Full Text of HB0353 99th General Assembly
HB0353ham001 99TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 353
| 2 | | AMENDMENT NO. ______. Amend House Bill 353 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 24-1.8 as follows: | 6 | | (720 ILCS 5/24-1.8) | 7 | | Sec. 24-1.8. Unlawful possession of a firearm by a street | 8 | | gang member. | 9 | | (a) A person
commits unlawful possession of a firearm by a | 10 | | street gang member when he or she knowingly: | 11 | | (1) possesses, carries, or conceals on or about his or | 12 | | her person a firearm and firearm ammunition while on any | 13 | | street, road, alley, gangway, sidewalk, or any other lands, | 14 | | except when inside his or her own abode or inside his or | 15 | | her fixed place of business, and has not been issued a | 16 | | currently valid Firearm Owner's Identification Card and is |
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| 1 | | a member of a street gang; or | 2 | | (2) possesses or carries in any vehicle a firearm and | 3 | | firearm ammunition which are both immediately accessible | 4 | | at the time of the offense while on any street, road, | 5 | | alley, or any other lands, except when inside his or her | 6 | | own abode or garage, and has not been issued a currently | 7 | | valid Firearm Owner's Identification Card and is a member | 8 | | of a street gang. | 9 | | (b) Unlawful possession of a firearm by a street gang | 10 | | member is a Class 2 felony for which the person , if sentenced | 11 | | to a term of imprisonment, shall be sentenced to no less than 4 | 12 | | 3 years and no more than 10 years. A sentence of county impact | 13 | | incarceration under Section 5-8-1.2 of the Unified Code of | 14 | | Corrections is not authorized for a violation of this Section. | 15 | | A period of probation, a term of periodic imprisonment or | 16 | | conditional discharge shall not be imposed for the offense of | 17 | | unlawful possession of a firearm by a street gang member when | 18 | | the firearm was loaded or contained firearm ammunition and the | 19 | | court shall sentence the offender to not less than the minimum | 20 | | term of imprisonment authorized for the Class 2 felony. | 21 | | (c) For purposes of this Section: | 22 | | "Street gang" or "gang" has the meaning ascribed to it | 23 | | in Section 10 of the Illinois Streetgang Terrorism Omnibus | 24 | | Prevention Act. | 25 | | "Street gang member" or "gang member" has the meaning | 26 | | ascribed to it in Section 10 of the Illinois Streetgang |
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| 1 | | Terrorism Omnibus Prevention Act.
| 2 | | (Source: P.A. 96-829, eff. 12-3-09.) | 3 | | Section 10. The Unified Code of Corrections is amended by | 4 | | changing Sections 3-6-3 and 5-5-3 as follows:
| 5 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 6 | | Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| 7 | | (a) (1) The Department of Corrections shall prescribe | 8 | | rules
and regulations for awarding and revoking sentence | 9 | | credit for persons committed to the Department which shall
| 10 | | be subject to review by the Prisoner Review Board.
| 11 | | (1.5) As otherwise provided by law, sentence credit may | 12 | | be awarded for the following: | 13 | | (A) successful completion of programming while in | 14 | | custody of the Department or while in custody prior to | 15 | | sentencing; | 16 | | (B) compliance with the rules and regulations of | 17 | | the Department; or | 18 | | (C) service to the institution, service to a | 19 | | community, or service to the State. | 20 | | (2) The rules and regulations on sentence credit shall | 21 | | provide, with
respect to offenses listed in clause (i), | 22 | | (ii), or (iii) of this paragraph (2) committed on or after | 23 | | June 19, 1998 or with respect to the offense listed in | 24 | | clause (iv) of this paragraph (2) committed on or after |
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| 1 | | June 23, 2005 (the effective date of Public Act 94-71) or | 2 | | with
respect to offense listed in clause (vi)
committed on | 3 | | or after June 1, 2008 (the effective date of Public Act | 4 | | 95-625)
or with respect to the offense of being an armed | 5 | | habitual criminal committed on or after August 2, 2005 (the | 6 | | effective date of Public Act 94-398) or with respect to the | 7 | | offenses listed in clause (v) of this paragraph (2) | 8 | | committed on or after August 13, 2007 (the effective date | 9 | | of Public Act 95-134) or with respect to the offense of | 10 | | aggravated domestic battery committed on or after July 23, | 11 | | 2010 (the effective date of Public Act 96-1224) or with | 12 | | respect to the offense of attempt to commit terrorism | 13 | | committed on or after January 1, 2013 (the effective date | 14 | | of Public Act 97-990), the following:
| 15 | | (i) that a prisoner who is serving a term of | 16 | | imprisonment for first
degree murder or for the offense | 17 | | of terrorism shall receive no sentence
credit and shall | 18 | | serve the entire
sentence imposed by the court;
| 19 | | (ii) that a prisoner serving a sentence for attempt | 20 | | to commit terrorism, attempt to commit first
degree | 21 | | murder, solicitation of murder, solicitation of murder | 22 | | for hire,
intentional homicide of an unborn child, | 23 | | predatory criminal sexual assault of a
child, | 24 | | aggravated criminal sexual assault, criminal sexual | 25 | | assault, aggravated
kidnapping, aggravated battery | 26 | | with a firearm as described in Section 12-4.2 or |
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| 1 | | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | 2 | | Section 12-3.05, heinous battery as described in | 3 | | Section 12-4.1 or subdivision (a)(2) of Section | 4 | | 12-3.05, being an armed habitual criminal, aggravated
| 5 | | battery of a senior citizen as described in Section | 6 | | 12-4.6 or subdivision (a)(4) of Section 12-3.05, or | 7 | | aggravated battery of a child as described in Section | 8 | | 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | 9 | | receive no
more than 4.5 days of sentence credit for | 10 | | each month of his or her sentence
of imprisonment;
| 11 | | (iii) that a prisoner serving a sentence
for home | 12 | | invasion, armed robbery, aggravated vehicular | 13 | | hijacking,
aggravated discharge of a firearm, or armed | 14 | | violence with a category I weapon
or category II | 15 | | weapon, when the court
has made and entered a finding, | 16 | | pursuant to subsection (c-1) of Section 5-4-1
of this | 17 | | Code, that the conduct leading to conviction for the | 18 | | enumerated offense
resulted in great bodily harm to a | 19 | | victim, shall receive no more than 4.5 days
of sentence | 20 | | credit for each month of his or her sentence of | 21 | | imprisonment;
| 22 | | (iv) that a prisoner serving a sentence for | 23 | | aggravated discharge of a firearm, whether or not the | 24 | | conduct leading to conviction for the offense resulted | 25 | | in great bodily harm to the victim, shall receive no | 26 | | more than 4.5 days of sentence credit for each month of |
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| 1 | | his or her sentence of imprisonment;
| 2 | | (v) that a person serving a sentence for | 3 | | gunrunning, narcotics racketeering, controlled | 4 | | substance trafficking, methamphetamine trafficking, | 5 | | drug-induced homicide, aggravated | 6 | | methamphetamine-related child endangerment, money | 7 | | laundering pursuant to clause (c) (4) or (5) of Section | 8 | | 29B-1 of the Criminal Code of 1961 or the Criminal Code | 9 | | of 2012, or a Class X felony conviction for delivery of | 10 | | a controlled substance, possession of a controlled | 11 | | substance with intent to manufacture or deliver, | 12 | | calculated criminal drug conspiracy, criminal drug | 13 | | conspiracy, street gang criminal drug conspiracy, | 14 | | participation in methamphetamine manufacturing, | 15 | | aggravated participation in methamphetamine | 16 | | manufacturing, delivery of methamphetamine, possession | 17 | | with intent to deliver methamphetamine, aggravated | 18 | | delivery of methamphetamine, aggravated possession | 19 | | with intent to deliver methamphetamine, | 20 | | methamphetamine conspiracy when the substance | 21 | | containing the controlled substance or methamphetamine | 22 | | is 100 grams or more shall receive no more than 7.5 | 23 | | days sentence credit for each month of his or her | 24 | | sentence of imprisonment;
| 25 | | (vi)
that a prisoner serving a sentence for a | 26 | | second or subsequent offense of luring a minor shall |
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| 1 | | receive no more than 4.5 days of sentence credit for | 2 | | each month of his or her sentence of imprisonment; and
| 3 | | (vii) that a prisoner serving a sentence for | 4 | | aggravated domestic battery shall receive no more than | 5 | | 4.5 days of sentence credit for each month of his or | 6 | | her sentence of imprisonment ; and . | 7 | | (viii) that a prisoner serving a sentence for a | 8 | | violation of Section 24-1.8 of the Criminal Code of | 9 | | 2012 shall receive no more than 4.5 days of sentence | 10 | | credit for each month of his or her sentence of | 11 | | imprisonment, unless the prisoner receives a court | 12 | | order under paragraph (2.05) of this subsection (a) | 13 | | authorizing the Department to issue up to a maximum of | 14 | | 180 days of additional sentence credit towards the | 15 | | prisoner's sentence. | 16 | | (2.05) Notwithstanding clause (viii) of paragraph (2) | 17 | | of this subsection (a), if a person is convicted for a | 18 | | violation of Section 24-1.8 of the Criminal Code of 2012, | 19 | | at the person's sentencing hearing, after considering all | 20 | | of the evidence in aggravation and mitigation, the court | 21 | | may enter an order for judicially authorized sentence | 22 | | credit to the Department permitting the issuance of | 23 | | sentence credit for each day that the person is actually | 24 | | personally engaged full-time and is attending one of the | 25 | | substance abuse programs, vocational programs, | 26 | | correctional industry assignments, educational programs, |
