Full Text of SB1391 95th General Assembly
SB1391ham001 95TH GENERAL ASSEMBLY
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Rep. Constance A. Howard
Filed: 5/21/2007
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| AMENDMENT TO SENATE BILL 1391
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| AMENDMENT NO. ______. Amend Senate Bill 1391 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
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| "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:
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| "(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2) | 10 |
| Sec. 3-6-2. Institutions and Facility Administration.
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| (a) Each institution and facility of the Department shall | 12 |
| be
administered by a chief administrative officer appointed by
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| the Director. A chief administrative officer shall be
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| responsible for all persons assigned to the institution or
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| facility. The chief administrative officer shall administer
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| the programs of the Department for the custody and treatment
of | 2 |
| such persons.
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| (b) The chief administrative officer shall have such | 4 |
| assistants
as the Department may assign.
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| (c) The Director or Assistant Director shall have the
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| emergency powers to temporarily transfer individuals without
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| formal procedures to any State, county, municipal or regional
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| correctional or detention institution or facility in the State,
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| subject to the acceptance of such receiving institution or
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| facility, or to designate any reasonably secure place in the
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| State as such an institution or facility and to make transfers
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| thereto. However, transfers made under emergency powers shall
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| be reviewed as soon as practicable under Article 8, and shall
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| 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
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| Human Services which are provided for under
Section 3-8-5 or | 17 |
| Section 3-10-5.
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| (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
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| 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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| 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
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| 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
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| 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 .
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| (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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| 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.
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| (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:
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| (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
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| (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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| 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.
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| (f) In the event that the person requires medical care and
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| treatment at a place other than the institution or facility,
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| the person may be removed therefrom under conditions prescribed
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| 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
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| 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
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| forth in Section 3-2.5-15 of this Code, is exempt from the
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| co-payment requirement for the duration of confinement in those | 2 |
| facilities.
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| (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
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| of Corrections may determine that there are special reasons why
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| the child should continue in the custody of the mother until | 10 |
| the
child is 6 years old.
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| (h) The Department may provide Family Responsibility | 12 |
| Services which
may consist of, but not be limited to the | 13 |
| following:
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| (1) family advocacy counseling;
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| (2) parent self-help group;
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| (3) parenting skills training;
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| (4) parent and child overnight program;
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| (5) parent and child reunification counseling, either | 19 |
| separately or
together, preceding the inmate's release; | 20 |
| and
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| (6) a prerelease reunification staffing involving the | 22 |
| family advocate,
the inmate and the child's counselor, or | 23 |
| both and the inmate.
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| (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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| 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
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| 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.
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| (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.
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| (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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| treatment by a treatment provider approved by
the Board and | 2 |
| conducted in conformance with the Sex Offender Management Board
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| Act.
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| (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.
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| Implementation of this subsection (l) is subject to | 26 |
| appropriation.
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| (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 .)
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| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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| Sec. 3-6-3. Rules and Regulations for Early Release.
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| (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.
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| (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:
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| (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;
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| (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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| 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;
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| (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
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| (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.
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| (2.1) For all offenses, other than those enumerated in |
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| 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
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| Illinois Vehicle Code,
the rules and regulations shall
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| 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.
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| (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.
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| (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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| or compounds, or any combination
thereof as defined in | 2 |
| subparagraph (F) of paragraph (1) of subsection (d) of
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| 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.
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| (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.
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| (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.
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| (3) The rules and regulations shall also provide that
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| the Director may award up to 180 days additional good | 26 |
| conduct
credit for meritorious service in specific |
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| instances as the
Director deems proper; except that no more | 2 |
| than 90 days
of good conduct credit for meritorious service
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| 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
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| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
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| 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
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| 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
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| 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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| 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,
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| 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).
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| (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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| (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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| 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.
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| 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 |
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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 |
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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 |
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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 |
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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.
|
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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 |
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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.)
|
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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.
|
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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.
|
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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.
|
|
|
|
09500SB1391ham001 |
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LRB095 11016 RLC 35686 a |
|
| 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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
|
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| 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 |
|
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| 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 |
|
|
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| 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 |
|
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| 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 |
|
|
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| 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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| (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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| 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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|
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| 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.)".
|
|