Rep. Constance A. Howard

Filed: 5/21/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1391

2     AMENDMENT NO. ______. Amend Senate Bill 1391 on page 1, by
3 replacing lines 4 and 5 with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 changing Sections 3-3-7, 3-6-2, 3-6-3, and 5-5-3 as follows:";
6 and
 
7 on page 9, by inserting immediately below line 16 the
8 following:
 
9     "(730 ILCS 5/3-6-2)  (from Ch. 38, par. 1003-6-2)
10     Sec. 3-6-2. Institutions and Facility Administration.
11     (a) Each institution and facility of the Department shall
12 be administered by a chief administrative officer appointed by
13 the Director. A chief administrative officer shall be
14 responsible for all persons assigned to the institution or
15 facility. The chief administrative officer shall administer

 

 

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1 the programs of the Department for the custody and treatment of
2 such persons.
3     (b) The chief administrative officer shall have such
4 assistants as the Department may assign.
5     (c) The Director or Assistant Director shall have the
6 emergency powers to temporarily transfer individuals without
7 formal procedures to any State, county, municipal or regional
8 correctional or detention institution or facility in the State,
9 subject to the acceptance of such receiving institution or
10 facility, or to designate any reasonably secure place in the
11 State as such an institution or facility and to make transfers
12 thereto. However, transfers made under emergency powers shall
13 be reviewed as soon as practicable under Article 8, and shall
14 be subject to Section 5-905 of the Juvenile Court Act of 1987.
15 This Section shall not apply to transfers to the Department of
16 Human Services which are provided for under Section 3-8-5 or
17 Section 3-10-5.
18     (d) Subject to appropriation, the The Department shall
19 provide educational programs for all committed persons so that
20 all persons have an opportunity to attain the achievement level
21 equivalent to the completion of an associate, baccalaureate, or
22 higher degree from a community college, college, or university
23 located in Illinois the twelfth grade in the public school
24 system in this State. Professional Other higher levels of
25 attainment shall be encouraged and professional instruction
26 shall be maintained wherever possible. The Department may

 

 

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1 establish programs of mandatory education and may establish
2 rules and regulations for the administration of such programs.
3 Subject to appropriation, the costs of such educational
4 programs shall be paid by the Department A person committed to
5 the Department who, during the period of his or her
6 incarceration, participates in an educational program provided
7 by or through the Department and through that program is
8 awarded or earns the number of hours of credit required for the
9 award of an associate, baccalaureate, or higher degree from a
10 community college, college, or university located in Illinois
11 shall reimburse the State, through the Department, for the
12 costs incurred by the State in providing that person during his
13 or her incarceration with the education that qualifies him or
14 her for the award of that degree. The costs for which
15 reimbursement is required under this subsection shall be
16 determined and computed by the Department under rules and
17 regulations that it shall establish for that purpose. However,
18 interest at the rate of 6% per annum shall be charged on the
19 balance of those costs from time to time remaining unpaid, from
20 the date of the person's parole, mandatory supervised release,
21 or release constituting a final termination of his or her
22 commitment to the Department until paid.
23     (d-5) A person committed to the Department is entitled to
24 confidential testing for infection with human immunodeficiency
25 virus (HIV) and to counseling in connection with such testing,
26 with no copay to the committed person. A person committed to

 

 

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1 the Department who has tested positive for infection with HIV
2 is entitled to medical care while incarcerated, counseling, and
3 referrals to support services, in connection with that positive
4 test result. Implementation of this subsection (d-5) is subject
5 to appropriation.
6     (e) A person committed to the Department who becomes in
7 need of medical or surgical treatment but is incapable of
8 giving consent thereto shall receive such medical or surgical
9 treatment by the chief administrative officer consenting on the
10 person's behalf. Before the chief administrative officer
11 consents, he or she shall obtain the advice of one or more
12 physicians licensed to practice medicine in all its branches in
13 this State. If such physician or physicians advise:
14         (1) that immediate medical or surgical treatment is
15     required relative to a condition threatening to cause
16     death, damage or impairment to bodily functions, or
17     disfigurement; and
18         (2) that the person is not capable of giving consent to
19     such treatment; the chief administrative officer may give
20     consent for such medical or surgical treatment, and such
21     consent shall be deemed to be the consent of the person for
22     all purposes, including, but not limited to, the authority
23     of a physician to give such treatment.
24     (e-5) If a physician providing medical care to a committed
25 person on behalf of the Department advises the chief
26 administrative officer that the committed person's mental or

 

 

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1 physical health has deteriorated as a result of the cessation
2 of ingestion of food or liquid to the point where medical or
3 surgical treatment is required to prevent death, damage, or
4 impairment to bodily functions, the chief administrative
5 officer may authorize such medical or surgical treatment.
6     (f) In the event that the person requires medical care and
7 treatment at a place other than the institution or facility,
8 the person may be removed therefrom under conditions prescribed
9 by the Department. The Department shall require the committed
10 person receiving medical or dental services on a non-emergency
11 basis to pay a $2 co-payment to the Department for each visit
12 for medical or dental services. The amount of each co-payment
13 shall be deducted from the committed person's individual
14 account. A committed person who has a chronic illness, as
15 defined by Department rules and regulations, shall be exempt
16 from the $2 co-payment for treatment of the chronic illness. A
17 committed person shall not be subject to a $2 co-payment for
18 follow-up visits ordered by a physician, who is employed by, or
19 contracts with, the Department. A committed person who is
20 indigent is exempt from the $2 co-payment and is entitled to
21 receive medical or dental services on the same basis as a
22 committed person who is financially able to afford the
23 co-payment. Notwithstanding any other provision in this
24 subsection (f) to the contrary, any person committed to any
25 facility operated by the Department of Juvenile Justice, as set
26 forth in Section 3-2.5-15 of this Code, is exempt from the

 

 