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| 1 | | high school equivalency test programs, behavior | 2 | | modification programs, life skills courses, or other | 3 | | re-entry planning provided by the Department. The | 4 | | Department may issue sentence credit up to a maximum of 180 | 5 | | days under the order, and this sentence credit is | 6 | | contingent upon the person's successful completion of the | 7 | | program under the standards provided by the Department. The | 8 | | court may enter the order if the person establishes by a | 9 | | preponderance of the evidence that the interest of justice | 10 | | is served by permitting the person enrollment in | 11 | | correctional programming. In making its determination the | 12 | | court shall consider the following factors: | 13 | | (A) the person was not the leader, manager, or | 14 | | supervisor of others in the criminal conduct for which | 15 | | the person was convicted; | 16 | | (B) permitting sentence credit would serve the | 17 | | goals of the person's rehabilitation and reentry into | 18 | | society; and | 19 | | (C) permitting sentence credit is in the interests | 20 | | of public safety. | 21 | | The sentencing judge shall specify on the record the | 22 | | particular information, factors in aggravation or | 23 | | mitigation, or other reasons that led to his or her | 24 | | determination under this paragraph (2.05). | 25 | | (2.1) For all offenses, other than those enumerated in | 26 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
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| 1 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or | 2 | | after June 23, 2005 (the effective date of Public Act | 3 | | 94-71) or subdivision (a)(2)(v) committed on or after | 4 | | August 13, 2007 (the effective date of Public Act 95-134)
| 5 | | or subdivision (a)(2)(vi) committed on or after June 1, | 6 | | 2008 (the effective date of Public Act 95-625) or | 7 | | subdivision (a)(2)(vii) committed on or after July 23, 2010 | 8 | | (the effective date of Public Act 96-1224), and other than | 9 | | the offense of aggravated driving under the influence of | 10 | | alcohol, other drug or drugs, or
intoxicating compound or | 11 | | compounds, or any combination thereof as defined in
| 12 | | subparagraph (F) of paragraph (1) of subsection (d) of | 13 | | Section 11-501 of the
Illinois Vehicle Code, and other than | 14 | | the offense of aggravated driving under the influence of | 15 | | alcohol,
other drug or drugs, or intoxicating compound or | 16 | | compounds, or any combination
thereof as defined in | 17 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 18 | | Section 11-501 of the Illinois Vehicle Code committed on or | 19 | | after January 1, 2011 (the effective date of Public Act | 20 | | 96-1230),
the rules and regulations shall
provide that a | 21 | | prisoner who is serving a term of
imprisonment shall | 22 | | receive one day of sentence credit for each day of
his or | 23 | | her sentence of imprisonment or recommitment under Section | 24 | | 3-3-9.
Each day of sentence credit shall reduce by one day | 25 | | the prisoner's period
of imprisonment or recommitment | 26 | | under Section 3-3-9.
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| 1 | | (2.2) A prisoner serving a term of natural life | 2 | | imprisonment or a
prisoner who has been sentenced to death | 3 | | shall receive no sentence
credit.
| 4 | | (2.3) The rules and regulations on sentence credit | 5 | | shall provide that
a prisoner who is serving a sentence for | 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, shall receive no more than 4.5
days | 11 | | of sentence credit for each month of his or her sentence of
| 12 | | imprisonment.
| 13 | | (2.4) The rules and regulations on sentence credit | 14 | | shall provide with
respect to the offenses of aggravated | 15 | | battery with a machine gun or a firearm
equipped with any | 16 | | device or attachment designed or used for silencing the
| 17 | | report of a firearm or aggravated discharge of a machine | 18 | | gun or a firearm
equipped with any device or attachment | 19 | | designed or used for silencing the
report of a firearm, | 20 | | committed on or after
July 15, 1999 (the effective date of | 21 | | Public Act 91-121),
that a prisoner serving a sentence for | 22 | | any of these offenses shall receive no
more than 4.5 days | 23 | | of sentence credit for each month of his or her sentence
of | 24 | | imprisonment.
| 25 | | (2.5) The rules and regulations on sentence credit | 26 | | shall provide that a
prisoner who is serving a sentence for |
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| 1 | | aggravated arson committed on or after
July 27, 2001 (the | 2 | | effective date of Public Act 92-176) shall receive no more | 3 | | than
4.5 days of sentence credit for each month of his or | 4 | | her sentence of
imprisonment.
| 5 | | (2.6) The rules and regulations on sentence credit | 6 | | shall provide that a
prisoner who is serving a sentence for | 7 | | aggravated driving under the influence of alcohol,
other | 8 | | drug or drugs, or intoxicating compound or compounds or any | 9 | | combination
thereof as defined in subparagraph (C) of | 10 | | paragraph (1) of subsection (d) of
Section 11-501 of the | 11 | | Illinois Vehicle Code committed on or after January 1, 2011 | 12 | | (the effective date of Public Act 96-1230) shall receive no | 13 | | more than 4.5
days of sentence credit for each month of his | 14 | | or her sentence of
imprisonment. | 15 | | (3) The rules and regulations shall also provide that
| 16 | | the Director may award up to 180 days additional sentence
| 17 | | credit for good conduct in specific instances as the
| 18 | | Director deems proper. The good conduct may include, but is | 19 | | not limited to, compliance with the rules and regulations | 20 | | of the Department, service to the Department, service to a | 21 | | community, or service to the State. However, the Director | 22 | | shall not award more than 90 days
of sentence credit for | 23 | | good conduct to any prisoner who is serving a sentence for
| 24 | | conviction of first degree murder, reckless homicide while | 25 | | under the
influence of alcohol or any other drug,
or | 26 | | aggravated driving under the influence of alcohol, other |
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| 1 | | drug or drugs, or
intoxicating compound or compounds, or | 2 | | any combination thereof as defined in
subparagraph (F) of | 3 | | paragraph (1) of subsection (d) of Section 11-501 of the
| 4 | | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 5 | | predatory criminal sexual assault of a child,
aggravated | 6 | | criminal sexual assault, criminal sexual assault, deviate | 7 | | sexual
assault, aggravated criminal sexual abuse, | 8 | | aggravated indecent liberties
with a child, indecent | 9 | | liberties with a child, child pornography, heinous
battery | 10 | | as described in Section 12-4.1 or subdivision (a)(2) of | 11 | | Section 12-3.05, aggravated battery of a spouse, | 12 | | aggravated battery of a spouse
with a firearm, stalking, | 13 | | aggravated stalking, aggravated battery of a child as | 14 | | described in Section 12-4.3 or subdivision (b)(1) of | 15 | | Section 12-3.05,
endangering the life or health of a child, | 16 | | or cruelty to a child. Notwithstanding the foregoing, | 17 | | sentence credit for
good conduct shall not be awarded on a
| 18 | | sentence of imprisonment imposed for conviction of: (i) one | 19 | | of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 20 | | or (iii) when the offense is committed on or after
June 19, | 21 | | 1998 or subdivision (a)(2)(iv) when the offense is | 22 | | committed on or after June 23, 2005 (the effective date of | 23 | | Public Act 94-71) or subdivision (a)(2)(v) when the offense | 24 | | is committed on or after August 13, 2007 (the effective | 25 | | date of Public Act 95-134)
or subdivision (a)(2)(vi) when | 26 | | the offense is committed on or after June 1, 2008 (the |
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| 1 | | effective date of Public Act 95-625) or subdivision | 2 | | (a)(2)(vii) when the offense is committed on or after July | 3 | | 23, 2010 (the effective date of Public Act 96-1224), (ii) | 4 | | 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),
(iv) aggravated arson when the offense is | 12 | | committed
on or after July 27, 2001 (the effective date of | 13 | | Public Act 92-176), (v) offenses that may subject the | 14 | | offender to commitment under the Sexually Violent Persons | 15 | | Commitment Act, or (vi) aggravated driving under the | 16 | | influence of alcohol,
other drug or drugs, or intoxicating | 17 | | compound or compounds or any combination
thereof as defined | 18 | | in subparagraph (C) of paragraph (1) of subsection (d) of
| 19 | | Section 11-501 of the Illinois Vehicle Code committed on or | 20 | | after January 1, 2011 (the effective date of Public Act | 21 | | 96-1230).
