a prisoner serving a sentence for home
10    invasion, armed robbery, aggravated vehicular hijacking,
11    aggravated discharge of a firearm, or armed violence with a
12    category I weapon or category II weapon, when the court has
13    made and entered a finding, pursuant to subsection (c-1) of
14    Section 5-4-1 of this Code, that the conduct leading to
15    conviction for the enumerated offense resulted in great
16    bodily harm to a victim, shall receive no more than 4.5
17    days of sentence credit for each month of his or her
18    sentence of imprisonment;
19        (iv) that a prisoner serving a sentence for aggravated
20    discharge of a firearm, whether or not the conduct leading
21    to conviction for the offense resulted in great bodily harm
22    to the victim, shall receive no more than 4.5 days of
23    sentence credit for each month of his or her sentence of
24    imprisonment;
25        (v) that a person serving a sentence for gunrunning,
26    narcotics racketeering, controlled substance trafficking,

 

 

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1    methamphetamine trafficking, drug-induced homicide,
2    aggravated methamphetamine-related child endangerment,
3    money laundering pursuant to clause (c) (4) or (5) of
4    Section 29B-1 of the Criminal Code of 1961 or the Criminal
5    Code of 2012, or a Class X felony conviction for delivery
6    of a controlled substance, possession of a controlled
7    substance with intent to manufacture or deliver,
8    calculated criminal drug conspiracy, criminal drug
9    conspiracy, street gang criminal drug conspiracy,
10    participation in methamphetamine manufacturing, aggravated
11    participation in methamphetamine manufacturing, delivery
12    of methamphetamine, possession with intent to deliver
13    methamphetamine, aggravated delivery of methamphetamine,
14    aggravated possession with intent to deliver
15    methamphetamine, methamphetamine conspiracy when the
16    substance containing the controlled substance or
17    methamphetamine is 100 grams or more shall receive no more
18    than 7.5 days sentence credit for each month of his or her
19    sentence of imprisonment;
20        (vi) that a prisoner serving a sentence for a second or
21    subsequent offense of luring a minor shall receive no more
22    than 4.5 days of sentence credit for each month of his or
23    her sentence of imprisonment; and
24        (vii) that a prisoner serving a sentence for aggravated
25    domestic battery shall receive no more than 4.5 days of
26    sentence credit for each month of his or her sentence of

 

 

10000SB1607ham002- 113 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 114 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 115 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 116 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 117 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 118 -LRB100 11093 RLC 30479 a

1the Department under this paragraph (4) and satisfactorily
2completes the assigned program as determined by the standards
3of the Department, shall be multiplied by a factor of 1.25 for
4program participation before August 11, 1993 and 1.50 for
5program participation on or after that date. The rules and
6regulations shall also provide that sentence credit, subject to
7the same offense limits and multiplier provided in this
8paragraph, may be provided to an inmate who was held in
9pre-trial detention prior to his or her current commitment to
10the Department of Corrections and successfully completed a
11full-time, 60-day or longer substance abuse program,
12educational program, behavior modification program, life
13skills course, or re-entry planning provided by the county
14department of corrections or county jail. Calculation of this
15county program credit shall be done at sentencing as provided
16in Section 5-4.5-100 of this Code and shall be included in the
17sentencing order. However, no inmate shall be eligible for the
18additional sentence credit under this paragraph (4) or (4.1) of
19this subsection (a) while assigned to a boot camp or electronic
20detention.
21    Educational, vocational, substance abuse, behavior
22modification programs, life skills courses, re-entry planning,
23and correctional industry programs under which sentence credit
24may be increased under this paragraph (4) and paragraph (4.1)
25of this subsection (a) shall be evaluated by the Department on
26the basis of documented standards. The Department shall report

 

 

10000SB1607ham002- 119 -LRB100 11093 RLC 30479 a

1the results of these evaluations to the Governor and the
2General Assembly by September 30th of each year. The reports
3shall include data relating to the recidivism rate among
4program participants.
5    Availability of these programs shall be subject to the
6limits of fiscal resources appropriated by the General Assembly
7for these purposes. Eligible inmates who are denied immediate
8admission shall be placed on a waiting list under criteria
9established by the Department. The inability of any inmate to
10become engaged in any such programs by reason of insufficient
11program resources or for any other reason established under the
12rules and regulations of the Department shall not be deemed a
13cause of action under which the Department or any employee or
14agent of the Department shall be liable for damages to the
15inmate.
16    (4.1) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations shall also provide
18that an additional 90 days of sentence credit shall be awarded
19to any prisoner who passes high school equivalency testing
20while the prisoner is committed to the Department of
21Corrections. The sentence credit awarded under this paragraph
22(4.1) shall be in addition to, and shall not affect, the award
23of sentence credit under any other paragraph of this Section,
24but shall also be pursuant to the guidelines and restrictions
25set forth in paragraph (4) of subsection (a) of this Section.
26The sentence credit provided for in this paragraph shall be

 

 

10000SB1607ham002- 120 -LRB100 11093 RLC 30479 a

1available only to those prisoners who have not previously
2earned a high school diploma or a high school equivalency
3certificate. If, after an award of the high school equivalency
4testing sentence credit has been made, the Department
5determines that the prisoner was not eligible, then the award
6shall be revoked. The Department may also award 90 days of
7sentence credit to any committed person who passed high school
8equivalency testing while he or she was held in pre-trial
9detention prior to the current commitment to the Department of
10Corrections.
11    (4.5) The rules and regulations on sentence credit shall
12also provide that when the court's sentencing order recommends
13a prisoner for substance abuse treatment and the crime was
14committed on or after September 1, 2003 (the effective date of
15Public Act 93-354), the prisoner shall receive no sentence
16credit awarded under clause (3) of this subsection (a) unless
17he or she participates in and completes a substance abuse
18treatment program. The Director may waive the requirement to
19participate in or complete a substance abuse treatment program
20in specific instances if the prisoner is not a good candidate
21for a substance abuse treatment program for medical,
22programming, or operational reasons. Availability of substance
23abuse treatment shall be subject to the limits of fiscal
24resources appropriated by the General Assembly for these
25purposes. If treatment is not available and the requirement to
26participate and complete the treatment has not been waived by

 

 

10000SB1607ham002- 121 -LRB100 11093 RLC 30479 a

1the Director, the prisoner shall be placed on a waiting list
2under criteria established by the Department. The Director may
3allow a prisoner placed on a waiting list to participate in and
4complete a substance abuse education class or attend substance
5abuse self-help meetings in lieu of a substance abuse treatment
6program. A prisoner on a waiting list who is not placed in a
7substance abuse program prior to release may be eligible for a
8waiver and receive sentence credit under clause (3) of this
9subsection (a) at the discretion of the Director.
10    (4.6) The rules and regulations on sentence credit shall
11also provide that a prisoner who has been convicted of a sex
12offense as defined in Section 2 of the Sex Offender
13Registration Act shall receive no sentence credit unless he or
14she either has successfully completed or is participating in
15sex offender treatment as defined by the Sex Offender
16Management Board. However, prisoners who are waiting to receive
17treatment, but who are unable to do so due solely to the lack
18of resources on the part of the Department, may, at the
19Director's sole discretion, be awarded sentence credit at a
20rate as the Director shall determine.
21    (4.7) On or after the effective date of this amendatory Act
22of the 100th General Assembly, sentence credit under paragraph
23(3), (4), or (4.1) of this subsection (a) may be awarded to a
24prisoner who is serving a sentence for an offense described in
25paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
26on or after the effective date of this amendatory Act of the

 

 

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1100th General Assembly; provided, the award of the credits
2under this paragraph (4.7) shall not reduce the sentence of the
3prisoner to less than the following amounts:
4        (i) 85% of his or her sentence if the prisoner is
5    required to serve 85% of his or her sentence; or
6        (ii) 60% of his or her sentence if the prisoner is
7    required to serve 75% of his or her sentence, except if the
8    prisoner is serving a sentence for gunrunning his or her
9    sentence shall not be reduced to less than 75%.
10    This paragraph (4.7) shall not apply to a prisoner serving
11a sentence for an offense described in subparagraph (i) of
12paragraph (2) of this subsection (a).
13    (5) Whenever the Department is to release any inmate
14earlier than it otherwise would because of a grant of earned
15sentence credit under paragraph (3) of subsection (a) of this
16Section given at any time during the term, the Department shall
17give reasonable notice of the impending release not less than
1814 days prior to the date of the release to the State's
19Attorney of the county where the prosecution of the inmate took
20place, and if applicable, the State's Attorney of the county
21into which the inmate will be released. The Department must
22also make identification information and a recent photo of the
23inmate being released accessible on the Internet by means of a
24hyperlink labeled "Community Notification of Inmate Early
25Release" on the Department's World Wide Web homepage. The
26identification information shall include the inmate's: name,

 

 

10000SB1607ham002- 123 -LRB100 11093 RLC 30479 a

1any known alias, date of birth, physical characteristics,
2commitment offense and county where conviction was imposed. The
3identification information shall be placed on the website
4within 3 days of the inmate's release and the information may
5not be removed until either: completion of the first year of
6mandatory supervised release or return of the inmate to custody
7of the Department.
8    (b) Whenever a person is or has been committed under
9several convictions, with separate sentences, the sentences
10shall be construed under Section 5-8-4 in granting and
11forfeiting of sentence credit.
12    (c) The Department shall prescribe rules and regulations
13for revoking sentence credit, including revoking sentence
14credit awarded under paragraph (3) of subsection (a) of this
15Section. The Department shall prescribe rules and regulations
16for suspending or reducing the rate of accumulation of sentence
17credit for specific rule violations, during imprisonment.
18These rules and regulations shall provide that no inmate may be
19penalized more than one year of sentence credit for any one
20infraction.
21    When the Department seeks to revoke, suspend or reduce the
22rate of accumulation of any sentence credits for an alleged
23infraction of its rules, it shall bring charges therefor
24against the prisoner sought to be so deprived of sentence
25credits before the Prisoner Review Board as provided in
26subparagraph (a)(4) of Section 3-3-2 of this Code, if the

 

 

10000SB1607ham002- 124 -LRB100 11093 RLC 30479 a

1amount of credit at issue exceeds 30 days or when during any 12
2month period, the cumulative amount of credit revoked exceeds
330 days except where the infraction is committed or discovered
4within 60 days of scheduled release. In those cases, the
5Department of Corrections may revoke up to 30 days of sentence
6credit. The Board may subsequently approve the revocation of
7additional sentence credit, if the Department seeks to revoke
8sentence credit in excess of 30 days. However, the Board shall
9not be empowered to review the Department's decision with
10respect to the loss of 30 days of sentence credit within any
11calendar year for any prisoner or to increase any penalty
12beyond the length requested by the Department.
13    The Director of the Department of Corrections, in
14appropriate cases, may restore up to 30 days of sentence
15credits which have been revoked, suspended or reduced. Any
16restoration of sentence credits in excess of 30 days shall be
17subject to review by the Prisoner Review Board. However, the
18Board may not restore sentence credit in excess of the amount
19requested by the Director.
20    Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of sentence credit.
25    (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of Corrections,

 

 

10000SB1607ham002- 125 -LRB100 11093 RLC 30479 a

1or the Prisoner Review Board, or against any of their officers
2or employees, and the court makes a specific finding that a
3pleading, motion, or other paper filed by the prisoner is
4frivolous, the Department of Corrections shall conduct a
5hearing to revoke up to 180 days of sentence credit by bringing
6charges against the prisoner sought to be deprived of the
7sentence credits before the Prisoner Review Board as provided
8in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
9prisoner has not accumulated 180 days of sentence credit at the
10time of the finding, then the Prisoner Review Board may revoke
11all sentence credit accumulated by the prisoner.
12    For purposes of this subsection (d):
13        (1) "Frivolous" means that a pleading, motion, or other
14    filing which purports to be a legal document filed by a
15    prisoner in his or her lawsuit meets any or all of the
16    following criteria:
17            (A) it lacks an arguable basis either in law or in
18        fact;
19            (B) it is being presented for any improper purpose,
20        such as to harass or to cause unnecessary delay or
21        needless increase in the cost of litigation;
22            (C) the claims, defenses, and other legal
23        contentions therein are not warranted by existing law
24        or by a nonfrivolous argument for the extension,
25        modification, or reversal of existing law or the
26        establishment of new law;

 

 

10000SB1607ham002- 126 -LRB100 11093 RLC 30479 a

1            (D) the allegations and other factual contentions
2        do not have evidentiary support or, if specifically so
3        identified, are not likely to have evidentiary support
4        after a reasonable opportunity for further
5        investigation or discovery; or
6            (E) the denials of factual contentions are not
7        warranted on the evidence, or if specifically so
8        identified, are not reasonably based on a lack of
9        information or belief.
10        (2) "Lawsuit" means a motion pursuant to Section 116-3
11    of the Code of Criminal Procedure of 1963, a habeas corpus
12    action under Article X of the Code of Civil Procedure or
13    under federal law (28 U.S.C. 2254), a petition for claim
14    under the Court of Claims Act, an action under the federal
15    Civil Rights Act (42 U.S.C. 1983), or a second or
16    subsequent petition for post-conviction relief under
17    Article 122 of the Code of Criminal Procedure of 1963
18    whether filed with or without leave of court or a second or
19    subsequent petition for relief from judgment under Section
20    2-1401 of the Code of Civil Procedure.
21    (e) Nothing in Public Act 90-592 or 90-593 affects the
22validity of Public Act 89-404.
23    (f) Whenever the Department is to release any inmate who
24has been convicted of a violation of an order of protection
25under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
26the Criminal Code of 2012, earlier than it otherwise would

 

 

10000SB1607ham002- 127 -LRB100 11093 RLC 30479 a

1because of a grant of sentence credit, the Department, as a
2condition of release, shall require that the person, upon
3release, be placed under electronic surveillance as provided in
4Section 5-8A-7 of this Code.
5(Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642,
6eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18.)
 