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1 co-payment requirement for the duration of confinement in those
2 facilities.
3     (g) Any person having sole custody of a child at the time
4 of commitment or any woman giving birth to a child after her
5 commitment, may arrange through the Department of Children and
6 Family Services for suitable placement of the child outside of
7 the Department of Corrections. The Director of the Department
8 of Corrections may determine that there are special reasons why
9 the child should continue in the custody of the mother until
10 the child is 6 years old.
11     (h) The Department may provide Family Responsibility
12 Services which may consist of, but not be limited to the
13 following:
14         (1) family advocacy counseling;
15         (2) parent self-help group;
16         (3) parenting skills training;
17         (4) parent and child overnight program;
18         (5) parent and child reunification counseling, either
19     separately or together, preceding the inmate's release;
20     and
21         (6) a prerelease reunification staffing involving the
22     family advocate, the inmate and the child's counselor, or
23     both and the inmate.
24     (i) Prior to the release of any inmate who has a documented
25 history of intravenous drug use, and upon the receipt of that
26 inmate's written informed consent, the Department shall

 

 

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1 provide for the testing of such inmate for infection with human
2 immunodeficiency virus (HIV) and any other identified
3 causative agent of acquired immunodeficiency syndrome (AIDS).
4 The testing provided under this subsection shall consist of an
5 enzyme-linked immunosorbent assay (ELISA) test or such other
6 test as may be approved by the Illinois Department of Public
7 Health. If the test result is positive, the Western Blot Assay
8 or more reliable confirmatory test shall be administered. All
9 inmates tested in accordance with the provisions of this
10 subsection shall be provided with pre-test and post-test
11 counseling. Notwithstanding any provision of this subsection
12 to the contrary, the Department shall not be required to
13 conduct the testing and counseling required by this subsection
14 unless sufficient funds to cover all costs of such testing and
15 counseling are appropriated for that purpose by the General
16 Assembly.
17     (j) Any person convicted of a sex offense as defined in the
18 Sex Offender Management Board Act shall be required to receive
19 a sex offender evaluation prior to release into the community
20 from the Department of Corrections. The sex offender evaluation
21 shall be conducted in conformance with the standards and
22 guidelines developed under the Sex Offender Management Board
23 Act and by an evaluator approved by the Board.
24     (k) Any minor committed to the Department of Juvenile
25 Justice for a sex offense as defined by the Sex Offender
26 Management Board Act shall be required to undergo sex offender

 

 

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1 treatment by a treatment provider approved by the Board and
2 conducted in conformance with the Sex Offender Management Board
3 Act.
4     (l) Prior to the release of any inmate, the Department must
5 provide the inmate with the option of testing for infection
6 with human immunodeficiency virus (HIV), as well as counseling
7 in connection with such testing, with no copayment for the
8 test. At the same time, the Department shall require each such
9 inmate to sign a form stating that the inmate has been informed
10 of his or her rights with respect to the testing required to be
11 offered under this subsection (l) and providing the inmate with
12 an opportunity to indicate either that he or she wants to be
13 tested or that he or she does not want to be tested. The
14 Department, in consultation with the Department of Public
15 Health, shall prescribe the contents of the form. The testing
16 provided under this subsection (l) shall consist of an
17 enzyme-linked immunosorbent assay (ELISA) test or any other
18 test approved by the Department of Public Health. If the test
19 result is positive, the Western Blot Assay or more reliable
20 confirmatory test shall be administered.
21     Prior to the release of an inmate who the Department knows
22 has tested positive for infection with HIV, the Department in a
23 timely manner shall offer the inmate transitional case
24 management, including referrals to other support services.
25     Implementation of this subsection (l) is subject to
26 appropriation.

 

 

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1 (Source: P.A. 93-616, eff. 1-1-04; 93-928, eff. 1-1-05; 94-629,
2 eff. 1-1-06; 94-696, eff. 6-1-06.)
 
3     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
4     Sec. 3-6-3. Rules and Regulations for Early Release.
5         (a) (1) The Department of Corrections shall prescribe
6     rules and regulations for the early release on account of
7     good conduct of persons committed to the Department which
8     shall be subject to review by the Prisoner Review Board.
9         (2) The rules and regulations on early release shall
10     provide, with respect to offenses listed in clause (i),
11     (ii), or (iii) of this paragraph (2) committed on or after
12     June 19, 1998 or with respect to the offense listed in
13     clause (iv) of this paragraph (2) committed on or after
14     June 23, 2005 (the effective date of Public Act 94-71) or
15     with respect to the offense of being an armed habitual
16     criminal committed on or after August 2, 2005 (the
17     effective date of Public Act 94-398), the following:
18             (i) that a prisoner who is serving a term of
19         imprisonment for first degree murder or for the offense
20         of terrorism shall receive no good conduct credit and
21         shall serve the entire sentence imposed by the court;
22             (ii) that a prisoner serving a sentence for attempt
23         to commit first degree murder, solicitation of murder,
24         solicitation of murder for hire, intentional homicide
25         of an unborn child, predatory criminal sexual assault

 

 

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1         of a child, aggravated criminal sexual assault,
2         criminal sexual assault, aggravated kidnapping,
3         aggravated battery with a firearm, heinous battery,
4         being an armed habitual criminal, aggravated battery
5         of a senior citizen, or aggravated battery of a child
6         shall receive no more than 4.5 days of good conduct
7         credit for each month of his or her sentence of
8         imprisonment;
9             (iii) that a prisoner serving a sentence for home
10         invasion, armed robbery, aggravated vehicular
11         hijacking, aggravated discharge of a firearm, or armed
12         violence with a category I weapon or category II
13         weapon, when the court has made and entered a finding,
14         pursuant to subsection (c-1) of Section 5-4-1 of this
15         Code, that the conduct leading to conviction for the
16         enumerated offense resulted in great bodily harm to a
17         victim, shall receive no more than 4.5 days of good
18         conduct credit for each month of his or her sentence of
19         imprisonment; and
20             (iv) that a prisoner serving a sentence for
21         aggravated discharge of a firearm, whether or not the
22         conduct leading to conviction for the offense resulted
23         in great bodily harm to the victim, shall receive no
24         more than 4.5 days of good conduct credit for each
25         month of his or her sentence of imprisonment.
26         (2.1) For all offenses, other than those enumerated in