| 22 | | Eligible inmates for an award of sentence credit under
this | 23 | | paragraph (3) may be selected to receive the credit at
the | 24 | | Director's or his or her designee's sole discretion.
| 25 | | Consideration may be based on, but not limited to, any
| 26 | | available risk assessment analysis on the inmate, any history |
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| 1 | | of conviction for violent crimes as defined by the Rights of | 2 | | Crime Victims and Witnesses Act, facts and circumstances of the | 3 | | inmate's holding offense or offenses, and the potential for | 4 | | rehabilitation. | 5 | | The Director shall not award sentence credit under this | 6 | | paragraph (3) to an inmate unless the inmate has served a | 7 | | minimum of 60 days of the sentence; except nothing in this | 8 | | paragraph shall be construed to permit the Director to extend | 9 | | an inmate's sentence beyond that which was imposed by the | 10 | | court. Prior to awarding credit under this paragraph (3), the | 11 | | Director shall make a written determination that the inmate: | 12 | | (A) is eligible for the sentence credit; | 13 | | (B) has served a minimum of 60 days, or as close to | 14 | | 60 days as the sentence will allow; and | 15 | | (C) has met the eligibility criteria established | 16 | | by rule. | 17 | | The Director shall determine the form and content of | 18 | | the written determination required in this subsection. | 19 | | (3.5) The Department shall provide annual written | 20 | | reports to the Governor and the General Assembly on the | 21 | | award of sentence credit for good conduct, with the first | 22 | | report due January 1, 2014. The Department must publish | 23 | | both reports on its website within 48 hours of transmitting | 24 | | the reports to the Governor and the General Assembly. The | 25 | | reports must include: | 26 | | (A) the number of inmates awarded sentence credit |
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| 1 | | for good conduct; | 2 | | (B) the average amount of sentence credit for good | 3 | | conduct awarded; | 4 | | (C) the holding offenses of inmates awarded | 5 | | sentence credit for good conduct; and | 6 | | (D) the number of sentence credit for good conduct | 7 | | revocations. | 8 | | (4) The rules and regulations shall also provide that | 9 | | the sentence
credit accumulated and retained under | 10 | | paragraph (2.1) of subsection (a) of
this Section by any | 11 | | inmate during specific periods of time in which such
inmate | 12 | | is engaged full-time in substance abuse programs, | 13 | | correctional
industry assignments, educational programs, | 14 | | behavior modification programs, life skills courses, or | 15 | | re-entry planning provided by the Department
under this | 16 | | paragraph (4) and satisfactorily completes the assigned | 17 | | program as
determined by the standards of the Department, | 18 | | shall be multiplied by a factor
of 1.25 for program | 19 | | participation before August 11, 1993
and 1.50 for program | 20 | | participation on or after that date.
The rules and | 21 | | regulations shall also provide that sentence credit, | 22 | | subject to the same offense limits and multiplier provided | 23 | | in this paragraph, may be provided to an inmate who was | 24 | | held in pre-trial detention prior to his or her current | 25 | | commitment to the Department of Corrections and | 26 | | successfully completed a full-time, 60-day or longer |
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| 1 | | substance abuse program, educational program, behavior | 2 | | modification program, life skills course, or re-entry | 3 | | planning provided by the county department of corrections | 4 | | or county jail. Calculation of this county program credit | 5 | | shall be done at sentencing as provided in Section | 6 | | 5-4.5-100 of this Code and shall be included in the | 7 | | sentencing order. However, no inmate shall be eligible for | 8 | | the additional sentence credit
under this paragraph (4) or | 9 | | (4.1) of this subsection (a) while assigned to a boot camp
| 10 | | or electronic detention, or if convicted of an offense | 11 | | enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | 12 | | Section that is committed on or after June 19,
1998 or | 13 | | subdivision (a)(2)(iv) of this Section that is committed on | 14 | | or after June 23, 2005 (the effective date of Public Act | 15 | | 94-71) or subdivision (a)(2)(v) of this Section that is | 16 | | committed on or after August 13, 2007 (the effective date | 17 | | of Public Act 95-134)
or subdivision (a)(2)(vi) when the | 18 | | offense is committed on or after June 1, 2008 (the | 19 | | effective date of Public Act 95-625) or subdivision | 20 | | (a)(2)(vii) when the offense is committed on or after July | 21 | | 23, 2010 (the effective date of Public Act 96-1224), or if | 22 | | convicted of aggravated driving under the influence of | 23 | | alcohol, other drug or drugs, or
intoxicating compound or | 24 | | compounds or any combination thereof as defined in
| 25 | | subparagraph (F) of paragraph (1) of subsection (d) of | 26 | | Section 11-501 of the
Illinois Vehicle Code, or if |
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| 1 | | convicted of aggravated driving under the influence of | 2 | | alcohol,
other drug or drugs, or intoxicating compound or | 3 | | compounds or any combination
thereof as defined in | 4 | | subparagraph (C) of paragraph (1) of subsection (d) of
| 5 | | Section 11-501 of the Illinois Vehicle Code committed on or | 6 | | after January 1, 2011 (the effective date of Public Act | 7 | | 96-1230), or if convicted of an offense enumerated in | 8 | | paragraph
(a)(2.4) of this Section that is committed on or | 9 | | after
July 15, 1999 (the effective date of Public Act | 10 | | 91-121),
or first degree murder, a Class X felony, criminal | 11 | | sexual
assault, felony criminal sexual abuse, aggravated | 12 | | criminal sexual abuse,
aggravated battery with a firearm as | 13 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 14 | | (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | 15 | | successor offenses
with the same or substantially the same | 16 | | elements, or any inchoate offenses
relating to the | 17 | | foregoing offenses. No inmate shall be eligible for the
| 18 | | additional good conduct credit under this paragraph (4) who | 19 | | (i) has previously
received increased good conduct credit | 20 | | under this paragraph (4) and has
subsequently been | 21 | | convicted of a
felony, or (ii) has previously served more | 22 | | than one prior sentence of
imprisonment for a felony in an | 23 | | adult correctional facility.
| 24 | | Educational, vocational, substance abuse, behavior | 25 | | modification programs, life skills courses, re-entry | 26 | | planning, and correctional
industry programs under which |
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| 1 | | sentence credit may be increased under
this paragraph (4) | 2 | | and paragraph (4.1) of this subsection (a) shall be | 3 | | evaluated by the Department on the basis of
documented | 4 | | standards. The Department shall report the results of these
| 5 | | evaluations to the Governor and the General Assembly by | 6 | | September 30th of each
year. The reports shall include data | 7 | | relating to the recidivism rate among
program | 8 | | participants.
| 9 | | Availability of these programs shall be subject to the
| 10 | | limits of fiscal resources appropriated by the General | 11 | | Assembly for these
purposes. Eligible inmates who are | 12 | | denied immediate admission shall be
placed on a waiting | 13 | | list under criteria established by the Department.
