Synopsis As Introduced Amends the Unified Code of Corrections. Provides that notwithstanding any other provision of law to the contrary, in imposing a sentence for an offense that requires a mandatory minimum sentence of imprisonment, the court may sentence the offender to probation or conditional discharge or other non-imprisonment sentence it deems appropriate instead of to a sentence of imprisonment or to a lesser sentence of imprisonment than the minimum sentence of imprisonment provided for the offense if the court finds that the defendant does not pose a risk to public safety and the interest of justice requires the non-imposition of the mandatory sentence of imprisonment or a lesser sentence of imprisonment. Provides that the court must state on the record its reasons for not imposing the minimum sentence of imprisonment or a lesser sentence of imprisonment.
House Committee Amendment No. 1 Provides that if the defendant has been charged with an offense involving the use, possession, or discharge of a firearm, the court may not deviate from a mandatory minimum sentence requirement, unless it is the recommendation of a presentence investigation and there is clear articulable evidence that the defendant is not a threat to the public safety. This must be fully stated by the court into the record at the time of sentencing.
House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinstates the provisions of the bill as amended by House Amendment No. 1. Also, provides that the court may sentence the offender to a lesser term of probation or conditional discharge. Provides that the an offender convicted of a sex offense or an offense involving the infliction of great bodily harm may not be sentenced to a lesser term of imprisonment, probation, or conditional discharge under this provision.