7    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
8    (Text of Section before amendment by P.A. 99-938)
9    Sec. 5-5-3. Disposition.
10    (a) (Blank).
11    (b) (Blank).
12    (c) (1) (Blank).
13    (2) A period of probation, a term of periodic imprisonment
14or conditional discharge shall not be imposed for the following
15offenses. The court shall sentence the offender to not less
16than the minimum term of imprisonment set forth in this Code
17for the following offenses, and may order a fine or restitution
18or both in conjunction with such term of imprisonment:
19        (A) First degree murder where the death penalty is not
20    imposed.
21        (B) Attempted first degree murder.
22        (C) A Class X felony.
23        (D) A violation of Section 401.1 or 407 of the Illinois
24    Controlled Substances Act, or a violation of subdivision
25    (c)(1.5) or (c)(2) of Section 401 of that Act which relates

 

 

10000SB1607ham002- 128 -LRB100 11093 RLC 30479 a

1    to more than 5 grams of a substance containing cocaine,
2    fentanyl, or an analog thereof.
3        (D-5) A violation of subdivision (c)(1) of Section 401
4    of the Illinois Controlled Substances Act which relates to
5    3 or more grams of a substance containing heroin or an
6    analog thereof.
7        (E) A violation of Section 5.1 or 9 of the Cannabis
8    Control Act.
9        (F) A Class 2 or greater felony if the offender had
10    been convicted of a Class 2 or greater felony, including
11    any state or federal conviction for an offense that
12    contained, at the time it was committed, the same elements
13    as an offense now (the date of the offense committed after
14    the prior Class 2 or greater felony) classified as a Class
15    2 or greater felony, within 10 years of the date on which
16    the offender committed the offense for which he or she is
17    being sentenced, except as otherwise provided in Section
18    40-10 of the Alcoholism and Other Drug Abuse and Dependency
19    Act.
20        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
21    the Criminal Code of 1961 or the Criminal Code of 2012 for
22    which imprisonment is prescribed in those Sections.
23        (G) Residential burglary, except as otherwise provided
24    in Section 40-10 of the Alcoholism and Other Drug Abuse and
25    Dependency Act.
26        (H) Criminal sexual assault.

 

 

10000SB1607ham002- 129 -LRB100 11093 RLC 30479 a

1        (I) Aggravated battery of a senior citizen as described
2    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
3    of the Criminal Code of 1961 or the Criminal Code of 2012.
4        (J) A forcible felony if the offense was related to the
5    activities of an organized gang.
6        Before July 1, 1994, for the purposes of this
7    paragraph, "organized gang" means an association of 5 or
8    more persons, with an established hierarchy, that
9    encourages members of the association to perpetrate crimes
10    or provides support to the members of the association who
11    do commit crimes.
12        Beginning July 1, 1994, for the purposes of this
13    paragraph, "organized gang" has the meaning ascribed to it
14    in Section 10 of the Illinois Streetgang Terrorism Omnibus
15    Prevention Act.
16        (K) Vehicular hijacking.
17        (L) A second or subsequent conviction for the offense
18    of hate crime when the underlying offense upon which the
19    hate crime is based is felony aggravated assault or felony
20    mob action.
21        (M) A second or subsequent conviction for the offense
22    of institutional vandalism if the damage to the property
23    exceeds $300.
24        (N) A Class 3 felony violation of paragraph (1) of
25    subsection (a) of Section 2 of the Firearm Owners
26    Identification Card Act.

 

 

10000SB1607ham002- 130 -LRB100 11093 RLC 30479 a

1        (O) A violation of Section 12-6.1 or 12-6.5 of the
2    Criminal Code of 1961 or the Criminal Code of 2012.
3        (P) A violation of paragraph (1), (2), (3), (4), (5),
4    or (7) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) A second or subsequent violation of the
13    Methamphetamine Control and Community Protection Act.
14        (U) A second or subsequent violation of Section 6-303
15    of the Illinois Vehicle Code committed while his or her
16    driver's license, permit, or privilege was revoked because
17    of a violation of Section 9-3 of the Criminal Code of 1961
18    or the Criminal Code of 2012, relating to the offense of
19    reckless homicide, or a similar provision of a law of
20    another state.
21        (V) A violation of paragraph (4) of subsection (c) of
22    Section 11-20.1B or paragraph (4) of subsection (c) of
23    Section 11-20.3 of the Criminal Code of 1961, or paragraph
24    (6) of subsection (a) of Section 11-20.1 of the Criminal
25    Code of 2012 when the victim is under 13 years of age and
26    the defendant has previously been convicted under the laws

 

 

10000SB1607ham002- 131 -LRB100 11093 RLC 30479 a

1    of this State or any other state of the offense of child
2    pornography, aggravated child pornography, aggravated
3    criminal sexual abuse, aggravated criminal sexual assault,
4    predatory criminal sexual assault of a child, or any of the
5    offenses formerly known as rape, deviate sexual assault,
6    indecent liberties with a child, or aggravated indecent
7    liberties with a child where the victim was under the age
8    of 18 years or an offense that is substantially equivalent
9    to those offenses.
10        (W) A violation of Section 24-3.5 of the Criminal Code
11    of 1961 or the Criminal Code of 2012.
12        (X) A violation of subsection (a) of Section 31-1a of
13    the Criminal Code of 1961 or the Criminal Code of 2012.
14        (Y) A conviction for unlawful possession of a firearm
15    by a street gang member when the firearm was loaded or
16    contained firearm ammunition.
17        (Z) A Class 1 felony committed while he or she was
18    serving a term of probation or conditional discharge for a
19    felony.
20        (AA) Theft of property exceeding $500,000 and not
21    exceeding $1,000,000 in value.
22        (BB) Laundering of criminally derived property of a
23    value exceeding $500,000.
24        (CC) Knowingly selling, offering for sale, holding for
25    sale, or using 2,000 or more counterfeit items or
26    counterfeit items having a retail value in the aggregate of

 

 

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1    $500,000 or more.
2        (DD) A conviction for aggravated assault under
3    paragraph (6) of subsection (c) of Section 12-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 if the
5    firearm is aimed toward the person against whom the firearm
6    is being used.
7        (EE) A conviction for a violation of paragraph (2) of
8    subsection (a) of Section 24-3B of the Criminal Code of
9    2012.
10    (3) (Blank).
11    (4) A minimum term of imprisonment of not less than 10
12consecutive days or 30 days of community service shall be
13imposed for a violation of paragraph (c) of Section 6-303 of
14the Illinois Vehicle Code.
15    (4.1) (Blank).
16    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
17this subsection (c), a minimum of 100 hours of community
18service shall be imposed for a second violation of Section
196-303 of the Illinois Vehicle Code.
20    (4.3) A minimum term of imprisonment of 30 days or 300
21hours of community service, as determined by the court, shall
22be imposed for a second violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.4) Except as provided in paragraphs (4.5), (4.6), and
25(4.9) of this subsection (c), a minimum term of imprisonment of
2630 days or 300 hours of community service, as determined by the

 

 

10000SB1607ham002- 133 -LRB100 11093 RLC 30479 a

1court, shall be imposed for a third or subsequent violation of
2Section 6-303 of the Illinois Vehicle Code. The court may give
3credit toward the fulfillment of community service hours for
4participation in activities and treatment as determined by
5court services.
6    (4.5) A minimum term of imprisonment of 30 days shall be
7imposed for a third violation of subsection (c) of Section
86-303 of the Illinois Vehicle Code.
9    (4.6) Except as provided in paragraph (4.10) of this
10subsection (c), a minimum term of imprisonment of 180 days
11shall be imposed for a fourth or subsequent violation of
12subsection (c) of Section 6-303 of the Illinois Vehicle Code.
13    (4.7) A minimum term of imprisonment of not less than 30
14consecutive days, or 300 hours of community service, shall be
15imposed for a violation of subsection (a-5) of Section 6-303 of
16the Illinois Vehicle Code, as provided in subsection (b-5) of
17that Section.
18    (4.8) A mandatory prison sentence shall be imposed for a
19second violation of subsection (a-5) of Section 6-303 of the
20Illinois Vehicle Code, as provided in subsection (c-5) of that
21Section. The person's driving privileges shall be revoked for a
22period of not less than 5 years from the date of his or her
23release from prison.
24    (4.9) A mandatory prison sentence of not less than 4 and
25not more than 15 years shall be imposed for a third violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

10000SB1607ham002- 134 -LRB100 11093 RLC 30479 a

1Code, as provided in subsection (d-2.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (4.10) A mandatory prison sentence for a Class 1 felony
5shall be imposed, and the person shall be eligible for an
6extended term sentence, for a fourth or subsequent violation of
7subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
8as provided in subsection (d-3.5) of that Section. The person's
9driving privileges shall be revoked for the remainder of his or
10her life.
11    (5) The court may sentence a corporation or unincorporated
12association convicted of any offense to:
13        (A) a period of conditional discharge;
14        (B) a fine;
15        (C) make restitution to the victim under Section 5-5-6
16    of this Code.
17    (5.1) In addition to any other penalties imposed, and
18except as provided in paragraph (5.2) or (5.3), a person
19convicted of violating subsection (c) of Section 11-907 of the
20Illinois Vehicle Code shall have his or her driver's license,
21permit, or privileges suspended for at least 90 days but not
22more than one year, if the violation resulted in damage to the
23property of another person.
24    (5.2) In addition to any other penalties imposed, and
25except as provided in paragraph (5.3), a person convicted of
26violating subsection (c) of Section 11-907 of the Illinois

 

 

10000SB1607ham002- 135 -LRB100 11093 RLC 30479 a

1Vehicle Code shall have his or her driver's license, permit, or
2privileges suspended for at least 180 days but not more than 2
3years, if the violation resulted in injury to another person.
4    (5.3) In addition to any other penalties imposed, a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for 2 years, if the violation
8resulted in the death of another person.
9    (5.4) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code shall have his or her driver's license, permit, or
12privileges suspended for 3 months and until he or she has paid
13a reinstatement fee of $100.
14    (5.5) In addition to any other penalties imposed, a person
15convicted of violating Section 3-707 of the Illinois Vehicle
16Code during a period in which his or her driver's license,
17permit, or privileges were suspended for a previous violation
18of that Section shall have his or her driver's license, permit,
19or privileges suspended for an additional 6 months after the
20expiration of the original 3-month suspension and until he or
21she has paid a reinstatement fee of $100.
22    (6) (Blank).
23    (7) (Blank).
24    (8) (Blank).
25    (9) A defendant convicted of a second or subsequent offense
26of ritualized abuse of a child may be sentenced to a term of

 

 

10000SB1607ham002- 136 -LRB100 11093 RLC 30479 a

1natural life imprisonment.
2    (10) (Blank).
3    (11) The court shall impose a minimum fine of $1,000 for a
4first offense and $2,000 for a second or subsequent offense
5upon a person convicted of or placed on supervision for battery
6when the individual harmed was a sports official or coach at
7any level of competition and the act causing harm to the sports
8official or coach occurred within an athletic facility or
9within the immediate vicinity of the athletic facility at which
10the sports official or coach was an active participant of the
11athletic contest held at the athletic facility. For the
12purposes of this paragraph (11), "sports official" means a
13person at an athletic contest who enforces the rules of the
14contest, such as an umpire or referee; "athletic facility"
15means an indoor or outdoor playing field or recreational area
16where sports activities are conducted; and "coach" means a
17person recognized as a coach by the sanctioning authority that
18conducted the sporting event.
19    (12) A person may not receive a disposition of court
20supervision for a violation of Section 5-16 of the Boat
21Registration and Safety Act if that person has previously
22received a disposition of court supervision for a violation of
23that Section.
24    (13) A person convicted of or placed on court supervision
25for an assault or aggravated assault when the victim and the
26offender are family or household members as defined in Section

 

 

10000SB1607ham002- 137 -LRB100 11093 RLC 30479 a

1103 of the Illinois Domestic Violence Act of 1986 or convicted
2of domestic battery or aggravated domestic battery may be
3required to attend a Partner Abuse Intervention Program under
4protocols set forth by the Illinois Department of Human
5Services under such terms and conditions imposed by the court.
6The costs of such classes shall be paid by the offender.
7    (d) In any case in which a sentence originally imposed is
8vacated, the case shall be remanded to the trial court. The
9trial court shall hold a hearing under Section 5-4-1 of the
10Unified Code of Corrections which may include evidence of the
11defendant's life, moral character and occupation during the
12time since the original sentence was passed. The trial court
13shall then impose sentence upon the defendant. The trial court
14may impose any sentence which could have been imposed at the
15original trial subject to Section 5-5-4 of the Unified Code of
16Corrections. If a sentence is vacated on appeal or on
17collateral attack due to the failure of the trier of fact at
18trial to determine beyond a reasonable doubt the existence of a
19fact (other than a prior conviction) necessary to increase the
20punishment for the offense beyond the statutory maximum
21otherwise applicable, either the defendant may be re-sentenced
22to a term within the range otherwise provided or, if the State
23files notice of its intention to again seek the extended
24sentence, the defendant shall be afforded a new trial.
25    (e) In cases where prosecution for aggravated criminal
26sexual abuse under Section 11-1.60 or 12-16 of the Criminal

 

 

10000SB1607ham002- 138 -LRB100 11093 RLC 30479 a

1Code of 1961 or the Criminal Code of 2012 results in conviction
2of a defendant who was a family member of the victim at the
3time of the commission of the offense, the court shall consider
4the safety and welfare of the victim and may impose a sentence
5of probation only where:
6        (1) the court finds (A) or (B) or both are appropriate:
7            (A) the defendant is willing to undergo a court
8        approved counseling program for a minimum duration of 2
9        years; or
10            (B) the defendant is willing to participate in a
11        court approved plan including but not limited to the
12        defendant's:
13                (i) removal from the household;
14                (ii) restricted contact with the victim;
15                (iii) continued financial support of the
16            family;
17                (iv) restitution for harm done to the victim;
18            and
19                (v) compliance with any other measures that
20            the court may deem appropriate; and
21        (2) the court orders the defendant to pay for the
22    victim's counseling services, to the extent that the court
23    finds, after considering the defendant's income and
24    assets, that the defendant is financially capable of paying
25    for such services, if the victim was under 18 years of age
26    at the time the offense was committed and requires