The | 14 | | inability of any inmate to become engaged in any such | 15 | | programs
by reason of insufficient program resources or for | 16 | | any other reason
established under the rules and | 17 | | regulations of the Department shall not be
deemed a cause | 18 | | of action under which the Department or any employee or
| 19 | | agent of the Department shall be liable for damages to the | 20 | | inmate.
| 21 | | (4.1) The rules and regulations shall also provide that | 22 | | an additional 60 days of sentence credit shall be awarded | 23 | | to any prisoner who passes high school equivalency testing | 24 | | while the prisoner is committed to the Department of | 25 | | Corrections. The sentence credit awarded under this | 26 | | paragraph (4.1) shall be in addition to, and shall not |
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| 1 | | affect, the award of sentence credit under any other | 2 | | paragraph of this Section, but shall also be pursuant to | 3 | | the guidelines and restrictions set forth in paragraph (4) | 4 | | of subsection (a) of this Section.
The sentence credit | 5 | | provided for in this paragraph shall be available only to | 6 | | those prisoners who have not previously earned a high | 7 | | school diploma or a high school equivalency certificate. | 8 | | If, after an award of the high school equivalency testing | 9 | | sentence credit has been made, the Department determines | 10 | | that the prisoner was not eligible, then the award shall be | 11 | | revoked.
The Department may also award 60 days of sentence | 12 | | credit to any committed person who passed high school | 13 | | equivalency testing while he or she was held in pre-trial | 14 | | detention prior to the current commitment to the Department | 15 | | of Corrections. | 16 | | (4.5) The rules and regulations on sentence credit | 17 | | shall also provide that
when the court's sentencing order | 18 | | recommends a prisoner for substance abuse treatment and the
| 19 | | crime was committed on or after September 1, 2003 (the | 20 | | effective date of
Public Act 93-354), the prisoner shall | 21 | | receive no sentence credit awarded under clause (3) of this | 22 | | subsection (a) unless he or she participates in and
| 23 | | completes a substance abuse treatment program. The | 24 | | Director may waive the requirement to participate in or | 25 | | complete a substance abuse treatment program and award the | 26 | | sentence credit in specific instances if the prisoner is |
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| 1 | | not a good candidate for a substance abuse treatment | 2 | | program for medical, programming, or operational reasons. | 3 | | Availability of
substance abuse treatment shall be subject | 4 | | to the limits of fiscal resources
appropriated by the | 5 | | General Assembly for these purposes. If treatment is not
| 6 | | available and the requirement to participate and complete | 7 | | the treatment has not been waived by the Director, the | 8 | | prisoner shall be placed on a waiting list under criteria
| 9 | | established by the Department. The Director may allow a | 10 | | prisoner placed on
a waiting list to participate in and | 11 | | complete a substance abuse education class or attend | 12 | | substance
abuse self-help meetings in lieu of a substance | 13 | | abuse treatment program. A prisoner on a waiting list who | 14 | | is not placed in a substance abuse program prior to release | 15 | | may be eligible for a waiver and receive sentence credit | 16 | | under clause (3) of this subsection (a) at the discretion | 17 | | of the Director.
| 18 | | (4.6) The rules and regulations on sentence credit | 19 | | shall also provide that a prisoner who has been convicted | 20 | | of a sex offense as defined in Section 2 of the Sex | 21 | | Offender Registration Act shall receive no sentence credit | 22 | | unless he or she either has successfully completed or is | 23 | | participating in sex offender treatment as defined by the | 24 | | Sex Offender Management Board. However, prisoners who are | 25 | | waiting to receive treatment, but who are unable to do so | 26 | | due solely to the lack of resources on the part of the |
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| 1 | | Department, may, at the Director's sole discretion, be | 2 | | awarded sentence credit at a rate as the Director shall | 3 | | determine. | 4 | | (5) Whenever the Department is to release any inmate | 5 | | earlier than it
otherwise would because of a grant of | 6 | | sentence credit for good conduct under paragraph (3) of | 7 | | subsection (a) of this Section given at any time during the | 8 | | term, the Department shall give
reasonable notice of the | 9 | | impending release not less than 14 days prior to the date | 10 | | of the release to the State's
Attorney of the county where | 11 | | the prosecution of the inmate took place, and if | 12 | | applicable, the State's Attorney of the county into which | 13 | | the inmate will be released. The Department must also make | 14 | | identification information and a recent photo of the inmate | 15 | | being released accessible on the Internet by means of a | 16 | | hyperlink labeled "Community Notification of Inmate Early | 17 | | Release" on the Department's World Wide Web homepage.
The | 18 | | identification information shall include the inmate's: | 19 | | name, any known alias, date of birth, physical | 20 | | characteristics, residence address, commitment offense and | 21 | | county where conviction was imposed. The identification | 22 | | information shall be placed on the website within 3 days of | 23 | | the inmate's release and the information may not be removed | 24 | | until either: completion of the first year of mandatory | 25 | | supervised release or return of the inmate to custody of | 26 | | the Department.
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| 1 | | (b) Whenever a person is or has been committed under
| 2 | | several convictions, with separate sentences, the sentences
| 3 | | shall be construed under Section 5-8-4 in granting and
| 4 | | forfeiting of sentence credit.
| 5 | | (c) The Department shall prescribe rules and regulations
| 6 | | for revoking sentence credit, including revoking sentence | 7 | | credit awarded for good conduct under paragraph (3) of | 8 | | subsection (a) of this Section. The Department shall prescribe | 9 | | rules and regulations for suspending or reducing
the rate of | 10 | | accumulation of sentence credit for specific
rule violations, | 11 | | during imprisonment. These rules and regulations
shall provide | 12 | | that no inmate may be penalized more than one
year of sentence | 13 | | credit for any one infraction.
| 14 | | When the Department seeks to revoke, suspend or reduce
the | 15 | | rate of accumulation of any sentence credits for
an alleged | 16 | | infraction of its rules, it shall bring charges
therefor | 17 | | against the prisoner sought to be so deprived of
sentence | 18 | | credits before the Prisoner Review Board as
provided in | 19 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 20 | | amount of credit at issue exceeds 30 days or
when during any 12 | 21 | | month period, the cumulative amount of
credit revoked exceeds | 22 | | 30 days except where the infraction is committed
or discovered | 23 | | within 60 days of scheduled release. In those cases,
the | 24 | | Department of Corrections may revoke up to 30 days of sentence | 25 | | credit.