 

 

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1     subdivision (a)(2)(i), (ii), or (iii) committed on or after
2     June 19, 1998 or subdivision (a)(2)(iv) committed on or
3     after June 23, 2005 (the effective date of Public Act
4     94-71), and other than the offense of reckless homicide as
5     defined in subsection (e) of Section 9-3 of the Criminal
6     Code of 1961 committed on or after January 1, 1999, or
7     aggravated driving under the influence of alcohol, other
8     drug or drugs, or intoxicating compound or compounds, or
9     any combination thereof as defined in subparagraph (F) of
10     paragraph (1) of subsection (d) of Section 11-501 of the
11     Illinois Vehicle Code, the rules and regulations shall
12     provide that a prisoner who is serving a term of
13     imprisonment shall receive one day of good conduct credit
14     for each day of his or her sentence of imprisonment or
15     recommitment under Section 3-3-9. Each day of good conduct
16     credit shall reduce by one day the prisoner's period of
17     imprisonment or recommitment under Section 3-3-9.
18         (2.2) A prisoner serving a term of natural life
19     imprisonment or a prisoner who has been sentenced to death
20     shall receive no good conduct credit.
21         (2.3) The rules and regulations on early release shall
22     provide that a prisoner who is serving a sentence for
23     reckless homicide as defined in subsection (e) of Section
24     9-3 of the Criminal Code of 1961 committed on or after
25     January 1, 1999, or aggravated driving under the influence
26     of alcohol, other drug or drugs, or intoxicating compound

 

 

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1     or compounds, or any combination thereof as defined in
2     subparagraph (F) of paragraph (1) of subsection (d) of
3     Section 11-501 of the Illinois Vehicle Code, shall receive
4     no more than 4.5 days of good conduct credit for each month
5     of his or her sentence of imprisonment.
6         (2.4) The rules and regulations on early release shall
7     provide with respect to the offenses of aggravated battery
8     with a machine gun or a firearm equipped with any device or
9     attachment designed or used for silencing the report of a
10     firearm or aggravated discharge of a machine gun or a
11     firearm equipped with any device or attachment designed or
12     used for silencing the report of a firearm, committed on or
13     after July 15, 1999 (the effective date of Public Act
14     91-121), that a prisoner serving a sentence for any of
15     these offenses shall receive no more than 4.5 days of good
16     conduct credit for each month of his or her sentence of
17     imprisonment.
18         (2.5) The rules and regulations on early release shall
19     provide that a prisoner who is serving a sentence for
20     aggravated arson committed on or after July 27, 2001 (the
21     effective date of Public Act 92-176) shall receive no more
22     than 4.5 days of good conduct credit for each month of his
23     or her sentence of imprisonment.
24         (3) The rules and regulations shall also provide that
25     the Director may award up to 180 days additional good
26     conduct credit for meritorious service in specific

 

 

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1     instances as the Director deems proper; except that no more
2     than 90 days of good conduct credit for meritorious service
3     shall be awarded to any prisoner who is serving a sentence
4     for conviction of first degree murder, reckless homicide
5     while under the influence of alcohol or any other drug, or
6     aggravated driving under the influence of alcohol, other
7     drug or drugs, or intoxicating compound or compounds, or
8     any combination thereof as defined in subparagraph (F) of
9     paragraph (1) of subsection (d) of Section 11-501 of the
10     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
11     predatory criminal sexual assault of a child, aggravated
12     criminal sexual assault, criminal sexual assault, deviate
13     sexual assault, aggravated criminal sexual abuse,
14     aggravated indecent liberties with a child, indecent
15     liberties with a child, child pornography, heinous
16     battery, aggravated battery of a spouse, aggravated
17     battery of a spouse with a firearm, stalking, aggravated
18     stalking, aggravated battery of a child, endangering the
19     life or health of a child, cruelty to a child, or narcotic
20     racketeering. Notwithstanding the foregoing, good conduct
21     credit for meritorious service shall not be awarded on a
22     sentence of imprisonment imposed for conviction of: (i) one
23     of the offenses enumerated in subdivision (a)(2)(i), (ii),
24     or (iii) when the offense is committed on or after June 19,
25     1998 or subdivision (a)(2)(iv) when the offense is
26     committed on or after June 23, 2005 (the effective date of

 

 

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1     Public Act 94-71), (ii) reckless homicide as defined in
2     subsection (e) of Section 9-3 of the Criminal Code of 1961
3     when the offense is committed on or after January 1, 1999,
4     or aggravated driving under the influence of alcohol, other
5     drug or drugs, or intoxicating compound or compounds, or
6     any combination thereof as defined in subparagraph (F) of
7     paragraph (1) of subsection (d) of Section 11-501 of the
8     Illinois Vehicle Code, (iii) one of the offenses enumerated
9     in subdivision (a)(2.4) when the offense is committed on or
10     after July 15, 1999 (the effective date of Public Act
11     91-121), or (iv) aggravated arson when the offense is
12     committed on or after July 27, 2001 (the effective date of
13     Public Act 92-176).
14         (4) The rules and regulations shall also provide that
15     the good conduct credit accumulated and retained under
16     paragraph (2.1) of subsection (a) of this Section by any
17     inmate during specific periods of time in which such inmate
18     is engaged full-time in substance abuse programs,
19     correctional industry assignments, or educational programs
20     provided by the Department under this paragraph (4) and
21     satisfactorily completes the assigned program as
22     determined by the standards of the Department, shall be
23     multiplied by a factor of 1.25 for program participation
24     before August 11, 1993 and 1.50 for program participation
25     on or after that date. However, no inmate shall be eligible
26     for the additional good conduct credit under this paragraph

 

 