 

 

10000SB1607ham002- 139 -LRB100 11093 RLC 30479 a

1    counseling as a result of the offense.
2    Probation may be revoked or modified pursuant to Section
35-6-4; except where the court determines at the hearing that
4the defendant violated a condition of his or her probation
5restricting contact with the victim or other family members or
6commits another offense with the victim or other family
7members, the court shall revoke the defendant's probation and
8impose a term of imprisonment.
9    For the purposes of this Section, "family member" and
10"victim" shall have the meanings ascribed to them in Section
1111-0.1 of the Criminal Code of 2012.
12    (f) (Blank).
13    (g) Whenever a defendant is convicted of an offense under
14Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1511-14.3, 11-14.4 except for an offense that involves keeping a
16place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1711-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1812-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
19Criminal Code of 2012, the defendant shall undergo medical
20testing to determine whether the defendant has any sexually
21transmissible disease, including a test for infection with
22human immunodeficiency virus (HIV) or any other identified
23causative agent of acquired immunodeficiency syndrome (AIDS).
24Any such medical test shall be performed only by appropriately
25licensed medical practitioners and may include an analysis of
26any bodily fluids as well as an examination of the defendant's

 

 

10000SB1607ham002- 140 -LRB100 11093 RLC 30479 a

1person. Except as otherwise provided by law, the results of
2such test shall be kept strictly confidential by all medical
3personnel involved in the testing and must be personally
4delivered in a sealed envelope to the judge of the court in
5which the conviction was entered for the judge's inspection in
6camera. Acting in accordance with the best interests of the
7victim and the public, the judge shall have the discretion to
8determine to whom, if anyone, the results of the testing may be
9revealed. The court shall notify the defendant of the test
10results. The court shall also notify the victim if requested by
11the victim, and if the victim is under the age of 15 and if
12requested by the victim's parents or legal guardian, the court
13shall notify the victim's parents or legal guardian of the test
14results. The court shall provide information on the
15availability of HIV testing and counseling at Department of
16Public Health facilities to all parties to whom the results of
17the testing are revealed and shall direct the State's Attorney
18to provide the information to the victim when possible. A
19State's Attorney may petition the court to obtain the results
20of any HIV test administered under this Section, and the court
21shall grant the disclosure if the State's Attorney shows it is
22relevant in order to prosecute a charge of criminal
23transmission of HIV under Section 12-5.01 or 12-16.2 of the
24Criminal Code of 1961 or the Criminal Code of 2012 against the
25defendant. The court shall order that the cost of any such test
26shall be paid by the county and may be taxed as costs against

 

 

10000SB1607ham002- 141 -LRB100 11093 RLC 30479 a

1the convicted defendant.
2    (g-5) When an inmate is tested for an airborne communicable
3disease, as determined by the Illinois Department of Public
4Health including but not limited to tuberculosis, the results
5of the test shall be personally delivered by the warden or his
6or her designee in a sealed envelope to the judge of the court
7in which the inmate must appear for the judge's inspection in
8camera if requested by the judge. Acting in accordance with the
9best interests of those in the courtroom, the judge shall have
10the discretion to determine what if any precautions need to be
11taken to prevent transmission of the disease in the courtroom.
12    (h) Whenever a defendant is convicted of an offense under
13Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
14defendant shall undergo medical testing to determine whether
15the defendant has been exposed to human immunodeficiency virus
16(HIV) or any other identified causative agent of acquired
17immunodeficiency syndrome (AIDS). Except as otherwise provided
18by law, the results of such test shall be kept strictly
19confidential by all medical personnel involved in the testing
20and must be personally delivered in a sealed envelope to the
21judge of the court in which the conviction was entered for the
22judge's inspection in camera. Acting in accordance with the
23best interests of the public, the judge shall have the
24discretion to determine to whom, if anyone, the results of the
25testing may be revealed. The court shall notify the defendant
26of a positive test showing an infection with the human

 

 

10000SB1607ham002- 142 -LRB100 11093 RLC 30479 a

1immunodeficiency virus (HIV). The court shall provide
2information on the availability of HIV testing and counseling
3at Department of Public Health facilities to all parties to
4whom the results of the testing are revealed and shall direct
5the State's Attorney to provide the information to the victim
6when possible. A State's Attorney may petition the court to
7obtain the results of any HIV test administered under this
8Section, and the court shall grant the disclosure if the
9State's Attorney shows it is relevant in order to prosecute a
10charge of criminal transmission of HIV under Section 12-5.01 or
1112-16.2 of the Criminal Code of 1961 or the Criminal Code of
122012 against the defendant. The court shall order that the cost
13of any such test shall be paid by the county and may be taxed as
14costs against the convicted defendant.
15    (i) All fines and penalties imposed under this Section for
16any violation of Chapters 3, 4, 6, and 11 of the Illinois
17Vehicle Code, or a similar provision of a local ordinance, and
18any violation of the Child Passenger Protection Act, or a
19similar provision of a local ordinance, shall be collected and
20disbursed by the circuit clerk as provided under Section 27.5
21of the Clerks of Courts Act.
22    (j) In cases when prosecution for any violation of Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

 

 

10000SB1607ham002- 143 -LRB100 11093 RLC 30479 a

112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
2Code of 2012, any violation of the Illinois Controlled
3Substances Act, any violation of the Cannabis Control Act, or
4any violation of the Methamphetamine Control and Community
5Protection Act results in conviction, a disposition of court
6supervision, or an order of probation granted under Section 10
7of the Cannabis Control Act, Section 410 of the Illinois
8Controlled Substances Act, or Section 70 of the Methamphetamine
9Control and Community Protection Act of a defendant, the court
10shall determine whether the defendant is employed by a facility
11or center as defined under the Child Care Act of 1969, a public
12or private elementary or secondary school, or otherwise works
13with children under 18 years of age on a daily basis. When a
14defendant is so employed, the court shall order the Clerk of
15the Court to send a copy of the judgment of conviction or order
16of supervision or probation to the defendant's employer by
17certified mail. If the employer of the defendant is a school,
18the Clerk of the Court shall direct the mailing of a copy of
19the judgment of conviction or order of supervision or probation
20to the appropriate regional superintendent of schools. The
21regional superintendent of schools shall notify the State Board
22of Education of any notification under this subsection.
23    (j-5) A defendant at least 17 years of age who is convicted
24of a felony and who has not been previously convicted of a
25misdemeanor or felony and who is sentenced to a term of
26imprisonment in the Illinois Department of Corrections shall as

 

 

10000SB1607ham002- 144 -LRB100 11093 RLC 30479 a

1a condition of his or her sentence be required by the court to
2attend educational courses designed to prepare the defendant
3for a high school diploma and to work toward a high school
4diploma or to work toward passing high school equivalency
5testing or to work toward completing a vocational training
6program offered by the Department of Corrections. If a
7defendant fails to complete the educational training required
8by his or her sentence during the term of incarceration, the
9Prisoner Review Board shall, as a condition of mandatory
10supervised release, require the defendant, at his or her own
11expense, to pursue a course of study toward a high school
12diploma or passage of high school equivalency testing. The
13Prisoner Review Board shall revoke the mandatory supervised
14release of a defendant who wilfully fails to comply with this
15subsection (j-5) upon his or her release from confinement in a
16penal institution while serving a mandatory supervised release
17term; however, the inability of the defendant after making a
18good faith effort to obtain financial aid or pay for the
19educational training shall not be deemed a wilful failure to
20comply. The Prisoner Review Board shall recommit the defendant
21whose mandatory supervised release term has been revoked under
22this subsection (j-5) as provided in Section 3-3-9. This
23subsection (j-5) does not apply to a defendant who has a high
24school diploma or has successfully passed high school
25equivalency testing. This subsection (j-5) does not apply to a
26defendant who is determined by the court to be a person with a

 

 

10000SB1607ham002- 145 -LRB100 11093 RLC 30479 a

1developmental disability or otherwise mentally incapable of
2completing the educational or vocational program.
3    (k) (Blank).
4    (l) (A) Except as provided in paragraph (C) of subsection
5(l), whenever a defendant, who is an alien as defined by the
6Immigration and Nationality Act, is convicted of any felony or
7misdemeanor offense, the court after sentencing the defendant
8may, upon motion of the State's Attorney, hold sentence in
9abeyance and remand the defendant to the custody of the
10Attorney General of the United States or his or her designated
11agent to be deported when:
12        (1) a final order of deportation has been issued
13    against the defendant pursuant to proceedings under the
14    Immigration and Nationality Act, and
15        (2) the deportation of the defendant would not
16    deprecate the seriousness of the defendant's conduct and
17    would not be inconsistent with the ends of justice.
18    Otherwise, the defendant shall be sentenced as provided in
19this Chapter V.
20    (B) If the defendant has already been sentenced for a
21felony or misdemeanor offense, or has been placed on probation
22under Section 10 of the Cannabis Control Act, Section 410 of
23the Illinois Controlled Substances Act, or Section 70 of the
24Methamphetamine Control and Community Protection Act, the
25court may, upon motion of the State's Attorney to suspend the
26sentence imposed, commit the defendant to the custody of the

 

 

10000SB1607ham002- 146 -LRB100 11093 RLC 30479 a

1Attorney General of the United States or his or her designated
2agent when:
3        (1) a final order of deportation has been issued
4    against the defendant pursuant to proceedings under the
5    Immigration and Nationality Act, and
6        (2) the deportation of the defendant would not
7    deprecate the seriousness of the defendant's conduct and
8    would not be inconsistent with the ends of justice.
9    (C) This subsection (l) does not apply to offenders who are
10subject to the provisions of paragraph (2) of subsection (a) of
11Section 3-6-3.
12    (D) Upon motion of the State's Attorney, if a defendant
13sentenced under this Section returns to the jurisdiction of the
14United States, the defendant shall be recommitted to the
15custody of the county from which he or she was sentenced.
16Thereafter, the defendant shall be brought before the
17sentencing court, which may impose any sentence that was
18available under Section 5-5-3 at the time of initial
19sentencing. In addition, the defendant shall not be eligible
20for additional sentence credit for good conduct as provided
21under Section 3-6-3.
22    (m) A person convicted of criminal defacement of property
23under Section 21-1.3 of the Criminal Code of 1961 or the
24Criminal Code of 2012, in which the property damage exceeds
25$300 and the property damaged is a school building, shall be
26ordered to perform community service that may include cleanup,

 

 

10000SB1607ham002- 147 -LRB100 11093 RLC 30479 a

1removal, or painting over the defacement.
2    (n) The court may sentence a person convicted of a
3violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
4subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
5of 1961 or the Criminal Code of 2012 (i) to an impact
6incarceration program if the person is otherwise eligible for
7that program under Section 5-8-1.1, (ii) to community service,
8or (iii) if the person is an addict or alcoholic, as defined in
9the Alcoholism and Other Drug Abuse and Dependency Act, to a
10substance or alcohol abuse program licensed under that Act.
11    (o) Whenever a person is convicted of a sex offense as
12defined in Section 2 of the Sex Offender Registration Act, the
13defendant's driver's license or permit shall be subject to
14renewal on an annual basis in accordance with the provisions of
15license renewal established by the Secretary of State.
16(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1799-143, eff. 7-27-15; 99-885, eff. 8-23-16.)
 
18    (Text of Section after amendment by P.A. 99-938)
19    Sec. 5-5-3. Disposition.
20    (a) (Blank).
21    (b) (Blank).
22    (c) (1) (Blank).
23    (2) A period of probation, a term of periodic imprisonment
24or conditional discharge shall not be imposed for the following
25offenses. The court shall sentence the offender to not less

 

 

10000SB1607ham002- 148 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 149 -LRB100 11093 RLC 30479 a

1    40-10 of the Alcoholism and Other Drug Abuse and Dependency
2    Act.
3        (F-3) A Class 2 or greater felony sex offense or felony
4    firearm offense if the offender had been convicted of a
5    Class 2 or greater felony, including any state or federal
6    conviction for an offense that contained, at the time it
7    was committed, the same elements as an offense now (the
8    date of the offense committed after the prior Class 2 or
9    greater felony) classified as a Class 2 or greater felony,
10    within 10 years of the date on which the offender committed
11    the offense for which he or she is being sentenced, except
12    as otherwise provided in Section 40-10 of the Alcoholism
13    and Other Drug Abuse and Dependency Act.
14        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
15    the Criminal Code of 1961 or the Criminal Code of 2012 for
16    which imprisonment is prescribed in those Sections.
17        (G) Residential burglary, except as otherwise provided
18    in Section 40-10 of the Alcoholism and Other Drug Abuse and
19    Dependency Act.
20        (H) Criminal sexual assault.
21        (I) Aggravated battery of a senior citizen as described
22    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
23    of the Criminal Code of 1961 or the Criminal Code of 2012.
24        (J) A forcible felony if the offense was related to the
25    activities of an organized gang.
26        Before July 1, 1994, for the purposes of this

 

 

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

 

 