The Board may subsequently approve the revocation of | 26 | | additional sentence credit, if the Department seeks to revoke |
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| 1 | | sentence credit in
excess of 30 days. However, the Board shall | 2 | | not be empowered to review the
Department's decision with | 3 | | respect to the loss of 30 days of sentence
credit within any | 4 | | calendar year for any prisoner or to increase any penalty
| 5 | | beyond the length requested by the Department.
| 6 | | The Director of the Department of Corrections, in | 7 | | appropriate cases, may
restore up to 30 days of sentence | 8 | | credits which have been revoked, suspended
or reduced. Any | 9 | | restoration of sentence credits in excess of 30 days shall
be | 10 | | subject to review by the Prisoner Review Board. However, the | 11 | | Board may not
restore sentence credit in excess of the amount | 12 | | requested by the Director.
| 13 | | Nothing contained in this Section shall prohibit the | 14 | | Prisoner Review Board
from ordering, pursuant to Section | 15 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 16 | | sentence imposed by the court that was not served due to the
| 17 | | accumulation of sentence credit.
| 18 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 19 | | federal court
against the State, the Department of Corrections, | 20 | | or the Prisoner Review Board,
or against any of
their officers | 21 | | or employees, and the court makes a specific finding that a
| 22 | | pleading, motion, or other paper filed by the prisoner is | 23 | | frivolous, the
Department of Corrections shall conduct a | 24 | | hearing to revoke up to
180 days of sentence credit by bringing | 25 | | charges against the prisoner
sought to be deprived of the | 26 | | sentence credits before the Prisoner Review
Board as provided |
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| 1 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 2 | | prisoner has not accumulated 180 days of sentence credit at the
| 3 | | time of the finding, then the Prisoner Review Board may revoke | 4 | | all
sentence credit accumulated by the prisoner.
| 5 | | For purposes of this subsection (d):
| 6 | | (1) "Frivolous" means that a pleading, motion, or other | 7 | | filing which
purports to be a legal document filed by a | 8 | | prisoner in his or her lawsuit meets
any or all of the | 9 | | following criteria:
| 10 | | (A) it lacks an arguable basis either in law or in | 11 | | fact;
| 12 | | (B) it is being presented for any improper purpose, | 13 | | such as to harass or
to cause unnecessary delay or | 14 | | needless increase in the cost of litigation;
| 15 | | (C) the claims, defenses, and other legal | 16 | | contentions therein are not
warranted by existing law | 17 | | or by a nonfrivolous argument for the extension,
| 18 | | modification, or reversal of existing law or the | 19 | | establishment of new law;
| 20 | | (D) the allegations and other factual contentions | 21 | | do not have
evidentiary
support or, if specifically so | 22 | | identified, are not likely to have evidentiary
support | 23 | | after a reasonable opportunity for further | 24 | | investigation or discovery;
or
| 25 | | (E) the denials of factual contentions are not | 26 | | warranted on the
evidence, or if specifically so |
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| 1 | | identified, are not reasonably based on a lack
of | 2 | | information or belief.
| 3 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 4 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 5 | | action under
Article X of the Code of Civil Procedure or | 6 | | under federal law (28 U.S.C. 2254),
a petition for claim | 7 | | under the Court of Claims Act, an action under the
federal | 8 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 9 | | subsequent petition for post-conviction relief under | 10 | | Article 122 of the Code of Criminal Procedure of 1963 | 11 | | whether filed with or without leave of court or a second or | 12 | | subsequent petition for relief from judgment under Section | 13 | | 2-1401 of the Code of Civil Procedure.
| 14 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 15 | | validity of Public Act 89-404.
| 16 | | (f) Whenever the Department is to release any inmate who | 17 | | has been convicted of a violation of an order of protection | 18 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 19 | | the Criminal Code of 2012, earlier than it
otherwise would | 20 | | because of a grant of sentence credit, the Department, as a | 21 | | condition of release, shall require that the person, upon | 22 | | release, be placed under electronic surveillance as provided in | 23 | | Section 5-8A-7 of this Code. | 24 | | (Source: P.A. 97-333, eff. 8-12-11; 97-697, eff. 6-22-12; | 25 | | 97-990, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. | 26 | | 1-1-15 .)
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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) (Blank).
| 4 | | (b) (Blank).
| 5 | | (c) (1) (Blank).
| 6 | | (2) A period of probation, a term of periodic imprisonment | 7 | | or
conditional discharge shall not be imposed for the following | 8 | | offenses.
The court shall sentence the offender to not less | 9 | | than the minimum term
of imprisonment set forth in this Code | 10 | | for the following offenses, and
may order a fine or restitution | 11 | | or both in conjunction with such term of
imprisonment:
| 12 | | (A) First degree murder where the death penalty is not | 13 | | imposed.
| 14 | | (B) Attempted first degree murder.
| 15 | | (C) A Class X felony.
| 16 | | (D) A violation of Section 401.1 or 407 of the
Illinois | 17 | | Controlled Substances Act, or a violation of subdivision | 18 | | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | 19 | | to more than 5 grams of a substance
containing cocaine, | 20 | | fentanyl, or an analog thereof.
| 21 | | (D-5) A violation of subdivision (c)(1) of
Section 401 | 22 | | of the Illinois Controlled Substances Act which relates to | 23 | | 3 or more grams of a substance
containing heroin or an | 24 | | analog thereof. | 25 | | (E) A violation of Section 5.1 or 9 of the Cannabis |
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| 1 | | Control
Act.
| 2 | | (F) A Class 2 or greater felony if the offender had | 3 | | been convicted
of a Class 2 or greater felony, including | 4 | | any state or federal conviction for an offense that | 5 | | contained, at the time it was committed, the same elements | 6 | | as an offense now (the date of the offense committed after | 7 | | the prior Class 2 or greater felony) classified as a Class | 8 | | 2 or greater felony, within 10 years of the date on which | 9 | | the
offender
committed the offense for which he or she is | 10 | | being sentenced, except as
otherwise provided in Section | 11 | | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | 12 | | Act.
| 13 | | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 , | 14 | | or 24-1.8 of the Criminal Code of 1961 or the Criminal Code | 15 | | of 2012 for which imprisonment is prescribed in those | 16 | | Sections. | 17 | | (G) Residential burglary, except as otherwise provided | 18 | | in Section 40-10
of the Alcoholism and Other Drug Abuse and | 19 | | Dependency Act.
| 20 | | (H) Criminal sexual assault.
| 21 | | (I) Aggravated battery of a senior citizen as described | 22 | | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 24 | | (J) A forcible felony if the offense was related to the | 25 | | activities of an
organized gang.
| 26 | | Before July 1, 1994, for the purposes of this |
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| 1 | | paragraph, "organized
gang" means an association of 5 or | 2 | | more persons, with an established hierarchy,
that | 3 | | encourages members of the association to perpetrate crimes | 4 | | or provides
support to the members of the association who | 5 | | do commit crimes.
| 6 | | Beginning July 1, 1994, for the purposes of this | 7 | | paragraph,
"organized gang" has the meaning ascribed to it | 8 | | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 9 | | Prevention Act.
| 10 | | (K) Vehicular hijacking.
| 11 | | (L) A second or subsequent conviction for the offense | 12 | | of hate crime
when the underlying offense upon which the | 13 | | hate crime is based is felony
aggravated
assault or felony | 14 | | mob action.
| 15 | | (M) A second or subsequent conviction for the offense | 16 | | of institutional
vandalism if the damage to the property | 17 | | exceeds $300.
| 18 | | (N) A Class 3 felony violation of paragraph (1) of | 19 | | subsection (a) of
Section 2 of the Firearm Owners | 20 | | Identification Card Act.
| 21 | | (O) A violation of Section 12-6.1 or 12-6.5 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 23 | | (P) A violation of paragraph (1), (2), (3), (4), (5), | 24 | | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | 25 | | Code of 1961 or the Criminal Code of 2012.
| 26 | | (Q) A violation of subsection (b) or (b-5) of Section |
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| 1 | | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | 2 | | Code of
1961 or the Criminal Code of 2012.
| 3 | | (R) A violation of Section 24-3A of the Criminal Code | 4 | | of
1961 or the Criminal Code of 2012.
| 5 | | (S) (Blank).
| 6 | | (T) A second or subsequent violation of the | 7 | | Methamphetamine Control and Community Protection Act.
| 8 | | (U) A second or subsequent violation of Section 6-303 | 9 | | of the Illinois Vehicle Code committed while his or her | 10 | | driver's license, permit, or privilege was revoked because | 11 | | of a violation of Section 9-3 of the Criminal Code of 1961 | 12 | | or the Criminal Code of 2012, relating to the offense of | 13 | | reckless homicide, or a similar provision of a law of | 14 | | another state.