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1     (4) or (4.1) of this subsection (a) while assigned to a
2     boot camp or electronic detention, or if convicted of an
3     offense enumerated in subdivision (a)(2)(i), (ii), or
4     (iii) of this Section that is committed on or after June
5     19, 1998 or subdivision (a)(2)(iv) of this Section that is
6     committed on or after June 23, 2005 (the effective date of
7     Public Act 94-71), or if convicted of reckless homicide as
8     defined in subsection (e) of Section 9-3 of the Criminal
9     Code of 1961 if the offense is committed on or after
10     January 1, 1999, or aggravated driving under the influence
11     of alcohol, other drug or drugs, or intoxicating compound
12     or compounds, or any combination thereof as defined in
13     subparagraph (F) of paragraph (1) of subsection (d) of
14     Section 11-501 of the Illinois Vehicle Code, or if
15     convicted of an offense enumerated in paragraph (a)(2.4) of
16     this Section that is committed on or after July 15, 1999
17     (the effective date of Public Act 91-121), or first degree
18     murder, a Class X felony, criminal sexual assault, felony
19     criminal sexual abuse, aggravated criminal sexual abuse,
20     aggravated battery with a firearm, or any predecessor or
21     successor offenses with the same or substantially the same
22     elements, or any inchoate offenses relating to the
23     foregoing offenses. No inmate shall be eligible for the
24     additional good conduct credit under this paragraph (4) who
25     (i) has previously received increased good conduct credit
26     under this paragraph (4) and has subsequently been

 

 

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1     convicted of a felony, or (ii) has previously served more
2     than one prior sentence of imprisonment for a felony in an
3     adult correctional facility.
4         Educational, vocational, substance abuse and
5     correctional industry programs under which good conduct
6     credit may be increased under this paragraph (4) and
7     paragraph (4.1) of this subsection (a) shall be evaluated
8     by the Department on the basis of documented standards. The
9     Department shall report the results of these evaluations to
10     the Governor and the General Assembly by September 30th of
11     each year. The reports shall include data relating to the
12     recidivism rate among program participants.
13         Availability of these programs shall be subject to the
14     limits of fiscal resources appropriated by the General
15     Assembly for these purposes. Eligible inmates who are
16     denied immediate admission shall be placed on a waiting
17     list under criteria established by the Department. The
18     inability of any inmate to become engaged in any such
19     programs by reason of insufficient program resources or for
20     any other reason established under the rules and
21     regulations of the Department shall not be deemed a cause
22     of action under which the Department or any employee or
23     agent of the Department shall be liable for damages to the
24     inmate.
25         (4.1) The rules and regulations shall also provide that
26     an additional 180 60 days of good conduct credit shall be

 

 

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1     awarded to any prisoner who passes the high school level
2     Test of General Educational Development (GED) while the
3     prisoner is incarcerated. The good conduct credit awarded
4     under this paragraph (4.1) shall be in addition to, and
5     shall not affect, the award of good conduct under any other
6     paragraph of this Section, but shall also be pursuant to
7     the guidelines and restrictions set forth in paragraph (4)
8     of subsection (a) of this Section. The good conduct credit
9     provided for in this paragraph shall be available only to
10     those prisoners who have not previously earned a high
11     school diploma or a GED. If, after an award of the GED good
12     conduct credit has been made and the Department determines
13     that the prisoner was not eligible, then the award shall be
14     revoked.
15         (4.5) The rules and regulations on early release shall
16     also provide that when the court's sentencing order
17     recommends a prisoner for substance abuse treatment and the
18     crime was committed on or after September 1, 2003 (the
19     effective date of Public Act 93-354), the prisoner shall
20     receive no good conduct credit awarded under clause (3) of
21     this subsection (a) unless he or she participates in and
22     completes a substance abuse treatment program. The
23     Director may waive the requirement to participate in or
24     complete a substance abuse treatment program and award the
25     good conduct credit in specific instances if the prisoner
26     is not a good candidate for a substance abuse treatment

 

 

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1     program for medical, programming, or operational reasons.
2     Availability of substance abuse treatment shall be subject
3     to the limits of fiscal resources appropriated by the
4     General Assembly for these purposes. If treatment is not
5     available and the requirement to participate and complete
6     the treatment has not been waived by the Director, the
7     prisoner shall be placed on a waiting list under criteria
8     established by the Department. The Director may allow a
9     prisoner placed on a waiting list to participate in and
10     complete a substance abuse education class or attend
11     substance abuse self-help meetings in lieu of a substance
12     abuse treatment program. A prisoner on a waiting list who
13     is not placed in a substance abuse program prior to release
14     may be eligible for a waiver and receive good conduct
15     credit under clause (3) of this subsection (a) at the
16     discretion of the Director.
17         (4.6) Due to the importance of education on recidivism,
18     the rules and regulations shall also provide that 90 days
19     of early release from parole shall be awarded to any
20     parolee who passes the high school level Test of General
21     Educational Development (GED) while the parolee is on
22     parole. The early release from parole awarded under this
23     paragraph (4.6) shall be in addition to, and shall not be
24     affected by, the award of good conduct under any other
25     paragraph of this Section, but shall not be pursuant to the
26     guidelines and restrictions set forth in paragraph (4) of

 

 

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1     this subsection (a). The early release from parole provided
2     for in this paragraph shall be available only to parolees
3     who have not yet previously earned a high school diploma or
4     a GED.
5         (5) Whenever the Department is to release any inmate
6     earlier than it otherwise would because of a grant of good
7     conduct credit for meritorious service given at any time
8     during the term, the Department shall give reasonable
9     advance notice of the impending release to the State's
10     Attorney of the county where the prosecution of the inmate
11     took place.
12     (b) Whenever a person is or has been committed under
13 several convictions, with separate sentences, the sentences
14 shall be construed under Section 5-8-4 in granting and
15 forfeiting of good time.
16     (c) The Department shall prescribe rules and regulations
17 for revoking good conduct credit, or suspending or reducing the
18 rate of accumulation of good conduct credit for specific rule
19 violations, during imprisonment. These rules and regulations
20 shall provide that no inmate may be penalized more than one
21 year of good conduct credit for any one infraction.
22     When the Department seeks to revoke, suspend or reduce the
23 rate of accumulation of any good conduct credits for an alleged
24 infraction of its rules, it shall bring charges therefor
25 against the prisoner sought to be so deprived of good conduct
26 credits before the Prisoner Review Board as provided in