10000SB1607ham002- 151 -LRB100 11093 RLC 30479 a

1    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
2    Code of 1961 or the Criminal Code of 2012.
3        (R) A violation of Section 24-3A of the Criminal Code
4    of 1961 or the Criminal Code of 2012.
5        (S) (Blank).
6        (T) (Blank).
7        (U) A second or subsequent violation of Section 6-303
8    of the Illinois Vehicle Code committed while his or her
9    driver's license, permit, or privilege was revoked because
10    of a violation of Section 9-3 of the Criminal Code of 1961
11    or the Criminal Code of 2012, relating to the offense of
12    reckless homicide, or a similar provision of a law of
13    another state.
14        (V) A violation of paragraph (4) of subsection (c) of
15    Section 11-20.1B or paragraph (4) of subsection (c) of
16    Section 11-20.3 of the Criminal Code of 1961, or paragraph
17    (6) of subsection (a) of Section 11-20.1 of the Criminal
18    Code of 2012 when the victim is under 13 years of age and
19    the defendant has previously been convicted under the laws
20    of this State or any other state of the offense of child
21    pornography, aggravated child pornography, aggravated
22    criminal sexual abuse, aggravated criminal sexual assault,
23    predatory criminal sexual assault of a child, or any of the
24    offenses formerly known as rape, deviate sexual assault,
25    indecent liberties with a child, or aggravated indecent
26    liberties with a child where the victim was under the age

 

 

10000SB1607ham002- 152 -LRB100 11093 RLC 30479 a

1    of 18 years or an offense that is substantially equivalent
2    to those offenses.
3        (W) A violation of Section 24-3.5 of the Criminal Code
4    of 1961 or the Criminal Code of 2012.
5        (X) A violation of subsection (a) of Section 31-1a of
6    the Criminal Code of 1961 or the Criminal Code of 2012.
7        (Y) A conviction for unlawful possession of a firearm
8    by a street gang member when the firearm was loaded or
9    contained firearm ammunition.
10        (Z) A Class 1 felony committed while he or she was
11    serving a term of probation or conditional discharge for a
12    felony.
13        (AA) Theft of property exceeding $500,000 and not
14    exceeding $1,000,000 in value.
15        (BB) Laundering of criminally derived property of a
16    value exceeding $500,000.
17        (CC) Knowingly selling, offering for sale, holding for
18    sale, or using 2,000 or more counterfeit items or
19    counterfeit items having a retail value in the aggregate of
20    $500,000 or more.
21        (DD) A conviction for aggravated assault under
22    paragraph (6) of subsection (c) of Section 12-2 of the
23    Criminal Code of 1961 or the Criminal Code of 2012 if the
24    firearm is aimed toward the person against whom the firearm
25    is being used.
26        (EE) A conviction for a violation of paragraph (2) of

 

 

10000SB1607ham002- 153 -LRB100 11093 RLC 30479 a

1    subsection (a) of Section 24-3B of the Criminal Code of
2    2012.
3    (3) (Blank).
4    (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17    (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment of
1930 days or 300 hours of community service, as determined by the
20court, shall be imposed for a third or subsequent violation of
21Section 6-303 of the Illinois Vehicle Code. The court may give
22credit toward the fulfillment of community service hours for
23participation in activities and treatment as determined by
24court services.
25    (4.5) A minimum term of imprisonment of 30 days shall be
26imposed for a third violation of subsection (c) of Section

 

 

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16-303 of the Illinois Vehicle Code.
2    (4.6) Except as provided in paragraph (4.10) of this
3subsection (c), a minimum term of imprisonment of 180 days
4shall be imposed for a fourth or subsequent violation of
5subsection (c) of Section 6-303 of the Illinois Vehicle Code.
6    (4.7) A minimum term of imprisonment of not less than 30
7consecutive days, or 300 hours of community service, shall be
8imposed for a violation of subsection (a-5) of Section 6-303 of
9the Illinois Vehicle Code, as provided in subsection (b-5) of
10that Section.
11    (4.8) A mandatory prison sentence shall be imposed for a
12second violation of subsection (a-5) of Section 6-303 of the
13Illinois Vehicle Code, as provided in subsection (c-5) of that
14Section. The person's driving privileges shall be revoked for a
15period of not less than 5 years from the date of his or her
16release from prison.
17    (4.9) A mandatory prison sentence of not less than 4 and
18not more than 15 years shall be imposed for a third violation
19of subsection (a-5) of Section 6-303 of the Illinois Vehicle
20Code, as provided in subsection (d-2.5) of that Section. The
21person's driving privileges shall be revoked for the remainder
22of his or her life.
23    (4.10) A mandatory prison sentence for a Class 1 felony
24shall be imposed, and the person shall be eligible for an
25extended term sentence, for a fourth or subsequent violation of
26subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

 

 

10000SB1607ham002- 155 -LRB100 11093 RLC 30479 a

1as provided in subsection (d-3.5) of that Section. The person's
2driving privileges shall be revoked for the remainder of his or
3her life.
4    (5) The court may sentence a corporation or unincorporated
5association convicted of any offense to:
6        (A) a period of conditional discharge;
7        (B) a fine;
8        (C) make restitution to the victim under Section 5-5-6
9    of this Code.
10    (5.1) In addition to any other penalties imposed, and
11except as provided in paragraph (5.2) or (5.3), a person
12convicted of violating subsection (c) of Section 11-907 of the
13Illinois Vehicle Code shall have his or her driver's license,
14permit, or privileges suspended for at least 90 days but not
15more than one year, if the violation resulted in damage to the
16property of another person.
17    (5.2) In addition to any other penalties imposed, and
18except as provided in paragraph (5.3), a person convicted of
19violating subsection (c) of Section 11-907 of the Illinois
20Vehicle Code shall have his or her driver's license, permit, or
21privileges suspended for at least 180 days but not more than 2
22years, if the violation resulted in injury to another person.
23    (5.3) In addition to any other penalties imposed, a person
24convicted of violating subsection (c) of Section 11-907 of the
25Illinois Vehicle Code shall have his or her driver's license,
26permit, or privileges suspended for 2 years, if the violation

 

 

10000SB1607ham002- 156 -LRB100 11093 RLC 30479 a

1resulted in the death of another person.
2    (5.4) In addition to any other penalties imposed, a person
3convicted of violating Section 3-707 of the Illinois Vehicle
4Code shall have his or her driver's license, permit, or
5privileges suspended for 3 months and until he or she has paid
6a reinstatement fee of $100.
7    (5.5) In addition to any other penalties imposed, a person
8convicted of violating Section 3-707 of the Illinois Vehicle
9Code during a period in which his or her driver's license,
10permit, or privileges were suspended for a previous violation
11of that Section shall have his or her driver's license, permit,
12or privileges suspended for an additional 6 months after the
13expiration of the original 3-month suspension and until he or
14she has paid a reinstatement fee of $100.
15    (6) (Blank).
16    (7) (Blank).
17    (8) (Blank).
18    (9) A defendant convicted of a second or subsequent offense
19of ritualized abuse of a child may be sentenced to a term of
20natural life imprisonment.
21    (10) (Blank).
22    (11) The court shall impose a minimum fine of $1,000 for a
23first offense and $2,000 for a second or subsequent offense
24upon a person convicted of or placed on supervision for battery
25when the individual harmed was a sports official or coach at
26any level of competition and the act causing harm to the sports

 

 

10000SB1607ham002- 157 -LRB100 11093 RLC 30479 a

1official or coach occurred within an athletic facility or
2within the immediate vicinity of the athletic facility at which
3the sports official or coach was an active participant of the
4athletic contest held at the athletic facility. For the
5purposes of this paragraph (11), "sports official" means a
6person at an athletic contest who enforces the rules of the
7contest, such as an umpire or referee; "athletic facility"
8means an indoor or outdoor playing field or recreational area
9where sports activities are conducted; and "coach" means a
10person recognized as a coach by the sanctioning authority that
11conducted the sporting event.
12    (12) A person may not receive a disposition of court
13supervision for a violation of Section 5-16 of the Boat
14Registration and Safety Act if that person has previously
15received a disposition of court supervision for a violation of
16that Section.
17    (13) A person convicted of or placed on court supervision
18for an assault or aggravated assault when the victim and the
19offender are family or household members as defined in Section
20103 of the Illinois Domestic Violence Act of 1986 or convicted
21of domestic battery or aggravated domestic battery may be
22required to attend a Partner Abuse Intervention Program under
23protocols set forth by the Illinois Department of Human
24Services under such terms and conditions imposed by the court.
25The costs of such classes shall be paid by the offender.
26    (d) In any case in which a sentence originally imposed is

 

 

10000SB1607ham002- 158 -LRB100 11093 RLC 30479 a

1vacated, the case shall be remanded to the trial court. The
2trial court shall hold a hearing under Section 5-4-1 of the
3Unified Code of Corrections which may include evidence of the
4defendant's life, moral character and occupation during the
5time since the original sentence was passed. The trial court
6shall then impose sentence upon the defendant. The trial court
7may impose any sentence which could have been imposed at the
8original trial subject to Section 5-5-4 of the Unified Code of
9Corrections. If a sentence is vacated on appeal or on
10collateral attack due to the failure of the trier of fact at
11trial to determine beyond a reasonable doubt the existence of a
12fact (other than a prior conviction) necessary to increase the
13punishment for the offense beyond the statutory maximum
14otherwise applicable, either the defendant may be re-sentenced
15to a term within the range otherwise provided or, if the State
16files notice of its intention to again seek the extended
17sentence, the defendant shall be afforded a new trial.
18    (e) In cases where prosecution for aggravated criminal
19sexual abuse under Section 11-1.60 or 12-16 of the Criminal
20Code of 1961 or the Criminal Code of 2012 results in conviction
21of a defendant who was a family member of the victim at the
22time of the commission of the offense, the court shall consider
23the safety and welfare of the victim and may impose a sentence
24of probation only where:
25        (1) the court finds (A) or (B) or both are appropriate:
26            (A) the defendant is willing to undergo a court

 

 

10000SB1607ham002- 159 -LRB100 11093 RLC 30479 a

1        approved counseling program for a minimum duration of 2
2        years; or
3            (B) the defendant is willing to participate in a
4        court approved plan including but not limited to the
5        defendant's:
6                (i) removal from the household;
7                (ii) restricted contact with the victim;
8                (iii) continued financial support of the
9            family;
10                (iv) restitution for harm done to the victim;
11            and
12                (v) compliance with any other measures that
13            the court may deem appropriate; and
14        (2) the court orders the defendant to pay for the
15    victim's counseling services, to the extent that the court
16    finds, after considering the defendant's income and
17    assets, that the defendant is financially capable of paying
18    for such services, if the victim was under 18 years of age
19    at the time the offense was committed and requires
20    counseling as a result of the offense.
21    Probation may be revoked or modified pursuant to Section
225-6-4; except where the court determines at the hearing that
23the defendant violated a condition of his or her probation
24restricting contact with the victim or other family members or
25commits another offense with the victim or other family
26members, the court shall revoke the defendant's probation and

 

 

10000SB1607ham002- 160 -LRB100 11093 RLC 30479 a

1impose a term of imprisonment.
2    For the purposes of this Section, "family member" and
3"victim" shall have the meanings ascribed to them in Section
411-0.1 of the Criminal Code of 2012.
5    (f) (Blank).
6    (g) Whenever a defendant is convicted of an offense under
7Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
811-14.3, 11-14.4 except for an offense that involves keeping a
9place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012, the defendant shall undergo medical
13testing to determine whether the defendant has any sexually
14transmissible disease, including a test for infection with
15human immunodeficiency virus (HIV) or any other identified
16causative agent of acquired immunodeficiency syndrome (AIDS).
17Any such medical test shall be performed only by appropriately
18licensed medical practitioners and may include an analysis of
19any bodily fluids as well as an examination of the defendant's
20person. Except as otherwise provided by law, the results of
21such test shall be kept strictly confidential by all medical
22personnel involved in the testing and must be personally
23delivered in a sealed envelope to the judge of the court in
24which the conviction was entered for the judge's inspection in
25camera. Acting in accordance with the best interests of the
26victim and the public, the judge shall have the discretion to

 

 

10000SB1607ham002- 161 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 162 -LRB100 11093 RLC 30479 a

1camera if requested by the judge. Acting in accordance with the
2best interests of those in the courtroom, the judge shall have
3the discretion to determine what if any precautions need to be
4taken to prevent transmission of the disease in the courtroom.
5    (h) Whenever a defendant is convicted of an offense under
6Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
7defendant shall undergo medical testing to determine whether
8the defendant has been exposed to human immunodeficiency virus
9(HIV) or any other identified causative agent of acquired
10immunodeficiency syndrome (AIDS). Except as otherwise provided
11by law, the results of such test shall be kept strictly
12confidential by all medical personnel involved in the testing
13and must be personally delivered in a sealed envelope to the
14judge of the court in which the conviction was entered for the
15judge's inspection in camera. Acting in accordance with the
16best interests of the public, the judge shall have the
17discretion to determine to whom, if anyone, the results of the
18testing may be revealed. The court shall notify the defendant
19of a positive test showing an infection with the human
20immunodeficiency virus (HIV). The court shall provide
21information on the availability of HIV testing and counseling
22at Department of Public Health facilities to all parties to
23whom the results of the testing are revealed and shall direct
24the State's Attorney to provide the information to the victim
25when possible. A State's Attorney may petition the court to
26obtain the results of any HIV test administered under this

 

 

10000SB1607ham002- 163 -LRB100 11093 RLC 30479 a

1Section, and the court shall grant the disclosure if the
2State's Attorney shows it is relevant in order to prosecute a
3charge of criminal transmission of HIV under Section 12-5.01 or
412-16.2 of the Criminal Code of 1961 or the Criminal Code of
52012 against the defendant. The court shall order that the cost
6of any such test shall be paid by the county and may be taxed as
7costs against the convicted defendant.
8    (i) All fines and penalties imposed under this Section for
9any violation of Chapters 3, 4, 6, and 11 of the Illinois
10Vehicle Code, or a similar provision of a local ordinance, and
11any violation of the Child Passenger Protection Act, or a
12similar provision of a local ordinance, shall be collected and
13disbursed by the circuit clerk as provided under Section 27.5
14of the Clerks of Courts Act.
15    (j) In cases when prosecution for any violation of Section
1611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1711-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1811-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1911-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2012-15, or 12-16 of the Criminal Code of 1961 or the Criminal
21Code of 2012, any violation of the Illinois Controlled
22Substances Act, any violation of the Cannabis Control Act, or
23any violation of the Methamphetamine Control and Community
24Protection Act results in conviction, a disposition of court
25supervision, or an order of probation granted under Section 10
26of the Cannabis Control Act, Section 410 of the Illinois