| 15 | | (V)
A violation of paragraph (4) of subsection (c) of | 16 | | Section 11-20.1B or paragraph (4) of subsection (c) of | 17 | | Section 11-20.3 of the Criminal Code of 1961, or paragraph | 18 | | (6) of subsection (a) of Section 11-20.1 of the Criminal | 19 | | Code of 2012 when the victim is under 13 years of age and | 20 | | the defendant has previously been convicted under the laws | 21 | | of this State or any other state of the offense of child | 22 | | pornography, aggravated child pornography, aggravated | 23 | | criminal sexual abuse, aggravated criminal sexual assault, | 24 | | predatory criminal sexual assault of a child, or any of the | 25 | | offenses formerly known as rape, deviate sexual assault, | 26 | | indecent liberties with a child, or aggravated indecent |
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| 1 | | liberties with a child where the victim was under the age | 2 | | of 18 years or an offense that is substantially equivalent | 3 | | to those offenses. | 4 | | (W) A violation of Section 24-3.5 of the Criminal Code | 5 | | of 1961 or the Criminal Code of 2012.
| 6 | | (X) A violation of subsection (a) of Section 31-1a of | 7 | | the Criminal Code of 1961 or the Criminal Code of 2012. | 8 | | (Y) A conviction for unlawful possession of a firearm | 9 | | by a street gang member when the firearm was loaded or | 10 | | contained firearm ammunition. | 11 | | (Z) A Class 1 felony committed while he or she was | 12 | | serving a term of probation or conditional discharge for a | 13 | | felony. | 14 | | (AA) Theft of property exceeding $500,000 and not | 15 | | exceeding $1,000,000 in value. | 16 | | (BB) Laundering of criminally derived property of a | 17 | | value exceeding
$500,000. | 18 | | (CC) Knowingly selling, offering for sale, holding for | 19 | | sale, or using 2,000 or more counterfeit items or | 20 | | counterfeit items having a retail value in the aggregate of | 21 | | $500,000 or more. | 22 | | (DD) A conviction for aggravated assault under | 23 | | paragraph (6) of subsection (c) of Section 12-2 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012 if the | 25 | | firearm is aimed toward the person against whom the firearm | 26 | | is being used. |
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| 1 | | (3) (Blank).
| 2 | | (4) A minimum term of imprisonment of not less than 10
| 3 | | consecutive days or 30 days of community service shall be | 4 | | imposed for a
violation of paragraph (c) of Section 6-303 of | 5 | | the Illinois Vehicle Code.
| 6 | | (4.1) (Blank).
| 7 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | 8 | | this subsection (c), a
minimum of
100 hours of community | 9 | | service shall be imposed for a second violation of
Section | 10 | | 6-303
of the Illinois Vehicle Code.
| 11 | | (4.3) A minimum term of imprisonment of 30 days or 300 | 12 | | hours of community
service, as determined by the court, shall
| 13 | | be imposed for a second violation of subsection (c) of Section | 14 | | 6-303 of the
Illinois Vehicle Code.
| 15 | | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | 16 | | (4.9) of this
subsection (c), a
minimum term of imprisonment of | 17 | | 30 days or 300 hours of community service, as
determined by the | 18 | | court, shall
be imposed
for a third or subsequent violation of | 19 | | Section 6-303 of the Illinois Vehicle
Code.
| 20 | | (4.5) A minimum term of imprisonment of 30 days
shall be | 21 | | imposed for a third violation of subsection (c) of
Section | 22 | | 6-303 of the Illinois Vehicle Code.
| 23 | | (4.6) Except as provided in paragraph (4.10) of this | 24 | | subsection (c), a minimum term of imprisonment of 180 days | 25 | | shall be imposed for a
fourth or subsequent violation of | 26 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
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| 1 | | (4.7) A minimum term of imprisonment of not less than 30 | 2 | | consecutive days, or 300 hours of community service, shall be | 3 | | imposed for a violation of subsection (a-5) of Section 6-303 of | 4 | | the Illinois Vehicle Code, as provided in subsection (b-5) of | 5 | | that Section.
| 6 | | (4.8) A mandatory prison sentence shall be imposed for a | 7 | | second violation of subsection (a-5) of Section 6-303 of the | 8 | | Illinois Vehicle Code, as provided in subsection (c-5) of that | 9 | | Section. The person's driving privileges shall be revoked for a | 10 | | period of not less than 5 years from the date of his or her | 11 | | release from prison.
| 12 | | (4.9) A mandatory prison sentence of not less than 4 and | 13 | | not more than 15 years shall be imposed for a third violation | 14 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | 15 | | Code, as provided in subsection (d-2.5) of that Section. The | 16 | | person's driving privileges shall be revoked for the remainder | 17 | | of his or her life.
| 18 | | (4.10) A mandatory prison sentence for a Class 1 felony | 19 | | shall be imposed, and the person shall be eligible for an | 20 | | extended term sentence, for a fourth or subsequent violation of | 21 | | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | 22 | | as provided in subsection (d-3.5) of that Section. The person's | 23 | | driving privileges shall be revoked for the remainder of his or | 24 | | her life.
| 25 | | (5) The court may sentence a corporation or unincorporated
| 26 | | association convicted of any offense to:
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| 1 | | (A) a period of conditional discharge;
| 2 | | (B) a fine;
| 3 | | (C) make restitution to the victim under Section 5-5-6 | 4 | | of this Code.
| 5 | | (5.1) In addition to any other penalties imposed, and | 6 | | except as provided in paragraph (5.2) or (5.3), a person
| 7 | | convicted of violating subsection (c) of Section 11-907 of the | 8 | | Illinois
Vehicle Code shall have his or her driver's license, | 9 | | permit, or privileges
suspended for at least 90 days but not | 10 | | more than one year, if the violation
resulted in damage to the | 11 | | property of another person.
| 12 | | (5.2) In addition to any other penalties imposed, and | 13 | | except as provided in paragraph (5.3), a person convicted
of | 14 | | violating subsection (c) of Section 11-907 of the Illinois | 15 | | Vehicle Code
shall have his or her driver's license, permit, or | 16 | | privileges suspended for at
least 180 days but not more than 2 | 17 | | years, if the violation resulted in injury
to
another person.
| 18 | | (5.3) In addition to any other penalties imposed, a person | 19 | | convicted of violating subsection (c) of Section
11-907 of the | 20 | | Illinois Vehicle Code shall have his or her driver's license,
| 21 | | permit, or privileges suspended for 2 years, if the violation | 22 | | resulted in the
death of another person.
| 23 | | (5.4) In addition to any other penalties imposed, a person | 24 | | convicted of violating Section 3-707 of the Illinois Vehicle | 25 | | Code shall have his or her driver's license, permit, or | 26 | | privileges suspended for 3 months and until he or she has paid |
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| 1 | | a reinstatement fee of $100. | 2 | | (5.5) In addition to any other penalties imposed, a person | 3 | | convicted of violating Section 3-707 of the Illinois Vehicle | 4 | | Code during a period in which his or her driver's license, | 5 | | permit, or privileges were suspended for a previous violation | 6 | | of that Section shall have his or her driver's license, permit, | 7 | | or privileges suspended for an additional 6 months after the | 8 | | expiration of the original 3-month suspension and until he or | 9 | | she has paid a reinstatement fee of $100.
| 10 | | (6) (Blank).
| 11 | | (7) (Blank).
| 12 | | (8) (Blank).
| 13 | | (9) A defendant convicted of a second or subsequent offense | 14 | | of ritualized
abuse of a child may be sentenced to a term of | 15 | | natural life imprisonment.
| 16 | | (10) (Blank).