 

 

09500SB1391ham001 - 20 - LRB095 11016 RLC 35686 a

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

 

 

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

 

 

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1         or by a nonfrivolous argument for the extension,
2         modification, or reversal of existing law or the
3         establishment of new law;
4             (D) the allegations and other factual contentions
5         do not have evidentiary support or, if specifically so
6         identified, are not likely to have evidentiary support
7         after a reasonable opportunity for further
8         investigation or discovery; or
9             (E) the denials of factual contentions are not
10         warranted on the evidence, or if specifically so
11         identified, are not reasonably based on a lack of
12         information or belief.
13         (2) "Lawsuit" means a petition for post-conviction
14     relief under Article 122 of the Code of Criminal Procedure
15     of 1963, a motion pursuant to Section 116-3 of the Code of
16     Criminal Procedure of 1963, a habeas corpus action under
17     Article X of the Code of Civil Procedure or under federal
18     law (28 U.S.C. 2254), a petition for claim under the Court
19     of Claims Act or an action under the federal Civil Rights
20     Act (42 U.S.C. 1983).
21     (e) Nothing in Public Act 90-592 or 90-593 affects the
22 validity of Public Act 89-404.
23 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
24 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
25 eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
 

 

 

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1     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
2     Sec. 5-5-3. Disposition.
3     (a) Except as provided in Section 11-501 of the Illinois
4 Vehicle Code, every person convicted of an offense shall be
5 sentenced as provided in this Section.
6     (b) The following options shall be appropriate
7 dispositions, alone or in combination, for all felonies and
8 misdemeanors other than those identified in subsection (c) of
9 this Section:
10         (1) A period of probation.
11         (2) A term of periodic imprisonment.
12         (3) A term of conditional discharge.
13         (4) A term of imprisonment.
14         (5) An order directing the offender to clean up and
15     repair the damage, if the offender was convicted under
16     paragraph (h) of Section 21-1 of the Criminal Code of 1961
17     (now repealed).
18         (6) A fine.
19         (7) An order directing the offender to make restitution
20     to the victim under Section 5-5-6 of this Code.
21         (8) A sentence of participation in a county impact
22     incarceration program under Section 5-8-1.2 of this Code.
23         (9) A term of imprisonment in combination with a term
24     of probation when the offender has been admitted into a
25     drug court program under Section 20 of the Drug Court
26     Treatment Act.

 

 

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1     Neither a fine nor restitution shall be the sole
2 disposition for a felony and either or both may be imposed only
3 in conjunction with another disposition.
4     (c) (1) When a defendant is found guilty of first degree
5     murder the State may either seek a sentence of imprisonment
6     under Section 5-8-1 of this Code, or where appropriate seek
7     a sentence of death under Section 9-1 of the Criminal Code
8     of 1961.
9         (2) A period of probation, a term of periodic
10     imprisonment or conditional discharge shall not be imposed
11     for the following offenses. The court shall sentence the
12     offender to not less than the minimum term of imprisonment
13     set forth in this Code for the following offenses, and may
14     order a fine or restitution or both in conjunction with
15     such term of imprisonment:
16             (A) First degree murder where the death penalty is
17         not imposed.
18             (B) Attempted first degree murder.
19             (C) A Class X felony.
20             (D) A violation of Section 401.1 or 407 of the
21         Illinois Controlled Substances Act, or a violation of
22         subdivision (c)(1) or (c)(2) of Section 401 of that Act
23         which relates to more than 5 grams of a substance
24         containing heroin or cocaine or an analog thereof.
25             (E) A violation of Section 5.1 or 9 of the Cannabis
26         Control Act.

 

 

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1             (F) A Class 2 or greater felony if the offender had
2         been convicted of a Class 2 or greater felony within 10
3         years of the date on which the offender committed the
4         offense for which he or she is being sentenced, except
5         as otherwise provided in Section 40-10 of the
6         Alcoholism and Other Drug Abuse and Dependency Act.
7             (F-5) A violation of Section 24-1, 24-1.1, or
8         24-1.6 of the Criminal Code of 1961 for which
9         imprisonment is prescribed in those Sections.
10             (G) Residential burglary, except as otherwise
11         provided in Section 40-10 of the Alcoholism and Other
12         Drug Abuse and Dependency Act.
13             (H) Criminal sexual assault.
14             (I) Aggravated battery of a senior citizen.
15             (J) A forcible felony if the offense was related to
16         the activities of an organized gang.
17             Before July 1, 1994, for the purposes of this
18         paragraph, "organized gang" means an association of 5
19         or more persons, with an established hierarchy, that
20         encourages members of the association to perpetrate
21         crimes or provides support to the members of the
22         association who do commit crimes.
23             Beginning July 1, 1994, for the purposes of this
24         paragraph, "organized gang" has the meaning ascribed
25         to it in Section 10 of the Illinois Streetgang
26         Terrorism Omnibus Prevention Act.

 

 

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1             (K) Vehicular hijacking.
2             (L) A second or subsequent conviction for the
3         offense of hate crime when the underlying offense upon
4         which the hate crime is based is felony aggravated
5         assault or felony mob action.
6             (M) A second or subsequent conviction for the
7         offense of institutional vandalism if the damage to the
8         property exceeds $300.
9             (N) A Class 3 felony violation of paragraph (1) of
10         subsection (a) of Section 2 of the Firearm Owners
11         Identification Card Act.
12             (O) A violation of Section 12-6.1 of the Criminal
13         Code of 1961.
14             (P) A violation of paragraph (1), (2), (3), (4),
15         (5), or (7) of subsection (a) of Section 11-20.1 of the
16         Criminal Code of 1961.
17             (Q) A violation of Section 20-1.2 or 20-1.3 of the
18         Criminal Code of 1961.
19             (R) A violation of Section 24-3A of the Criminal
20         Code of 1961.
21             (S) (Blank).
22             (T) A second or subsequent violation of the
23         Methamphetamine Control and Community Protection Act.
24         (3) (Blank).
25         (4) A minimum term of imprisonment of not less than 10
26     consecutive days or 30 days of community service shall be