 

 

10000SB1607ham002- 164 -LRB100 11093 RLC 30479 a

1Controlled Substances Act, or Section 70 of the Methamphetamine
2Control and Community Protection Act of a defendant, the court
3shall determine whether the defendant is employed by a facility
4or center as defined under the Child Care Act of 1969, a public
5or private elementary or secondary school, or otherwise works
6with children under 18 years of age on a daily basis. When a
7defendant is so employed, the court shall order the Clerk of
8the Court to send a copy of the judgment of conviction or order
9of supervision or probation to the defendant's employer by
10certified mail. If the employer of the defendant is a school,
11the Clerk of the Court shall direct the mailing of a copy of
12the judgment of conviction or order of supervision or probation
13to the appropriate regional superintendent of schools. The
14regional superintendent of schools shall notify the State Board
15of Education of any notification under this subsection.
16    (j-5) A defendant at least 17 years of age who is convicted
17of a felony and who has not been previously convicted of a
18misdemeanor or felony and who is sentenced to a term of
19imprisonment in the Illinois Department of Corrections shall as
20a condition of his or her sentence be required by the court to
21attend educational courses designed to prepare the defendant
22for a high school diploma and to work toward a high school
23diploma or to work toward passing high school equivalency
24testing or to work toward completing a vocational training
25program offered by the Department of Corrections. If a
26defendant fails to complete the educational training required

 

 

10000SB1607ham002- 165 -LRB100 11093 RLC 30479 a

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

 

 

10000SB1607ham002- 166 -LRB100 11093 RLC 30479 a

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

 

 

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1    would not be inconsistent with the ends of justice.
2    (C) This subsection (l) does not apply to offenders who are
3subject to the provisions of paragraph (2) of subsection (a) of
4Section 3-6-3.
5    (D) Upon motion of the State's Attorney, if a defendant
6sentenced under this Section returns to the jurisdiction of the
7United States, the defendant shall be recommitted to the
8custody of the county from which he or she was sentenced.
9Thereafter, the defendant shall be brought before the
10sentencing court, which may impose any sentence that was
11available under Section 5-5-3 at the time of initial
12sentencing. In addition, the defendant shall not be eligible
13for additional earned sentence credit as provided under Section
143-6-3.
15    (m) A person convicted of criminal defacement of property
16under Section 21-1.3 of the Criminal Code of 1961 or the
17Criminal Code of 2012, in which the property damage exceeds
18$300 and the property damaged is a school building, shall be
19ordered to perform community service that may include cleanup,
20removal, or painting over the defacement.
21    (n) The court may sentence a person convicted of a
22violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
23subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
24of 1961 or the Criminal Code of 2012 (i) to an impact
25incarceration program if the person is otherwise eligible for
26that program under Section 5-8-1.1, (ii) to community service,

 

 

10000SB1607ham002- 168 -LRB100 11093 RLC 30479 a

1or (iii) if the person is an addict or alcoholic, as defined in
2the Alcoholism and Other Drug Abuse and Dependency Act, to a
3substance or alcohol abuse program licensed under that Act.
4    (o) Whenever a person is convicted of a sex offense as
5defined in Section 2 of the Sex Offender Registration Act, the
6defendant's driver's license or permit shall be subject to
7renewal on an annual basis in accordance with the provisions of
8license renewal established by the Secretary of State.
9(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1099-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff.
111-1-18.)
 
12    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
13    Sec. 5-6-3. Conditions of probation and of conditional
14discharge.
15    (a) The conditions of probation and of conditional
16discharge shall be that the person:
17        (1) not violate any criminal statute of any
18    jurisdiction;
19        (2) report to or appear in person before such person or
20    agency as directed by the court;
21        (3) refrain from possessing a firearm or other
22    dangerous weapon where the offense is a felony or, if a
23    misdemeanor, the offense involved the intentional or
24    knowing infliction of bodily harm or threat of bodily harm;
25        (4) not leave the State without the consent of the

 

 

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1    court or, in circumstances in which the reason for the
2    absence is of such an emergency nature that prior consent
3    by the court is not possible, without the prior
4    notification and approval of the person's probation
5    officer. Transfer of a person's probation or conditional
6    discharge supervision to another state is subject to
7    acceptance by the other state pursuant to the Interstate
8    Compact for Adult Offender Supervision;
9        (5) permit the probation officer to visit him at his
10    home or elsewhere to the extent necessary to discharge his
11    duties;
12        (6) perform no less than 30 hours of community service
13    and not more than 120 hours of community service, if
14    community service is available in the jurisdiction and is
15    funded and approved by the county board where the offense
16    was committed, where the offense was related to or in
17    furtherance of the criminal activities of an organized gang
18    and was motivated by the offender's membership in or
19    allegiance to an organized gang. The community service
20    shall include, but not be limited to, the cleanup and
21    repair of any damage caused by a violation of Section
22    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
23    2012 and similar damage to property located within the
24    municipality or county in which the violation occurred.
25    When possible and reasonable, the community service should
26    be performed in the offender's neighborhood. For purposes

 

 

10000SB1607ham002- 170 -LRB100 11093 RLC 30479 a

1    of this Section, "organized gang" has the meaning ascribed
2    to it in Section 10 of the Illinois Streetgang Terrorism
3    Omnibus Prevention Act. The court may give credit toward
4    the fulfillment of community service hours for
5    participation in activities and treatment as determined by
6    court services;
7        (7) if he or she is at least 17 years of age and has
8    been sentenced to probation or conditional discharge for a
9    misdemeanor or felony in a county of 3,000,000 or more
10    inhabitants and has not been previously convicted of a
11    misdemeanor or felony, may be required by the sentencing
12    court to attend educational courses designed to prepare the
13    defendant for a high school diploma and to work toward a
14    high school diploma or to work toward passing high school
15    equivalency testing or to work toward completing a
16    vocational training program approved by the court. The
17    person on probation or conditional discharge must attend a
18    public institution of education to obtain the educational
19    or vocational training required by this paragraph clause
20    (7). The court shall revoke the probation or conditional
21    discharge of a person who wilfully fails to comply with
22    this paragraph clause (7). The person on probation or
23    conditional discharge shall be required to pay for the cost
24    of the educational courses or high school equivalency
25    testing if a fee is charged for those courses or testing.
26    The court shall resentence the offender whose probation or

 

 

10000SB1607ham002- 171 -LRB100 11093 RLC 30479 a

1    conditional discharge has been revoked as provided in
2    Section 5-6-4. This paragraph clause (7) does not apply to
3    a person who has a high school diploma or has successfully
4    passed high school equivalency testing. This paragraph
5    clause (7) does not apply to a person who is determined by
6    the court to be a person with a developmental disability or
7    otherwise mentally incapable of completing the educational
8    or vocational program;
9        (8) if convicted of possession of a substance
10    prohibited by the Cannabis Control Act, the Illinois
11    Controlled Substances Act, or the Methamphetamine Control
12    and Community Protection Act after a previous conviction or
13    disposition of supervision for possession of a substance
14    prohibited by the Cannabis Control Act or Illinois
15    Controlled Substances Act or after a sentence of probation
16    under Section 10 of the Cannabis Control Act, Section 410
17    of the Illinois Controlled Substances Act, or Section 70 of
18    the Methamphetamine Control and Community Protection Act
19    and upon a finding by the court that the person is
20    addicted, undergo treatment at a substance abuse program
21    approved by the court;
22        (8.5) if convicted of a felony sex offense as defined
23    in the Sex Offender Management Board Act, the person shall
24    undergo and successfully complete sex offender treatment
25    by a treatment provider approved by the Board and conducted
26    in conformance with the standards developed under the Sex

 

 

10000SB1607ham002- 172 -LRB100 11093 RLC 30479 a

1    Offender Management Board Act;
2        (8.6) if convicted of a sex offense as defined in the
3    Sex Offender Management Board Act, refrain from residing at
4    the same address or in the same condominium unit or
5    apartment unit or in the same condominium complex or
6    apartment complex with another person he or she knows or
7    reasonably should know is a convicted sex offender or has
8    been placed on supervision for a sex offense; the
9    provisions of this paragraph do not apply to a person
10    convicted of a sex offense who is placed in a Department of
11    Corrections licensed transitional housing facility for sex
12    offenders;
13        (8.7) 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 (8.7), "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

 

 

10000SB1607ham002- 173 -LRB100 11093 RLC 30479 a

1    or adopted child of the accused;
2        (8.8) if convicted for an offense under Section 11-6,
3    11-9.1, 11-14.4 that involves soliciting for a juvenile
4    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
5    of the Criminal Code of 1961 or the Criminal Code of 2012,
6    or any attempt to commit any of these offenses, committed
7    on or after June 1, 2009 (the effective date of Public Act
8    95-983):
9            (i) not access or use a computer or any other
10        device with Internet capability without the prior
11        written approval of the offender's probation officer,
12        except in connection with the offender's employment or
13        search for employment with the prior approval of the
14        offender's probation officer;
15            (ii) submit to periodic unannounced examinations
16        of the offender's computer or any other device with
17        Internet capability by the offender's probation
18        officer, a law enforcement officer, or assigned
19        computer or information technology specialist,
20        including the retrieval and copying of all data from
21        the computer or device and any internal or external
22        peripherals and removal of such information,
23        equipment, or device to conduct a more thorough
24        inspection;
25            (iii) submit to the installation on the offender's
26        computer or device with Internet capability, at the

 

 

10000SB1607ham002- 174 -LRB100 11093 RLC 30479 a

1        offender's expense, of one or more hardware or software
2        systems to monitor the Internet use; and
3            (iv) submit to any other appropriate restrictions
4        concerning the offender's use of or access to a
5        computer or any other device with Internet capability
6        imposed by the offender's probation officer;
7        (8.9) if convicted of a sex offense as defined in the
8    Sex Offender Registration Act committed on or after January
9    1, 2010 (the effective date of Public Act 96-262), refrain
10    from accessing or using a social networking website as
11    defined in Section 17-0.5 of the Criminal Code of 2012;
12        (9) if convicted of a felony or of any misdemeanor
13    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
14    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
15    2012 that was determined, pursuant to Section 112A-11.1 of
16    the Code of Criminal Procedure of 1963, to trigger the
17    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
18    at a time and place designated by the court, his or her
19    Firearm Owner's Identification Card and any and all
20    firearms in his or her possession. The Court shall return
21    to the Department of State Police Firearm Owner's
22    Identification Card Office the person's Firearm Owner's
23    Identification Card;
24        (10) if convicted of a sex offense as defined in
25    subsection (a-5) of Section 3-1-2 of this Code, unless the
26    offender is a parent or guardian of the person under 18

 

 

10000SB1607ham002- 175 -LRB100 11093 RLC 30479 a

1    years of age present in the home and no non-familial minors
2    are present, not participate in a holiday event involving
3    children under 18 years of age, such as distributing candy
4    or other items to children on Halloween, wearing a Santa
5    Claus costume on or preceding Christmas, being employed as
6    a department store Santa Claus, or wearing an Easter Bunny
7    costume on or preceding Easter;
8        (11) if convicted of a sex offense as defined in
9    Section 2 of the Sex Offender Registration Act committed on
10    or after January 1, 2010 (the effective date of Public Act
11    96-362) that requires the person to register as a sex
12    offender under that Act, may not knowingly use any computer
13    scrub software on any computer that the sex offender uses;
14        (12) if convicted of a violation of the Methamphetamine
15    Control and Community Protection Act, the Methamphetamine
16    Precursor Control Act, or a methamphetamine related
17    offense:
18            (A) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        pseudoephedrine unless prescribed by a physician; and
21            (B) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        ammonium nitrate; and
24        (13) if convicted of a hate crime involving the
25    protected class identified in subsection (a) of Section
26    12-7.1 of the Criminal Code of 2012 that gave rise to the

 

 

10000SB1607ham002- 176 -LRB100 11093 RLC 30479 a

1    offense the offender committed, perform public or
2    community service of no less than 200 hours and enroll in
3    an educational program discouraging hate crimes that
4    includes racial, ethnic, and cultural sensitivity training
5    ordered by the court.
6    (b) The Court may in addition to other reasonable
7conditions relating to the nature of the offense or the
8rehabilitation of the defendant as determined for each
9defendant in the proper discretion of the Court require that
10the person:
11        (1) serve a term of periodic imprisonment under Article
12    7 for a period not to exceed that specified in paragraph
13    (d) of Section 5-7-1;
14        (2) pay a fine and costs;
15        (3) work or pursue a course of study or vocational
16    training;
17        (4) undergo medical, psychological or psychiatric
18    treatment; or treatment for drug addiction or alcoholism;
19        (5) attend or reside in a facility established for the
20    instruction or residence of defendants on probation;
21        (6) support his dependents;
22        (7) and in addition, if a minor:
23            (i) reside with his parents or in a foster home;
24            (ii) attend school;
25            (iii) attend a non-residential program for youth;
26            (iv) contribute to his own support at home or in a

 

 

10000SB1607ham002- 177 -LRB100 11093 RLC 30479 a

1        foster home;
2            (v) with the consent of the superintendent of the
3        facility, attend an educational program at a facility
4        other than the school in which the offense was
5        committed if he or she is convicted of a crime of
6        violence as defined in Section 2 of the Crime Victims
7        Compensation Act committed in a school, on the real
8        property comprising a school, or within 1,000 feet of
9        the real property comprising a school;
10        (8) make restitution as provided in Section 5-5-6 of
11    this Code;
12        (9) perform some reasonable public or community
13    service;
14        (10) serve a term of home confinement. In addition to
15    any other applicable condition of probation or conditional
16    discharge, the conditions of home confinement shall be that
17    the offender:
18            (i) remain within the interior premises of the
19        place designated for his confinement during the hours
20        designated by the court;
21            (ii) admit any person or agent designated by the
22        court into the offender's place of confinement at any
23        time for purposes of verifying the offender's
24        compliance with the conditions of his confinement; and
25            (iii) if further deemed necessary by the court or
26        the Probation or Court Services Department, be placed