| 17 | | (11) The court shall impose a minimum fine of $1,000 for a | 18 | | first offense
and $2,000 for a second or subsequent offense | 19 | | upon a person convicted of or
placed on supervision for battery | 20 | | when the individual harmed was a sports
official or coach at | 21 | | any level of competition and the act causing harm to the
sports
| 22 | | official or coach occurred within an athletic facility or | 23 | | within the immediate vicinity
of the athletic facility at which | 24 | | the sports official or coach was an active
participant
of the | 25 | | athletic contest held at the athletic facility. For the | 26 | | purposes of
this paragraph (11), "sports official" means a |
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| 1 | | person at an athletic contest
who enforces the rules of the | 2 | | contest, such as an umpire or referee; "athletic facility" | 3 | | means an indoor or outdoor playing field or recreational area | 4 | | where sports activities are conducted;
and "coach" means a | 5 | | person recognized as a coach by the sanctioning
authority that | 6 | | conducted the sporting event. | 7 | | (12) A person may not receive a disposition of court | 8 | | supervision for a
violation of Section 5-16 of the Boat | 9 | | Registration and Safety Act if that
person has previously | 10 | | received a disposition of court supervision for a
violation of | 11 | | that Section.
| 12 | | (13) A person convicted of or placed on court supervision | 13 | | for an assault or aggravated assault when the victim and the | 14 | | offender are family or household members as defined in Section | 15 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted | 16 | | of domestic battery or aggravated domestic battery may be | 17 | | required to attend a Partner Abuse Intervention Program under | 18 | | protocols set forth by the Illinois Department of Human | 19 | | Services under such terms and conditions imposed by the court. | 20 | | The costs of such classes shall be paid by the offender.
| 21 | | (d) In any case in which a sentence originally imposed is | 22 | | vacated,
the case shall be remanded to the trial court. The | 23 | | trial court shall
hold a hearing under Section 5-4-1 of the | 24 | | Unified Code of Corrections
which may include evidence of the | 25 | | defendant's life, moral character and
occupation during the | 26 | | time since the original sentence was passed. The
trial court |
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| 1 | | shall then impose sentence upon the defendant. The trial
court | 2 | | may impose any sentence which could have been imposed at the
| 3 | | original trial subject to Section 5-5-4 of the Unified Code of | 4 | | Corrections.
If a sentence is vacated on appeal or on | 5 | | collateral attack due to the
failure of the trier of fact at | 6 | | trial to determine beyond a reasonable doubt
the
existence of a | 7 | | fact (other than a prior conviction) necessary to increase the
| 8 | | punishment for the offense beyond the statutory maximum | 9 | | otherwise applicable,
either the defendant may be re-sentenced | 10 | | to a term within the range otherwise
provided or, if the State | 11 | | files notice of its intention to again seek the
extended | 12 | | sentence, the defendant shall be afforded a new trial.
| 13 | | (e) In cases where prosecution for
aggravated criminal | 14 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | 15 | | Code of 1961 or the Criminal Code of 2012 results in conviction | 16 | | of a defendant
who was a family member of the victim at the | 17 | | time of the commission of the
offense, the court shall consider | 18 | | the safety and welfare of the victim and
may impose a sentence | 19 | | of probation only where:
| 20 | | (1) the court finds (A) or (B) or both are appropriate:
| 21 | | (A) the defendant is willing to undergo a court | 22 | | approved counseling
program for a minimum duration of 2 | 23 | | years; or
| 24 | | (B) the defendant is willing to participate in a | 25 | | court approved plan
including but not limited to the | 26 | | defendant's:
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| 1 | | (i) removal from the household;
| 2 | | (ii) restricted contact with the victim;
| 3 | | (iii) continued financial support of the | 4 | | family;
| 5 | | (iv) restitution for harm done to the victim; | 6 | | and
| 7 | | (v) compliance with any other measures that | 8 | | the court may
deem appropriate; and
| 9 | | (2) the court orders the defendant to pay for the | 10 | | victim's counseling
services, to the extent that the court | 11 | | finds, after considering the
defendant's income and | 12 | | assets, that the defendant is financially capable of
paying | 13 | | for such services, if the victim was under 18 years of age | 14 | | at the
time the offense was committed and requires | 15 | | counseling as a result of the
offense.
| 16 | | Probation may be revoked or modified pursuant to Section | 17 | | 5-6-4; except
where the court determines at the hearing that | 18 | | the defendant violated a
condition of his or her probation | 19 | | restricting contact with the victim or
other family members or | 20 | | commits another offense with the victim or other
family | 21 | | members, the court shall revoke the defendant's probation and
| 22 | | impose a term of imprisonment.
| 23 | | For the purposes of this Section, "family member" and | 24 | | "victim" shall have
the meanings ascribed to them in Section | 25 | | 11-0.1 of the Criminal Code of
2012.
| 26 | | (f) (Blank).
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| 1 | | (g) Whenever a defendant is convicted of an offense under | 2 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | 3 | | 11-14.3, 11-14.4 except for an offense that involves keeping a | 4 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | 5 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | 6 | | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012,
the defendant shall undergo medical | 8 | | testing to
determine whether the defendant has any sexually | 9 | | transmissible disease,
including a test for infection with | 10 | | human immunodeficiency virus (HIV) or
any other identified | 11 | | causative agent of acquired immunodeficiency syndrome
(AIDS). | 12 | | Any such medical test shall be performed only by appropriately
| 13 | | licensed medical practitioners and may include an analysis of | 14 | | any bodily
fluids as well as an examination of the defendant's | 15 | | person.
Except as otherwise provided by law, the results of | 16 | | such test shall be kept
strictly confidential by all medical | 17 | | personnel involved in the testing and must
be personally | 18 | | delivered in a sealed envelope to the judge of the court in | 19 | | which
the conviction was entered for the judge's inspection in | 20 | | camera. Acting in
accordance with the best interests of the | 21 | | victim and the public, the judge
shall have the discretion to | 22 | | determine to whom, if anyone, the results of the
testing may be | 23 | | revealed. The court shall notify the defendant
of the test | 24 | | results. The court shall
also notify the victim if requested by | 25 | | the victim, and if the victim is under
the age of 15 and if | 26 | | requested by the victim's parents or legal guardian, the
court |
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| 1 | | shall notify the victim's parents or legal guardian of the test
| 2 | | results.
The court shall provide information on the | 3 | | availability of HIV testing
and counseling at Department of | 4 | | Public Health facilities to all parties to
whom the results of | 5 | | the testing are revealed and shall direct the State's
Attorney | 6 | | to provide the information to the victim when possible.
A | 7 | | State's Attorney may petition the court to obtain the results | 8 | | of any HIV test
administered under this Section, and the court | 9 | | shall grant the disclosure if
the State's Attorney shows it is | 10 | | relevant in order to prosecute a charge of
criminal | 11 | | transmission of HIV under Section 12-5.01 or 12-16.2 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012
against the | 13 | | defendant. The court shall order that the cost of any such test
| 14 | | shall be paid by the county and may be taxed as costs against | 15 | | the convicted
defendant.
| 16 | | (g-5) When an inmate is tested for an airborne communicable | 17 | | disease, as
determined by the Illinois Department of Public | 18 | | Health including but not
limited to tuberculosis, the results | 19 | | of the test shall be
personally delivered by the warden or his | 20 | | or her designee in a sealed envelope
to the judge of the court | 21 | | in which the inmate must appear for the judge's
inspection in | 22 | | camera if requested by the judge. Acting in accordance with the
| 23 | | best interests of those in the courtroom, the judge shall have | 24 | | the discretion
to determine what if any precautions need to be | 25 | | taken to prevent transmission
of the disease in the courtroom.
| 26 | | (h) Whenever a defendant is convicted of an offense under |
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| 1 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 2 | | defendant shall undergo
medical testing to determine whether | 3 | | the defendant has been exposed to human
immunodeficiency virus | 4 | | (HIV) or any other identified causative agent of
acquired | 5 | | immunodeficiency syndrome (AIDS). Except as otherwise provided | 6 | | by
law, the results of such test shall be kept strictly | 7 | | confidential by all
medical personnel involved in the testing | 8 | | and must be personally delivered in a
sealed envelope to the | 9 | | judge of the court in which the conviction was entered
for the | 10 | | judge's inspection in camera. Acting in accordance with the | 11 | | best
interests of the public, the judge shall have the | 12 | | discretion to determine to
whom, if anyone, the results of the | 13 | | testing may be revealed. The court shall
notify the defendant | 14 | | of a positive test showing an infection with the human
| 15 | | immunodeficiency virus (HIV). The court shall provide | 16 | | information on the
availability of HIV testing and counseling | 17 | | at Department of Public Health
facilities to all parties to | 18 | | whom the results of the testing are revealed and
shall direct | 19 | | the State's Attorney to provide the information to the victim | 20 | | when
possible. A State's Attorney may petition the court to | 21 | | obtain the results of
any HIV test administered under this | 22 | | Section, and the court shall grant the
disclosure if the | 23 | | State's Attorney shows it is relevant in order to prosecute a
| 24 | | charge of criminal transmission of HIV under Section 12-5.01 or | 25 | | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | 26 | | 2012 against the defendant. The court shall order that the cost |
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| 1 | | of any
such test shall be paid by the county and may be taxed as | 2 | | costs against the
convicted defendant.
