Synopsis As Introduced Amends the Unified Code of Corrections. Provides that in imposing a sentence of imprisonment or periodic imprisonment for an offense for which a sentence of probation or conditional discharge is an available sentence, if the defendant has no prior sentence of probation or conditional discharge and no prior conviction for a violent crime, the defendant shall not be sentenced to imprisonment before review and consideration of a presentence report and determination and explanation of why the particular evidence, information, factor in aggravation, factual finding, or other reasons support a sentencing determination that one or more of specified statutory aggravating factors apply and that probation or conditional discharge is not an appropriate sentence. Provides that the Sentencing Policy Advisory Council shall publish a report on the trends in sentencing for these offenders, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made to sentencing by the amendatory Act.
Senate Committee Amendment No. 1 Provides that the amendatory changes apply only to sentences for Class 3 or Class 4 felonies (rather than for any offense) for which a sentence of probation or conditional discharge is an available sentence.