 

 

10000SB1607ham002- 178 -LRB100 11093 RLC 30479 a

1        on an approved electronic monitoring device, subject
2        to Article 8A of Chapter V;
3            (iv) for persons convicted of any alcohol,
4        cannabis or controlled substance violation who are
5        placed on an approved monitoring device as a condition
6        of probation or conditional discharge, the court shall
7        impose a reasonable fee for each day of the use of the
8        device, as established by the county board in
9        subsection (g) of this Section, unless after
10        determining the inability of the offender to pay the
11        fee, the court assesses a lesser fee or no fee as the
12        case may be. This fee shall be imposed in addition to
13        the fees imposed under subsections (g) and (i) of this
14        Section. The fee shall be collected by the clerk of the
15        circuit court, except as provided in an administrative
16        order of the Chief Judge of the circuit court. The
17        clerk of the circuit court shall pay all monies
18        collected from this fee to the county treasurer for
19        deposit in the substance abuse services fund under
20        Section 5-1086.1 of the Counties Code, except as
21        provided in an administrative order of the Chief Judge
22        of the circuit court.
23            The Chief Judge of the circuit court of the county
24        may by administrative order establish a program for
25        electronic monitoring of offenders, in which a vendor
26        supplies and monitors the operation of the electronic

 

 

10000SB1607ham002- 179 -LRB100 11093 RLC 30479 a

1        monitoring device, and collects the fees on behalf of
2        the county. The program shall include provisions for
3        indigent offenders and the collection of unpaid fees.
4        The program shall not unduly burden the offender and
5        shall be subject to review by the Chief Judge.
6            The Chief Judge of the circuit court may suspend
7        any additional charges or fees for late payment,
8        interest, or damage to any device; and
9            (v) for persons convicted of offenses other than
10        those referenced in clause (iv) above and who are
11        placed on an approved monitoring device as a condition
12        of probation or conditional discharge, the court shall
13        impose a reasonable fee for each day of the use of the
14        device, as established by the county board in
15        subsection (g) of this Section, unless after
16        determining the inability of the defendant to pay the
17        fee, the court assesses a lesser fee or no fee as the
18        case may be. This fee shall be imposed in addition to
19        the fees imposed under subsections (g) and (i) of this
20        Section. The fee shall be collected by the clerk of the
21        circuit court, except as provided in an administrative
22        order of the Chief Judge of the circuit court. The
23        clerk of the circuit court shall pay all monies
24        collected from this fee to the county treasurer who
25        shall use the monies collected to defray the costs of
26        corrections. The county treasurer shall deposit the

 

 

10000SB1607ham002- 180 -LRB100 11093 RLC 30479 a

1        fee collected in the probation and court services fund.
2        The Chief Judge of the circuit court of the county may
3        by administrative order establish a program for
4        electronic monitoring of offenders, in which a vendor
5        supplies and monitors the operation of the electronic
6        monitoring device, and collects the fees on behalf of
7        the county. The program shall include provisions for
8        indigent offenders and the collection of unpaid fees.
9        The program shall not unduly burden the offender and
10        shall be subject to review by the Chief Judge.
11            The Chief Judge of the circuit court may suspend
12        any additional charges or fees for late payment,
13        interest, or damage to any device.
14        (11) comply with the terms and conditions of an order
15    of protection issued by the court pursuant to the Illinois
16    Domestic Violence Act of 1986, as now or hereafter amended,
17    or an order of protection issued by the court of another
18    state, tribe, or United States territory. A copy of the
19    order of protection shall be transmitted to the probation
20    officer or agency having responsibility for the case;
21        (12) reimburse any "local anti-crime program" as
22    defined in Section 7 of the Anti-Crime Advisory Council Act
23    for any reasonable expenses incurred by the program on the
24    offender's case, not to exceed the maximum amount of the
25    fine authorized for the offense for which the defendant was
26    sentenced;

 

 

10000SB1607ham002- 181 -LRB100 11093 RLC 30479 a

1        (13) contribute a reasonable sum of money, not to
2    exceed the maximum amount of the fine authorized for the
3    offense for which the defendant was sentenced, (i) to a
4    "local anti-crime program", as defined in Section 7 of the
5    Anti-Crime Advisory Council Act, or (ii) for offenses under
6    the jurisdiction of the Department of Natural Resources, to
7    the fund established by the Department of Natural Resources
8    for the purchase of evidence for investigation purposes and
9    to conduct investigations as outlined in Section 805-105 of
10    the Department of Natural Resources (Conservation) Law;
11        (14) refrain from entering into a designated
12    geographic area except upon such terms as the court finds
13    appropriate. Such terms may include consideration of the
14    purpose of the entry, the time of day, other persons
15    accompanying the defendant, and advance approval by a
16    probation officer, if the defendant has been placed on
17    probation or advance approval by the court, if the
18    defendant was placed on conditional discharge;
19        (15) refrain from having any contact, directly or
20    indirectly, with certain specified persons or particular
21    types of persons, including but not limited to members of
22    street gangs and drug users or dealers;
23        (16) 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,

 

 

10000SB1607ham002- 182 -LRB100 11093 RLC 30479 a

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        (17) if convicted for an offense committed on or after
5    June 1, 2008 (the effective date of Public Act 95-464) that
6    would qualify the accused as a child sex offender as
7    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
8    1961 or the Criminal Code of 2012, refrain from
9    communicating with or contacting, by means of the Internet,
10    a person who is related to the accused and whom the accused
11    reasonably believes to be under 18 years of age; for
12    purposes of this paragraph (17), "Internet" has the meaning
13    ascribed to it in Section 16-0.1 of the Criminal Code of
14    2012; and a person is related to the accused if the person
15    is: (i) the spouse, brother, or sister of the accused; (ii)
16    a descendant of the accused; (iii) a first or second cousin
17    of the accused; or (iv) a step-child or adopted child of
18    the accused;
19        (18) if convicted for an offense committed on or after
20    June 1, 2009 (the effective date of Public Act 95-983) that
21    would qualify as a sex offense as defined in the Sex
22    Offender Registration Act:
23            (i) not access or use a computer or any other
24        device with Internet capability without the prior
25        written approval of the offender's probation officer,
26        except in connection with the offender's employment or

 

 

10000SB1607ham002- 183 -LRB100 11093 RLC 30479 a

1        search for employment with the prior approval of the
2        offender's probation officer;
3            (ii) submit to periodic unannounced examinations
4        of the offender's computer or any other device with
5        Internet capability by the offender's probation
6        officer, a law enforcement officer, or assigned
7        computer or information technology specialist,
8        including the retrieval and copying of all data from
9        the computer or device and any internal or external
10        peripherals and removal of such information,
11        equipment, or device to conduct a more thorough
12        inspection;
13            (iii) submit to the installation on the offender's
14        computer or device with Internet capability, at the
15        subject'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 offender's probation officer; and
21        (19) refrain from possessing a firearm or other
22    dangerous weapon where the offense is a misdemeanor that
23    did not involve the intentional or knowing infliction of
24    bodily harm or threat of bodily harm.
25    (c) The court may as a condition of probation or of
26conditional discharge require that a person under 18 years of

 

 

10000SB1607ham002- 184 -LRB100 11093 RLC 30479 a

1age found guilty of any alcohol, cannabis or controlled
2substance violation, refrain from acquiring a driver's license
3during the period of probation or conditional discharge. If
4such person is in possession of a permit or license, the court
5may require that the minor refrain from driving or operating
6any motor vehicle during the period of probation or conditional
7discharge, except as may be necessary in the course of the
8minor's lawful employment.
9    (d) An offender sentenced to probation or to conditional
10discharge shall be given a certificate setting forth the
11conditions thereof.
12    (e) Except where the offender has committed a fourth or
13subsequent violation of subsection (c) of Section 6-303 of the
14Illinois Vehicle Code, the court shall not require as a
15condition of the sentence of probation or conditional discharge
16that the offender be committed to a period of imprisonment in
17excess of 6 months. This 6-month 6 month limit shall not
18include periods of confinement given pursuant to a sentence of
19county impact incarceration under Section 5-8-1.2.
20    Persons committed to imprisonment as a condition of
21probation or conditional discharge shall not be committed to
22the Department of Corrections.
23    (f) The court may combine a sentence of periodic
24imprisonment under Article 7 or a sentence to a county impact
25incarceration program under Article 8 with a sentence of
26probation or conditional discharge.

 

 

10000SB1607ham002- 185 -LRB100 11093 RLC 30479 a

1    (g) An offender sentenced to probation or to conditional
2discharge and who during the term of either undergoes mandatory
3drug or alcohol testing, or both, or is assigned to be placed
4on an approved electronic monitoring device, shall be ordered
5to pay all costs incidental to such mandatory drug or alcohol
6testing, or both, and all costs incidental to such approved
7electronic monitoring in accordance with the defendant's
8ability to pay those costs. The county board with the
9concurrence of the Chief Judge of the judicial circuit in which
10the county is located shall establish reasonable fees for the
11cost of maintenance, testing, and incidental expenses related
12to the mandatory drug or alcohol testing, or both, and all
13costs incidental to approved electronic monitoring, involved
14in a successful probation program for the county. The
15concurrence of the Chief Judge shall be in the form of an
16administrative order. The fees shall be collected by the clerk
17of the circuit court, except as provided in an administrative
18order of the Chief Judge of the circuit court. The clerk of the
19circuit court shall pay all moneys collected from these fees to
20the county treasurer who shall use the moneys collected to
21defray the costs of drug testing, alcohol testing, and
22electronic monitoring. The county treasurer shall deposit the
23fees collected in the county working cash fund under Section
246-27001 or Section 6-29002 of the Counties Code, as the case
25may be. The Chief Judge of the circuit court of the county may
26by administrative order establish a program for electronic

 

 

10000SB1607ham002- 186 -LRB100 11093 RLC 30479 a

1monitoring of offenders, in which a vendor supplies and
2monitors the operation of the electronic monitoring device, and
3collects the fees on behalf of the county. The program shall
4include provisions for indigent offenders and the collection of
5unpaid fees. The program shall not unduly burden the offender
6and shall be subject to review by the Chief Judge.
7    The Chief Judge of the circuit court may suspend any
8additional charges or fees for late payment, interest, or
9damage to any device.
10    (h) Jurisdiction over an offender may be transferred from
11the sentencing court to the court of another circuit with the
12concurrence of both courts. Further transfers or retransfers of
13jurisdiction are also authorized in the same manner. The court
14to which jurisdiction has been transferred shall have the same
15powers as the sentencing court. The probation department within
16the circuit to which jurisdiction has been transferred, or
17which has agreed to provide supervision, may impose probation
18fees upon receiving the transferred offender, as provided in
19subsection (i). For all transfer cases, as defined in Section
209b of the Probation and Probation Officers Act, the probation
21department from the original sentencing court shall retain all
22probation fees collected prior to the transfer. After the
23transfer, all probation fees shall be paid to the probation
24department within the circuit to which jurisdiction has been
25transferred.
26    (i) The court shall impose upon an offender sentenced to

 

 

10000SB1607ham002- 187 -LRB100 11093 RLC 30479 a

1probation after January 1, 1989 or to conditional discharge
2after January 1, 1992 or to community service under the
3supervision of a probation or court services department after
4January 1, 2004, as a condition of such probation or
5conditional discharge or supervised community service, a fee of
6$50 for each month of probation or conditional discharge
7supervision or supervised community service ordered by the
8court, unless after determining the inability of the person
9sentenced to probation or conditional discharge or supervised
10community service to pay the fee, the court assesses a lesser
11fee. The court may not impose the fee on a minor who is placed
12in the guardianship or custody of the Department of Children
13and Family Services under the Juvenile Court Act of 1987 while
14the minor is in placement. The fee shall be imposed only upon
15an offender who is actively supervised by the probation and
16court services department. The fee shall be collected by the
17clerk of the circuit court. The clerk of the circuit court
18shall pay all monies collected from this fee to the county
19treasurer for deposit in the probation and court services fund
20under Section 15.1 of the Probation and Probation Officers Act.
21    A circuit court may not impose a probation fee under this
22subsection (i) in excess of $25 per month unless the circuit
23court has adopted, by administrative order issued by the chief
24judge, a standard probation fee guide determining an offender's
25ability to pay Of the amount collected as a probation fee, up
26to $5 of that fee collected per month may be used to provide

 

 

10000SB1607ham002- 188 -LRB100 11093 RLC 30479 a

1services to crime victims and their families.
2    The Court may only waive probation fees based on an
3offender's ability to pay. The probation department may
4re-evaluate an offender's ability to pay every 6 months, and,
5with the approval of the Director of Court Services or the
6Chief Probation Officer, adjust the monthly fee amount. An
7offender may elect to pay probation fees due in a lump sum. Any
8offender that has been assigned to the supervision of a
9probation department, or has been transferred either under
10subsection (h) of this Section or under any interstate compact,
11shall be required to pay probation fees to the department
12supervising the offender, based on the offender's ability to
13pay.
14    Public Act 93-970 This amendatory Act of the 93rd General
15Assembly deletes the $10 increase in the fee under this
16subsection that was imposed by Public Act 93-616. This deletion
17is intended to control over any other Act of the 93rd General
18Assembly that retains or incorporates that fee increase.
19    (i-5) In addition to the fees imposed under subsection (i)
20of this Section, in the case of an offender convicted of a
21felony sex offense (as defined in the Sex Offender Management
22Board Act) or an offense that the court or probation department
23has determined to be sexually motivated (as defined in the Sex
24Offender Management Board Act), the court or the probation
25department shall assess additional fees to pay for all costs of
26treatment, assessment, evaluation for risk and treatment, and

 

 