 

 

09500SB1391ham001 - 27 - LRB095 11016 RLC 35686 a

1     imposed for a violation of paragraph (c) of Section 6-303
2     of the Illinois Vehicle Code.
3         (4.1) (Blank).
4         (4.2) Except as provided in paragraph (4.3) of this
5     subsection (c), a minimum of 100 hours of community service
6     shall be imposed for a second violation of Section 6-303 of
7     the Illinois Vehicle Code.
8         (4.3) A minimum term of imprisonment of 30 days or 300
9     hours of community service, as determined by the court,
10     shall be imposed for a second violation of subsection (c)
11     of Section 6-303 of the Illinois Vehicle Code.
12         (4.4) Except as provided in paragraph (4.5) and
13     paragraph (4.6) of this subsection (c), a minimum term of
14     imprisonment of 30 days or 300 hours of community service,
15     as determined by the court, shall be imposed for a third or
16     subsequent violation of Section 6-303 of the Illinois
17     Vehicle Code.
18         (4.5) A minimum term of imprisonment of 30 days shall
19     be imposed for a third violation of subsection (c) of
20     Section 6-303 of the Illinois Vehicle Code.
21         (4.6) A minimum term of imprisonment of 180 days shall
22     be imposed for a fourth or subsequent violation of
23     subsection (c) of Section 6-303 of the Illinois Vehicle
24     Code.
25         (5) The court may sentence an offender convicted of a
26     business offense or a petty offense or a corporation or

 

 

09500SB1391ham001 - 28 - LRB095 11016 RLC 35686 a

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

 

 

09500SB1391ham001 - 29 - LRB095 11016 RLC 35686 a

1     violation resulted in the death of another person.
2         (5.4) In addition to any penalties imposed under
3     paragraph (5) of this subsection (c), a person convicted of
4     violating Section 3-707 of the Illinois Vehicle Code shall
5     have his or her driver's license, permit, or privileges
6     suspended for 3 months and until he or she has paid a
7     reinstatement fee of $100.
8         (5.5) In addition to any penalties imposed under
9     paragraph (5) of this subsection (c), a person convicted of
10     violating Section 3-707 of the Illinois Vehicle Code during
11     a period in which his or her driver's license, permit, or
12     privileges were suspended for a previous violation of that
13     Section shall have his or her driver's license, permit, or
14     privileges suspended for an additional 6 months after the
15     expiration of the original 3-month suspension and until he
16     or she has paid a reinstatement fee of $100.
17         (6) In no case shall an offender be eligible for a
18     disposition of probation or conditional discharge for a
19     Class 1 felony committed while he was serving a term of
20     probation or conditional discharge for a felony.
21         (7) When a defendant is adjudged a habitual criminal
22     under Article 33B of the Criminal Code of 1961, the court
23     shall sentence the defendant to a term of natural life
24     imprisonment.
25         (8) When a defendant, over the age of 21 years, is
26     convicted of a Class 1 or Class 2 felony, after having

 

 

09500SB1391ham001 - 30 - LRB095 11016 RLC 35686 a

1     twice been convicted in any state or federal court of an
2     offense that contains the same elements as an offense now
3     classified in Illinois as a Class 2 or greater Class felony
4     and such charges are separately brought and tried and arise
5     out of different series of acts, such defendant shall be
6     sentenced as a Class X offender. This paragraph shall not
7     apply unless (1) the first felony was committed after the
8     effective date of this amendatory Act of 1977; and (2) the
9     second felony was committed after conviction on the first;
10     and (3) the third felony was committed after conviction on
11     the second. A person sentenced as a Class X offender under
12     this paragraph is not eligible to apply for treatment as a
13     condition of probation as provided by Section 40-10 of the
14     Alcoholism and Other Drug Abuse and Dependency Act.
15         (9) A defendant convicted of a second or subsequent
16     offense of ritualized abuse of a child may be sentenced to
17     a term of natural life imprisonment.
18         (10) (Blank).
19         (11) The court shall impose a minimum fine of $1,000
20     for a first offense and $2,000 for a second or subsequent
21     offense upon a person convicted of or placed on supervision
22     for battery when the individual harmed was a sports
23     official or coach at any level of competition and the act
24     causing harm to the sports official or coach occurred
25     within an athletic facility or within the immediate
26     vicinity of the athletic facility at which the sports

 

 

09500SB1391ham001 - 31 - LRB095 11016 RLC 35686 a

1     official or coach was an active participant of the athletic
2     contest held at the athletic facility. For the purposes of
3     this paragraph (11), "sports official" means a person at an
4     athletic contest who enforces the rules of the contest,
5     such as an umpire or referee; "athletic facility" means an
6     indoor or outdoor playing field or recreational area where
7     sports activities are conducted; and "coach" means a person
8     recognized as a coach by the sanctioning authority that
9     conducted the sporting event.
10         (12) A person may not receive a disposition of court
11     supervision for a violation of Section 5-16 of the Boat
12     Registration and Safety Act if that person has previously
13     received a disposition of court supervision for a violation
14     of that Section.
15     (d) In any case in which a sentence originally imposed is
16 vacated, the case shall be remanded to the trial court. The
17 trial court shall hold a hearing under Section 5-4-1 of the
18 Unified Code of Corrections which may include evidence of the
19 defendant's life, moral character and occupation during the
20 time since the original sentence was passed. The trial court
21 shall then impose sentence upon the defendant. The trial court
22 may impose any sentence which could have been imposed at the
23 original trial subject to Section 5-5-4 of the Unified Code of
24 Corrections. If a sentence is vacated on appeal or on
25 collateral attack due to the failure of the trier of fact at
26 trial to determine beyond a reasonable doubt the existence of a

 

 