| 3 | | (i) All fines and penalties imposed under this Section for | 4 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 5 | | Vehicle Code, or a similar
provision of a local ordinance, and | 6 | | any violation
of the Child Passenger Protection Act, or a | 7 | | similar provision of a local
ordinance, shall be collected and | 8 | | disbursed by the circuit
clerk as provided under Section 27.5 | 9 | | of the Clerks of Courts Act.
| 10 | | (j) In cases when prosecution for any violation of Section | 11 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | 12 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | 13 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 14 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | 15 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, any violation of the Illinois Controlled | 17 | | Substances Act,
any violation of the Cannabis Control Act, or | 18 | | any violation of the Methamphetamine Control and Community | 19 | | Protection Act results in conviction, a
disposition of court | 20 | | supervision, or an order of probation granted under
Section 10 | 21 | | of the Cannabis Control Act, Section 410 of the Illinois
| 22 | | Controlled Substances Act, or Section 70 of the Methamphetamine | 23 | | Control and Community Protection Act of a defendant, the court | 24 | | shall determine whether the
defendant is employed by a facility | 25 | | or center as defined under the Child Care
Act of 1969, a public | 26 | | or private elementary or secondary school, or otherwise
works |
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| 1 | | with children under 18 years of age on a daily basis. When a | 2 | | defendant
is so employed, the court shall order the Clerk of | 3 | | the Court to send a copy of
the judgment of conviction or order | 4 | | of supervision or probation to the
defendant's employer by | 5 | | certified mail.
If the employer of the defendant is a school, | 6 | | the Clerk of the Court shall
direct the mailing of a copy of | 7 | | the judgment of conviction or order of
supervision or probation | 8 | | to the appropriate regional superintendent of schools.
The | 9 | | regional superintendent of schools shall notify the State Board | 10 | | of
Education of any notification under this subsection.
| 11 | | (j-5) A defendant at least 17 years of age who is convicted | 12 | | of a felony and
who has not been previously convicted of a | 13 | | misdemeanor or felony and who is
sentenced to a term of | 14 | | imprisonment in the Illinois Department of Corrections
shall as | 15 | | a condition of his or her sentence be required by the court to | 16 | | attend
educational courses designed to prepare the defendant | 17 | | for a high school diploma
and to work toward a high school | 18 | | diploma or to work toward passing high school equivalency | 19 | | testing or to work toward
completing a vocational training | 20 | | program offered by the Department of
Corrections. If a | 21 | | defendant fails to complete the educational training
required | 22 | | by his or her sentence during the term of incarceration, the | 23 | | Prisoner
Review Board shall, as a condition of mandatory | 24 | | supervised release, require the
defendant, at his or her own | 25 | | expense, to pursue a course of study toward a high
school | 26 | | diploma or passage of high school equivalency testing. The |
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| 1 | | Prisoner Review Board shall
revoke the mandatory supervised | 2 | | release of a defendant who wilfully fails to
comply with this | 3 | | subsection (j-5) upon his or her release from confinement in a
| 4 | | penal institution while serving a mandatory supervised release | 5 | | term; however,
the inability of the defendant after making a | 6 | | good faith effort to obtain
financial aid or pay for the | 7 | | educational training shall not be deemed a wilful
failure to | 8 | | comply. The Prisoner Review Board shall recommit the defendant
| 9 | | whose mandatory supervised release term has been revoked under | 10 | | this subsection
(j-5) as provided in Section 3-3-9. This | 11 | | subsection (j-5) does not apply to a
defendant who has a high | 12 | | school diploma or has successfully passed high school | 13 | | equivalency testing. This subsection (j-5) does not apply to a | 14 | | defendant who is determined by
the court to be developmentally | 15 | | disabled or otherwise mentally incapable of
completing the | 16 | | educational or vocational program.
| 17 | | (k) (Blank).
| 18 | | (l) (A) Except as provided
in paragraph (C) of subsection | 19 | | (l), whenever a defendant,
who is an alien as defined by the | 20 | | Immigration and Nationality Act, is convicted
of any felony or | 21 | | misdemeanor offense, the court after sentencing the defendant
| 22 | | may, upon motion of the State's Attorney, hold sentence in | 23 | | abeyance and remand
the defendant to the custody of the | 24 | | Attorney General of
the United States or his or her designated | 25 | | agent to be deported when:
| 26 | | (1) a final order of deportation has been issued |
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| 1 | | against the defendant
pursuant to proceedings under the | 2 | | Immigration and Nationality Act, and
| 3 | | (2) the deportation of the defendant would not | 4 | | deprecate the seriousness
of the defendant's conduct and | 5 | | would not be inconsistent with the ends of
justice.
| 6 | | Otherwise, the defendant shall be sentenced as provided in | 7 | | this Chapter V.
| 8 | | (B) If the defendant has already been sentenced for a | 9 | | felony or
misdemeanor
offense, or has been placed on probation | 10 | | under Section 10 of the Cannabis
Control Act,
Section 410 of | 11 | | the Illinois Controlled Substances Act, or Section 70 of the | 12 | | Methamphetamine Control and Community Protection Act, the | 13 | | court
may, upon motion of the State's Attorney to suspend the
| 14 | | sentence imposed, commit the defendant to the custody of the | 15 | | Attorney General
of the United States or his or her designated | 16 | | agent when:
| 17 | | (1) a final order of deportation has been issued | 18 | | against the defendant
pursuant to proceedings under the | 19 | | Immigration and Nationality Act, and
| 20 | | (2) the deportation of the defendant would not | 21 | | deprecate the seriousness
of the defendant's conduct and | 22 | | would not be inconsistent with the ends of
justice.
| 23 | | (C) This subsection (l) does not apply to offenders who are | 24 | | subject to the
provisions of paragraph (2) of subsection (a) of | 25 | | Section 3-6-3.
| 26 | | (D) Upon motion of the State's Attorney, if a defendant |
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| 1 | | sentenced under
this Section returns to the jurisdiction of the | 2 | | United States, the defendant
shall be recommitted to the | 3 | | custody of the county from which he or she was
sentenced.
| 4 | | Thereafter, the defendant shall be brought before the | 5 | | sentencing court, which
may impose any sentence that was | 6 | | available under Section 5-5-3 at the time of
initial | 7 | | sentencing. In addition, the defendant shall not be eligible | 8 | | for
additional sentence credit for good conduct as provided | 9 | | under
Section 3-6-3.
| 10 | | (m) A person convicted of criminal defacement of property | 11 | | under Section
21-1.3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, in which the property damage exceeds | 13 | | $300
and the property damaged is a school building, shall be | 14 | | ordered to perform
community service that may include cleanup, | 15 | | removal, or painting over the
defacement.
| 16 | | (n) The court may sentence a person convicted of a | 17 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | 18 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | 19 | | of 1961 or the Criminal Code of 2012 (i) to an impact
| 20 | | incarceration program if the person is otherwise eligible for | 21 | | that program
under Section 5-8-1.1, (ii) to community service, | 22 | | or (iii) if the person is an
addict or alcoholic, as defined in | 23 | | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | 24 | | substance or alcohol abuse 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. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | 5 | | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | 6 | | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | 7 | | eff. 7-16-14 .)".
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