10000SB1607ham002- 189 -LRB100 11093 RLC 30479 a

1monitoring the offender, based on that offender's ability to
2pay those costs either as they occur or under a payment plan.
3    (j) All fines and costs imposed under this Section for any
4violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
5Code, or a similar provision of a local ordinance, and any
6violation of the Child Passenger Protection Act, or a similar
7provision of a local ordinance, shall be collected and
8disbursed by the circuit clerk as provided under Section 27.5
9of the Clerks of Courts Act.
10    (k) Any offender who is sentenced to probation or
11conditional discharge for a felony sex offense as defined in
12the Sex Offender Management Board Act or any offense that the
13court or probation department has determined to be sexually
14motivated as defined in the Sex Offender Management Board Act
15shall be required to refrain from any contact, directly or
16indirectly, with any persons specified by the court and shall
17be available for all evaluations and treatment programs
18required by the court or the probation department.
19    (l) The court may order an offender who is sentenced to
20probation or conditional discharge for a violation of an order
21of protection be placed under electronic surveillance as
22provided in Section 5-8A-7 of this Code.
23(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
24100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)
 
25    (730 ILCS 5/5-6-3.3)

 

 

10000SB1607ham002- 190 -LRB100 11093 RLC 30479 a

1    (Text of Section before amendment by P.A. 100-3)
2    Sec. 5-6-3.3. Offender Initiative Program.
3    (a) Statement of purpose. The General Assembly seeks to
4continue other successful programs that promote public safety,
5conserve valuable resources, and reduce recidivism by
6defendants who can lead productive lives by creating the
7Offender Initiative Program.
8    (a-1) Whenever any person who has not previously been
9convicted of, or placed on probation or conditional discharge
10for, any felony offense under the laws of this State, the laws
11of any other state, or the laws of the United States, is
12arrested for and charged with a probationable felony offense of
13theft, retail theft, forgery, possession of a stolen motor
14vehicle, burglary, possession of burglary tools, possession of
15cannabis, possession of a controlled substance, or possession
16of methamphetamine, the court, with the consent of the
17defendant and the State's Attorney, may continue this matter to
18allow a defendant to participate and complete the Offender
19Initiative Program.
20    (a-2) Exemptions. A defendant shall not be eligible for
21this Program if the offense he or she has been arrested for and
22charged with is a violent offense. For purposes of this
23Program, a "violent offense" is any offense where bodily harm
24was inflicted or where force was used against any person or
25threatened against any person, any offense involving sexual
26conduct, sexual penetration, or sexual exploitation, any

 

 

10000SB1607ham002- 191 -LRB100 11093 RLC 30479 a

1offense of domestic violence, domestic battery, violation of an
2order of protection, stalking, hate crime, driving under the
3influence of drugs or alcohol, and any offense involving the
4possession of a firearm or dangerous weapon. A defendant shall
5not be eligible for this Program if he or she has previously
6been adjudicated a delinquent minor for the commission of a
7violent offense as defined in this subsection.
8    (b) When a defendant is placed in the Program, after both
9the defendant and State's Attorney waive preliminary hearing
10pursuant to Section 109-3 of the Code of Criminal Procedure of
111963, the court shall enter an order specifying that the
12proceedings shall be suspended while the defendant is
13participating in a Program of not less 12 months.
14    (c) The conditions of the Program shall be that the
15defendant:
16        (1) not violate any criminal statute of this State or
17    any other jurisdiction;
18        (2) refrain from possessing a firearm or other
19    dangerous weapon;
20        (3) make full restitution to the victim or property
21    owner pursuant to Section 5-5-6 of this Code;
22        (4) obtain employment or perform not less than 30 hours
23    of community service, provided community service is
24    available in the county and is funded and approved by the
25    county board; and
26        (5) attend educational courses designed to prepare the

 

 

10000SB1607ham002- 192 -LRB100 11093 RLC 30479 a

1    defendant for obtaining a high school diploma or to work
2    toward passing high school equivalency testing or to work
3    toward completing a vocational training program.
4    (c-1) The court may give credit toward the fulfillment of
5community service hours for participation in activities and
6treatment as determined by court services.
7    (d) The court may, in addition to other conditions, require
8that the defendant:
9        (1) undergo medical or psychiatric treatment, or
10    treatment or rehabilitation approved by the Illinois
11    Department of Human Services;
12        (2) refrain from having in his or her body the presence
13    of any illicit drug prohibited by the Methamphetamine
14    Control and Community Protection Act, the Cannabis Control
15    Act or the Illinois Controlled Substances Act, unless
16    prescribed by a physician, and submit samples of his or her
17    blood or urine or both for tests to determine the presence
18    of any illicit drug;
19        (3) submit to periodic drug testing at a time, manner,
20    and frequency as ordered by the court;
21        (4) pay fines, fees and costs; and
22        (5) in addition, if a minor:
23            (i) reside with his or her parents or in a foster
24        home;
25            (ii) attend school;
26            (iii) attend a non-residential program for youth;

 

 

10000SB1607ham002- 193 -LRB100 11093 RLC 30479 a

1        or
2            (iv) contribute to his or her own support at home
3        or in a foster home.
4    (e) When the State's Attorney makes a factually specific
5offer of proof that the defendant has failed to successfully
6complete the Program or has violated any of the conditions of
7the Program, the court shall enter an order that the defendant
8has not successfully completed the Program and continue the
9case for arraignment pursuant to Section 113-1 of the Code of
10Criminal Procedure of 1963 for further proceedings as if the
11defendant had not participated in the Program.
12    (f) Upon fulfillment of the terms and conditions of the
13Program, the State's Attorney shall dismiss the case or the
14court shall discharge the person and dismiss the proceedings
15against the person.
16    (g) There may be only one discharge and dismissal under
17this Section with respect to any person.
18    (h) Notwithstanding subsection (a-1), if the court finds
19that the defendant suffers from a substance abuse problem, then
20before the person participates in the Program under this
21Section, the court may refer the person to the drug court
22established in that judicial circuit pursuant to Section 15 of
23the Drug Court Treatment Act. The drug court team shall
24evaluate the person's likelihood of successfully fulfilling
25the terms and conditions of the Program under this Section and
26shall report the results of its evaluation to the court. If the

 

 

10000SB1607ham002- 194 -LRB100 11093 RLC 30479 a

1drug court team finds that the person suffers from a substance
2abuse problem that makes him or her substantially unlikely to
3successfully fulfill the terms and conditions of the Program,
4then the drug court shall set forth its findings in the form of
5a written order, and the person shall be ineligible to
6participate in the Program under this Section, but may be
7considered for the drug court program.
8(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
 
9    (Text of Section after amendment by P.A. 100-3)
10    Sec. 5-6-3.3. Offender Initiative Program.
11    (a) Statement of purpose. The General Assembly seeks to
12continue other successful programs that promote public safety,
13conserve valuable resources, and reduce recidivism by
14defendants who can lead productive lives by creating the
15Offender Initiative Program.
16    (a-1) Whenever any person who has not previously been
17convicted of any felony offense under the laws of this State,
18the laws of any other state, or the laws of the United States,
19is arrested for and charged with a probationable felony offense
20of theft, retail theft, forgery, possession of a stolen motor
21vehicle, burglary, possession of burglary tools, deceptive
22practices, disorderly conduct, criminal damage or trespass to
23property under Article 21 of the Criminal Code of 2012,
24criminal trespass to a residence, obstructing justice, or an
25offense involving fraudulent identification, or possession of

 

 

10000SB1607ham002- 195 -LRB100 11093 RLC 30479 a

1cannabis, possession of a controlled substance, or possession
2of methamphetamine, the court, with the consent of the
3defendant and the State's Attorney, may continue this matter to
4allow a defendant to participate and complete the Offender
5Initiative Program.
6    (a-2) Exemptions. A defendant shall not be eligible for
7this Program if the offense he or she has been arrested for and
8charged with is a violent offense. For purposes of this
9Program, a "violent offense" is any offense where bodily harm
10was inflicted or where force was used against any person or
11threatened against any person, any offense involving sexual
12conduct, sexual penetration, or sexual exploitation, any
13offense of domestic violence, domestic battery, violation of an
14order of protection, stalking, hate crime, and any offense
15involving the possession of a firearm or dangerous weapon. A
16defendant shall not be eligible for this Program if he or she
17has previously been adjudicated a delinquent minor for the
18commission of a violent offense as defined in this subsection.
19    (b) When a defendant is placed in the Program, after both
20the defendant and State's Attorney waive preliminary hearing
21pursuant to Section 109-3 of the Code of Criminal Procedure of
221963, the court shall enter an order specifying that the
23proceedings shall be suspended while the defendant is
24participating in a Program of not less 12 months.
25    (c) The conditions of the Program shall be that the
26defendant:

 

 

10000SB1607ham002- 196 -LRB100 11093 RLC 30479 a

1        (1) not violate any criminal statute of this State or
2    any other jurisdiction;
3        (2) refrain from possessing a firearm or other
4    dangerous weapon;
5        (3) make full restitution to the victim or property
6    owner pursuant to Section 5-5-6 of this Code;
7        (4) obtain employment or perform not less than 30 hours
8    of community service, provided community service is
9    available in the county and is funded and approved by the
10    county board; and
11        (5) attend educational courses designed to prepare the
12    defendant for obtaining a high school diploma or to work
13    toward passing high school equivalency testing or to work
14    toward completing a vocational training program.
15    (c-1) The court may give credit toward the fulfillment of
16community service hours for participation in activities and
17treatment as determined by court services.
18    (d) The court may, in addition to other conditions, require
19that the defendant:
20        (1) undergo medical or psychiatric treatment, or
21    treatment or rehabilitation approved by the Illinois
22    Department of Human Services;
23        (2) refrain from having in his or her body the presence
24    of any illicit drug prohibited by the Methamphetamine
25    Control and Community Protection Act, the Cannabis Control
26    Act or the Illinois Controlled Substances Act, unless

 

 

10000SB1607ham002- 197 -LRB100 11093 RLC 30479 a

1    prescribed by a physician, and submit samples of his or her
2    blood or urine or both for tests to determine the presence
3    of any illicit drug;
4        (3) submit to periodic drug testing at a time, manner,
5    and frequency as ordered by the court;
6        (4) pay fines, fees and costs; and
7        (5) in addition, if a minor:
8            (i) reside with his or her parents or in a foster
9        home;
10            (ii) attend school;
11            (iii) attend a non-residential program for youth;
12        or
13            (iv) contribute to his or her own support at home
14        or in a foster home.
15    (e) When the State's Attorney makes a factually specific
16offer of proof that the defendant has failed to successfully
17complete the Program or has violated any of the conditions of
18the Program, the court shall enter an order that the defendant
19has not successfully completed the Program and continue the
20case for arraignment pursuant to Section 113-1 of the Code of
21Criminal Procedure of 1963 for further proceedings as if the
22defendant had not participated in the Program.
23    (f) Upon fulfillment of the terms and conditions of the
24Program, the State's Attorney shall dismiss the case or the
25court shall discharge the person and dismiss the proceedings
26against the person.

 

 

10000SB1607ham002- 198 -LRB100 11093 RLC 30479 a

1    (g) A person may only have one discharge and dismissal
2under this Section within a 4-year period.
3    (h) Notwithstanding subsection (a-1), if the court finds
4that the defendant suffers from a substance abuse problem, then
5before the person participates in the Program under this
6Section, the court may refer the person to the drug court
7established in that judicial circuit pursuant to Section 15 of
8the Drug Court Treatment Act. The drug court team shall
9evaluate the person's likelihood of successfully fulfilling
10the terms and conditions of the Program under this Section and
11shall report the results of its evaluation to the court. If the
12drug court team finds that the person suffers from a substance
13abuse problem that makes him or her substantially unlikely to
14successfully fulfill the terms and conditions of the Program,
15then the drug court shall set forth its findings in the form of
16a written order, and the person shall be ineligible to
17participate in the Program under this Section, but shall be
18considered for the drug court program.
19(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
20    (730 ILCS 5/5-6-3.4)
21    (Text of Section before amendment by P.A. 100-3)
22    Sec. 5-6-3.4. Second Chance Probation.
23    (a) Whenever any person who has not previously been
24convicted of, or placed on probation or conditional discharge
25for, any felony offense under the laws of this State, the laws

 

 

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1of any other state, or the laws of the United States, including
2probation under Section 410 of the Illinois Controlled
3Substances Act, Section 70 of the Methamphetamine Control and
4Community Protection Act, Section 10 of the Cannabis Control
5Act, subsection (c) of Section 11-14 of the Criminal Code of
62012, Treatment Alternatives for Criminal Justice Clients
7(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
8and Dependency Act, or prior successful completion of the
9Offender Initiative Program under Section 5-6-3.3 of this Code,
10and pleads guilty to, or is found guilty of, a probationable
11felony offense of possession of a controlled substance that is
12punishable as a Class 4 felony; possession of methamphetamine
13that is punishable as a Class 4 felony; theft that is
14punishable as a Class 3 felony based on the value of the
15property or punishable as a Class 4 felony if the theft was
16committed in a school or place of worship or if the theft was
17of governmental property; retail theft that is punishable as a
18Class 3 felony based on the value of the property; criminal
19damage to property that is punishable as a Class 4 felony;
20criminal damage to government supported property that is
21punishable as a Class 4 felony; or possession of cannabis which
22is punishable as a Class 4 felony, the court, with the consent
23of the defendant and the State's Attorney, may, without
24entering a judgment, sentence the defendant to probation under
25this Section.
26    (a-1) Exemptions. A defendant is not eligible for this

 

 