09500SB1391ham001 - 32 - LRB095 11016 RLC 35686 a

1 fact (other than a prior conviction) necessary to increase the
2 punishment for the offense beyond the statutory maximum
3 otherwise applicable, either the defendant may be re-sentenced
4 to a term within the range otherwise provided or, if the State
5 files notice of its intention to again seek the extended
6 sentence, the defendant shall be afforded a new trial.
7     (e) In cases where prosecution for aggravated criminal
8 sexual abuse under Section 12-16 of the Criminal Code of 1961
9 results in conviction of a defendant who was a family member of
10 the victim at the time of the commission of the offense, the
11 court shall consider the safety and welfare of the victim and
12 may impose a sentence of probation only where:
13         (1) the court finds (A) or (B) or both are appropriate:
14             (A) the defendant is willing to undergo a court
15         approved counseling program for a minimum duration of 2
16         years; or
17             (B) the defendant is willing to participate in a
18         court approved plan including but not limited to the
19         defendant's:
20                 (i) removal from the household;
21                 (ii) restricted contact with the victim;
22                 (iii) continued financial support of the
23             family;
24                 (iv) restitution for harm done to the victim;
25             and
26                 (v) compliance with any other measures that

 

 

09500SB1391ham001 - 33 - LRB095 11016 RLC 35686 a

1             the court may deem appropriate; and
2         (2) the court orders the defendant to pay for the
3     victim's counseling services, to the extent that the court
4     finds, after considering the defendant's income and
5     assets, that the defendant is financially capable of paying
6     for such services, if the victim was under 18 years of age
7     at the time the offense was committed and requires
8     counseling as a result of the offense.
9     Probation may be revoked or modified pursuant to Section
10 5-6-4; except where the court determines at the hearing that
11 the defendant violated a condition of his or her probation
12 restricting contact with the victim or other family members or
13 commits another offense with the victim or other family
14 members, the court shall revoke the defendant's probation and
15 impose a term of imprisonment.
16     For the purposes of this Section, "family member" and
17 "victim" shall have the meanings ascribed to them in Section
18 12-12 of the Criminal Code of 1961.
19     (f) This Article shall not deprive a court in other
20 proceedings to order a forfeiture of property, to suspend or
21 cancel a license, to remove a person from office, or to impose
22 any other civil penalty.
23     (g) Whenever a defendant is convicted of an offense under
24 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
25 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
26 of the Criminal Code of 1961, the defendant shall undergo

 

 

09500SB1391ham001 - 34 - LRB095 11016 RLC 35686 a

1 medical testing to determine whether the defendant has any
2 sexually transmissible disease, including a test for infection
3 with human immunodeficiency virus (HIV) or any other identified
4 causative agent of acquired immunodeficiency syndrome (AIDS).
5 Any such medical test shall be performed only by appropriately
6 licensed medical practitioners and may include an analysis of
7 any bodily fluids as well as an examination of the defendant's
8 person. Except as otherwise provided by law, the results of
9 such test shall be kept strictly confidential by all medical
10 personnel involved in the testing and must be personally
11 delivered in a sealed envelope to the judge of the court in
12 which the conviction was entered for the judge's inspection in
13 camera. Acting in accordance with the best interests of the
14 victim and the public, the judge shall have the discretion to
15 determine to whom, if anyone, the results of the testing may be
16 revealed. The court shall notify the defendant of the test
17 results. The court shall also notify the victim if requested by
18 the victim, and if the victim is under the age of 15 and if
19 requested by the victim's parents or legal guardian, the court
20 shall notify the victim's parents or legal guardian of the test
21 results. The court shall provide information on the
22 availability of HIV testing and counseling at Department of
23 Public Health facilities to all parties to whom the results of
24 the testing are revealed and shall direct the State's Attorney
25 to provide the information to the victim when possible. A
26 State's Attorney may petition the court to obtain the results

 

 

09500SB1391ham001 - 35 - LRB095 11016 RLC 35686 a

1 of any HIV test administered under this Section, and the court
2 shall grant the disclosure if the State's Attorney shows it is
3 relevant in order to prosecute a charge of criminal
4 transmission of HIV under Section 12-16.2 of the Criminal Code
5 of 1961 against the defendant. The court shall order that the
6 cost of any such test shall be paid by the county and may be
7 taxed as costs against the convicted defendant.
8     (g-5) When an inmate is tested for an airborne communicable
9 disease, as determined by the Illinois Department of Public
10 Health including but not limited to tuberculosis, the results
11 of the test shall be personally delivered by the warden or his
12 or her designee in a sealed envelope to the judge of the court
13 in which the inmate must appear for the judge's inspection in
14 camera if requested by the judge. Acting in accordance with the
15 best interests of those in the courtroom, the judge shall have
16 the discretion to determine what if any precautions need to be
17 taken to prevent transmission of the disease in the courtroom.
18     (h) Whenever a defendant is convicted of an offense under
19 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20 defendant shall undergo medical testing to determine whether
21 the defendant has been exposed to human immunodeficiency virus
22 (HIV) or any other identified causative agent of acquired
23 immunodeficiency syndrome (AIDS). Except as otherwise provided
24 by law, the results of such test shall be kept strictly
25 confidential by all medical personnel involved in the testing
26 and must be personally delivered in a sealed envelope to the

 

 

09500SB1391ham001 - 36 - LRB095 11016 RLC 35686 a

1 judge of the court in which the conviction was entered for the
2 judge's inspection in camera. Acting in accordance with the
3 best interests of the public, the judge shall have the
4 discretion to determine to whom, if anyone, the results of the
5 testing may be revealed. The court shall notify the defendant
6 of a positive test showing an infection with the human
7 immunodeficiency virus (HIV). The court shall provide
8 information on the availability of HIV testing and counseling
9 at Department of Public Health facilities to all parties to
10 whom the results of the testing are revealed and shall direct
11 the State's Attorney to provide the information to the victim
12 when possible. A State's Attorney may petition the court to
13 obtain the results of any HIV test administered under this
14 Section, and the court shall grant the disclosure if the
15 State's Attorney shows it is relevant in order to prosecute a
16 charge of criminal transmission of HIV under Section 12-16.2 of
17 the Criminal Code of 1961 against the defendant. The court
18 shall order that the cost of any such test shall be paid by the
19 county and may be taxed as costs against the convicted
20 defendant.
21     (i) All fines and penalties imposed under this Section for
22 any violation of Chapters 3, 4, 6, and 11 of the Illinois
23 Vehicle Code, or a similar provision of a local ordinance, and
24 any violation of the Child Passenger Protection Act, or a
25 similar provision of a local ordinance, shall be collected and
26 disbursed by the circuit clerk as provided under Section 27.5