10000SB1607ham002- 200 -LRB100 11093 RLC 30479 a

1probation if the offense he or she pleads guilty to, or is
2found guilty of, is a violent offense, or he or she has
3previously been convicted of a violent offense. For purposes of
4this probation, a "violent offense" is any offense where bodily
5harm was inflicted or where force was used against any person
6or threatened against any person, any offense involving sexual
7conduct, sexual penetration, or sexual exploitation, any
8offense of domestic violence, domestic battery, violation of an
9order of protection, stalking, hate crime, driving under the
10influence of drugs or alcohol, and any offense involving the
11possession of a firearm or dangerous weapon. A defendant shall
12not be eligible for this probation if he or she has previously
13been adjudicated a delinquent minor for the commission of a
14violent offense as defined in this subsection.
15    (b) When a defendant is placed on probation, the court
16shall enter an order specifying a period of probation of not
17less than 24 months and shall defer further proceedings in the
18case until the conclusion of the period or until the filing of
19a petition alleging violation of a term or condition of
20probation.
21    (c) The conditions of probation shall be that the
22defendant:
23        (1) not violate any criminal statute of this State or
24    any other jurisdiction;
25        (2) refrain from possessing a firearm or other
26    dangerous weapon;

 

 

10000SB1607ham002- 201 -LRB100 11093 RLC 30479 a

1        (3) make full restitution to the victim or property
2    owner under Section 5-5-6 of this Code;
3        (4) obtain or attempt to obtain employment;
4        (5) pay fines and costs;
5        (6) attend educational courses designed to prepare the
6    defendant for obtaining a high school diploma or to work
7    toward passing high school equivalency testing or to work
8    toward completing a vocational training program;
9        (7) submit to periodic drug testing at a time and in a
10    manner as ordered by the court, but no less than 3 times
11    during the period of probation, with the cost of the
12    testing to be paid by the defendant; and
13        (8) perform a minimum of 30 hours of community service.
14    The court may give credit toward the fulfillment of
15    community service hours for participation in activities
16    and treatment as determined by court services.
17    (d) The court may, in addition to other conditions, require
18that the defendant:
19        (1) make a report to and appear in person before or
20    participate with the court or such courts, person, or
21    social service agency as directed by the court in the order
22    of probation;
23        (2) undergo medical or psychiatric treatment, or
24    treatment or rehabilitation approved by the Illinois
25    Department of Human Services;
26        (3) attend or reside in a facility established for the

 

 

10000SB1607ham002- 202 -LRB100 11093 RLC 30479 a

1    instruction or residence of defendants on probation;
2        (4) support his or her dependents; or
3        (5) refrain from having in his or her body the presence
4    of any illicit drug prohibited by the Methamphetamine
5    Control and Community Protection Act, the Cannabis Control
6    Act, or the Illinois Controlled Substances Act, unless
7    prescribed by a physician, and submit samples of his or her
8    blood or urine or both for tests to determine the presence
9    of any illicit drug.
10    (e) Upon violation of a term or condition of probation, the
11court may enter a judgment on its original finding of guilt and
12proceed as otherwise provided by law.
13    (f) Upon fulfillment of the terms and conditions of
14probation, the court shall discharge the person and dismiss the
15proceedings against the person.
16    (g) A disposition of probation is considered to be a
17conviction for the purposes of imposing the conditions of
18probation and for appeal; however, a discharge and dismissal
19under this Section is not a conviction for purposes of this
20Code or for purposes of disqualifications or disabilities
21imposed by law upon conviction of a crime.
22    (h) There may be only one discharge and dismissal under
23this Section, Section 410 of the Illinois Controlled Substances
24Act, Section 70 of the Methamphetamine Control and Community
25Protection Act, Section 10 of the Cannabis Control Act,
26Treatment Alternatives for Criminal Justice Clients (TASC)

 

 

10000SB1607ham002- 203 -LRB100 11093 RLC 30479 a

1under Article 40 of the Alcoholism and Other Drug Abuse and
2Dependency Act, the Offender Initiative Program under Section
35-6-3.3 of this Code, and subsection (c) of Section 11-14 of
4the Criminal Code of 2012 with respect to any person.
5    (i) If a person is convicted of any offense which occurred
6within 5 years subsequent to a discharge and dismissal under
7this Section, the discharge and dismissal under this Section
8shall be admissible in the sentencing proceeding for that
9conviction as evidence in aggravation.
10    (j) Notwithstanding subsection (a), if the court finds that
11the defendant suffers from a substance abuse problem, then
12before the person is placed on probation under this Section,
13the court may refer the person to the drug court established in
14that judicial circuit pursuant to Section 15 of the Drug Court
15Treatment Act. The drug court team shall evaluate the person's
16likelihood of successfully fulfilling the terms and conditions
17of probation under this Section and shall report the results of
18its evaluation to the court. If the drug court team finds that
19the person suffers from a substance abuse problem that makes
20him or her substantially unlikely to successfully fulfill the
21terms and conditions of probation under this Section, then the
22drug court shall set forth its findings in the form of a
23written order, and the person shall be ineligible to be placed
24on probation under this Section, but may be considered for the
25drug court program.
26(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,

 

 

10000SB1607ham002- 204 -LRB100 11093 RLC 30479 a

1eff. 9-9-15.)
 
2    (Text of Section after amendment by P.A. 100-3)
3    Sec. 5-6-3.4. Second Chance Probation.
4    (a) Whenever any person who has not previously been
5convicted of any felony offense under the laws of this State,
6the laws of any other state, or the laws of the United States,
7and pleads guilty to, or is found guilty of, possession of less
8than 15 grams of a controlled substance; possession of less
9than 15 grams of methamphetamine; or a probationable felony
10offense of possession of cannabis, theft, retail theft,
11forgery, deceptive practices, possession of a stolen motor
12vehicle, burglary, possession of burglary tools, disorderly
13conduct, criminal damage or trespass to property under Article
1421 of the Criminal Code of 2012, criminal trespass to a
15residence, an offense involving fraudulent identification, or
16obstructing justice; or possession of cannabis, the court, with
17the consent of the defendant and the State's Attorney, may,
18without entering a judgment, sentence the defendant to
19probation under this Section.
20    (a-1) Exemptions. A defendant is not eligible for this
21probation if the offense he or she pleads guilty to, or is
22found guilty of, is a violent offense, or he or she has
23previously been convicted of a violent offense. For purposes of
24this probation, a "violent offense" is any offense where bodily
25harm was inflicted or where force was used against any person

 

 

10000SB1607ham002- 205 -LRB100 11093 RLC 30479 a

1or threatened against any person, any offense involving sexual
2conduct, sexual penetration, or sexual exploitation, any
3offense of domestic violence, domestic battery, violation of an
4order of protection, stalking, hate crime, and any offense
5involving the possession of a firearm or dangerous weapon. A
6defendant shall not be eligible for this probation if he or she
7has previously been adjudicated a delinquent minor for the
8commission of a violent offense as defined in this subsection.
9    (b) When a defendant is placed on probation, the court
10shall enter an order specifying a period of probation of not
11less than 24 months and shall defer further proceedings in the
12case until the conclusion of the period or until the filing of
13a petition alleging violation of a term or condition of
14probation.
15    (c) The conditions of probation shall be that the
16defendant:
17        (1) not violate any criminal statute of this State or
18    any other jurisdiction;
19        (2) refrain from possessing a firearm or other
20    dangerous weapon;
21        (3) make full restitution to the victim or property
22    owner under Section 5-5-6 of this Code;
23        (4) obtain or attempt to obtain employment;
24        (5) pay fines and costs;
25        (6) attend educational courses designed to prepare the
26    defendant for obtaining a high school diploma or to work

 

 

10000SB1607ham002- 206 -LRB100 11093 RLC 30479 a

1    toward passing high school equivalency testing or to work
2    toward completing a vocational training program;
3        (7) submit to periodic drug testing at a time and in a
4    manner as ordered by the court, but no less than 3 times
5    during the period of probation, with the cost of the
6    testing to be paid by the defendant; and
7        (8) perform a minimum of 30 hours of community service.
8    The court may give credit toward the fulfillment of
9    community service hours for participation in activities
10    and treatment as determined by court services.
11    (d) The court may, in addition to other conditions, require
12that the defendant:
13        (1) make a report to and appear in person before or
14    participate with the court or such courts, person, or
15    social service agency as directed by the court in the order
16    of probation;
17        (2) undergo medical or psychiatric treatment, or
18    treatment or rehabilitation approved by the Illinois
19    Department of Human Services;
20        (3) attend or reside in a facility established for the
21    instruction or residence of defendants on probation;
22        (4) support his or her dependents; or
23        (5) refrain from having in his or her body the presence
24    of any illicit drug prohibited by the Methamphetamine
25    Control and Community Protection Act, the Cannabis Control
26    Act, or the Illinois Controlled Substances Act, unless

 

 

10000SB1607ham002- 207 -LRB100 11093 RLC 30479 a

1    prescribed by a physician, and submit samples of his or her
2    blood or urine or both for tests to determine the presence
3    of any illicit drug.
4    (e) Upon violation of a term or condition of probation, the
5court may enter a judgment on its original finding of guilt and
6proceed as otherwise provided by law.
7    (f) Upon fulfillment of the terms and conditions of
8probation, the court shall discharge the person and dismiss the
9proceedings against the person.
10    (g) A disposition of probation is considered to be a
11conviction for the purposes of imposing the conditions of
12probation and for appeal; however, a discharge and dismissal
13under this Section is not a conviction for purposes of this
14Code or for purposes of disqualifications or disabilities
15imposed by law upon conviction of a crime.
16    (h) A person may only have one discharge and dismissal
17under this Section within a 4-year period.
18    (i) If a person is convicted of any offense which occurred
19within 5 years subsequent to a discharge and dismissal under
20this Section, the discharge and dismissal under this Section
21shall be admissible in the sentencing proceeding for that
22conviction as evidence in aggravation.
23    (j) Notwithstanding subsection (a), if the court finds that
24the defendant suffers from a substance abuse problem, then
25before the person is placed on probation under this Section,
26the court may refer the person to the drug court established in

 

 

10000SB1607ham002- 208 -LRB100 11093 RLC 30479 a

1that judicial circuit pursuant to Section 15 of the Drug Court
2Treatment Act. The drug court team shall evaluate the person's
3likelihood of successfully fulfilling the terms and conditions
4of probation under this Section and shall report the results of
5its evaluation to the court. If the drug court team finds that
6the person suffers from a substance abuse problem that makes
7him or her substantially unlikely to successfully fulfill the
8terms and conditions of probation under this Section, then the
9drug court shall set forth its findings in the form of a
10written order, and the person shall be ineligible to be placed
11on probation under this Section, but shall be considered for
12the drug court program.
13(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18.)
 
14    (730 ILCS 5/5-8A-3)  (from Ch. 38, par. 1005-8A-3)
15    Sec. 5-8A-3. Application.
16    (a) Except as provided in subsection (d), a person charged
17with or convicted of an excluded offense may not be placed in
18an electronic monitoring or home detention program, except for
19bond pending trial or appeal or while on parole, aftercare
20release, or mandatory supervised release.
21    (b) A person serving a sentence for a conviction of a Class
221 felony, other than an excluded offense, may be placed in an
23electronic monitoring or home detention program for a period
24not to exceed the last 90 days of incarceration.
25    (c) A person serving a sentence for a conviction of a Class

 

 

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1X felony, other than an excluded offense, may be placed in an
2electronic monitoring or home detention program for a period
3not to exceed the last 90 days of incarceration, provided that
4the person was sentenced on or after August 11, 1993 (the
5effective date of Public Act 88-311) and provided that the
6court has not prohibited the program for the person in the
7sentencing order.
8    (d) A person serving a sentence for conviction of an
9offense other than for predatory criminal sexual assault of a
10child, aggravated criminal sexual assault, criminal sexual
11assault, aggravated criminal sexual abuse, or felony criminal
12sexual abuse, may be placed in an electronic monitoring or home
13detention program for a period not to exceed the last 12 months
14of incarceration, provided that (i) the person is 55 years of
15age or older; (ii) the person is serving a determinate
16sentence; (iii) the person has served at least 25% of the
17sentenced prison term; and (iv) placement in an electronic
18monitoring or home detention program is approved by the
19Prisoner Review Board or the Department of Juvenile Justice.
20    (e) A person serving a sentence for conviction of a Class
212, 3, or 4 felony offense which is not an excluded offense may
22be placed in an electronic monitoring or home detention program
23pursuant to Department administrative directives. These
24directives shall encourage inmates to apply for electronic
25detention to incentivize positive behavior and program
26participation prior to and following their return to the

 

 

10000SB1607ham002- 210 -LRB100 11093 RLC 30479 a

1community, consistent with Section 5-8A-4.2 of this Code. These
2directives shall not prohibit application solely for prior
3mandatory supervised release violation history, outstanding
4municipal warrants, current security classification, and prior
5criminal history, though these factors may be considered when
6reviewing individual applications in conjunction with
7additional factors, such as the applicant's institution
8behavior, program participation, and reentry plan.
9    (f) Applications for electronic monitoring or home
10detention may include the following:
11
12        (1) pretrial or pre-adjudicatory detention;
13        (2) probation;
14        (3) conditional discharge;
15        (4) periodic imprisonment;
16        (5) parole, aftercare release, or mandatory supervised
17    release;
18        (6) work release;
19        (7) furlough; or
20        (8) post-trial incarceration.
21    (g) A person convicted of an offense described in clause
22(4) or (5) of subsection (d) of Section 5-8-1 of this Code
23shall be placed in an electronic monitoring or home detention
24program for at least the first 2 years of the person's
25mandatory supervised release term.
26(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;

 

 

10000SB1607ham002- 211 -LRB100 11093 RLC 30479 a

1100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
 
2    (730 ILCS 5/5-8A-4.2 new)
3    Sec. 5-8A-4.2. Successful transition to the community.
4    (a) The Department shall engage in reentry planning to
5include individualized case planning for persons preparing to
6be released to the community. This planning shall begin at
7intake and be supported throughout the term of incarceration,
8with a focused emphasis in the year prior to the inmate's
9mandatory statutory release date. All inmates within one year
10of their mandatory statutory release data shall be deemed to be
11in reentry status. The Department shall develop administrative
12directives to define reentry