 

 

09500SB1391ham001 - 37 - LRB095 11016 RLC 35686 a

1 of the Clerks of Courts Act.
2     (j) In cases when prosecution for any violation of Section
3 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
4 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
5 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
6 Code of 1961, any violation of the Illinois Controlled
7 Substances Act, any violation of the Cannabis Control Act, or
8 any violation of the Methamphetamine Control and Community
9 Protection Act results in conviction, a disposition of court
10 supervision, or an order of probation granted under Section 10
11 of the Cannabis Control Act, Section 410 of the Illinois
12 Controlled Substance Act, or Section 70 of the Methamphetamine
13 Control and Community Protection Act of a defendant, the court
14 shall determine whether the defendant is employed by a facility
15 or center as defined under the Child Care Act of 1969, a public
16 or private elementary or secondary school, or otherwise works
17 with children under 18 years of age on a daily basis. When a
18 defendant is so employed, the court shall order the Clerk of
19 the Court to send a copy of the judgment of conviction or order
20 of supervision or probation to the defendant's employer by
21 certified mail. If the employer of the defendant is a school,
22 the Clerk of the Court shall direct the mailing of a copy of
23 the judgment of conviction or order of supervision or probation
24 to the appropriate regional superintendent of schools. The
25 regional superintendent of schools shall notify the State Board
26 of Education of any notification under this subsection.

 

 

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1     (j-5) A defendant at least 17 years of age who is convicted
2 of a felony and who has not been previously convicted of a
3 misdemeanor or felony and who is sentenced to a term of
4 imprisonment in the Illinois Department of Corrections shall as
5 a condition of his or her sentence be required by the court to
6 attend educational courses designed to prepare the defendant
7 for a high school diploma and to work toward a high school
8 diploma or to work toward passing the high school level Test of
9 General Educational Development (GED) or to work toward
10 completing a vocational training program offered by the
11 Department of Corrections. If a defendant fails to complete the
12 educational training required by his or her sentence during the
13 term of incarceration, the Prisoner Review Board shall, as a
14 condition of mandatory supervised release, require the
15 defendant, at his or her own expense, to pursue a course of
16 study toward a high school diploma or passage of the GED test.
17 Subject to appropriation, the costs of the educational courses
18 shall be paid by the Department. The Prisoner Review Board
19 shall revoke the mandatory supervised release of a defendant
20 who wilfully fails to comply with this subsection (j-5) upon
21 his or her release from confinement in a penal institution
22 while serving a mandatory supervised release term; however, the
23 inability of the defendant after making a good faith effort to
24 obtain financial aid or pay for the educational training shall
25 not be deemed a wilful failure to comply. The Prisoner Review
26 Board shall recommit the defendant whose mandatory supervised

 

 

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1 release term has been revoked under this subsection (j-5) as
2 provided in Section 3-3-9. This subsection (j-5) does not apply
3 to a defendant who has a high school diploma or has
4 successfully passed the GED test. This subsection (j-5) does
5 not apply to a defendant who is determined by the court to be
6 developmentally disabled or otherwise mentally incapable of
7 completing the educational or vocational program.
8     (j-6) Subject to appropriation, a defendant at least 17
9 years of age who has a high school diploma or who has passed
10 the high school level Test of General Educational Development
11 (GED) and who is convicted of a felony and who is sentenced to
12 a term of imprisonment in the Illinois Department of
13 Corrections shall be provided with an educational program that
14 leads to the completion of an associate, baccalaureate, or
15 higher degree as provided in subsection (d) of Section 3-6-2.
16     (k) A court may not impose a sentence or disposition for a
17 felony or misdemeanor that requires the defendant to be
18 implanted or injected with or to use any form of birth control.
19     (l) (A) Except as provided in paragraph (C) of subsection
20     (l), whenever a defendant, who is an alien as defined by
21     the Immigration and Nationality Act, is convicted of any
22     felony or misdemeanor offense, the court after sentencing
23     the defendant may, upon motion of the State's Attorney,
24     hold sentence in abeyance and remand the defendant to the
25     custody of the Attorney General of the United States or his
26     or her designated agent to be deported when:

 

 

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

 

 

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1         (D) Upon motion of the State's Attorney, if a defendant
2     sentenced under this Section returns to the jurisdiction of
3     the United States, the defendant shall be recommitted to
4     the custody of the county from which he or she was
5     sentenced. Thereafter, the defendant shall be brought
6     before the sentencing court, which may impose any sentence
7     that was available under Section 5-5-3 at the time of
8     initial sentencing. In addition, the defendant shall not be
9     eligible for additional good conduct credit for
10     meritorious service as provided under Section 3-6-6.
11     (m) A person convicted of criminal defacement of property
12 under Section 21-1.3 of the Criminal Code of 1961, in which the
13 property damage exceeds $300 and the property damaged is a
14 school building, shall be ordered to perform community service
15 that may include cleanup, removal, or painting over the
16 defacement.
17     (n) The court may sentence a person convicted of a
18 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
19 Code of 1961 (i) to an impact incarceration program if the
20 person is otherwise eligible for that program under Section
21 5-8-1.1, (ii) to community service, or (iii) if the person is
22 an addict or alcoholic, as defined in the Alcoholism and Other
23 Drug Abuse and Dependency Act, to a substance or alcohol abuse
24 program licensed under that Act.
25     (o) Whenever a person is convicted of a sex offense as
26 defined in Section 2 of the Sex Offender Registration Act, the

 

 

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1 defendant's driver's license or permit shall be subject to
2 renewal on an annual basis in accordance with the provisions of
3 license renewal established by the Secretary of State.
4 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
5 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
6 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
7 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
8 eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07;
9 revised 8-28-06.)".