Illinois General Assembly - Full Text of SB2872
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Full Text of SB2872  99th General Assembly

SB2872enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2872 EnrolledLRB099 19925 RLC 44324 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Criminal Justice Information Act is
5amended by changing Section 7 as follows:
 
6    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)
7    Sec. 7. Powers and Duties. The Authority shall have the
8following powers, duties and responsibilities:
9        (a) To develop and operate comprehensive information
10    systems for the improvement and coordination of all aspects
11    of law enforcement, prosecution and corrections;
12        (b) To define, develop, evaluate and correlate State
13    and local programs and projects associated with the
14    improvement of law enforcement and the administration of
15    criminal justice;
16        (c) To act as a central repository and clearing house
17    for federal, state and local research studies, plans,
18    projects, proposals and other information relating to all
19    aspects of criminal justice system improvement and to
20    encourage educational programs for citizen support of
21    State and local efforts to make such improvements;
22        (d) To undertake research studies to aid in
23    accomplishing its purposes;

 

 

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1        (e) To monitor the operation of existing criminal
2    justice information systems in order to protect the
3    constitutional rights and privacy of individuals about
4    whom criminal history record information has been
5    collected;
6        (f) To provide an effective administrative forum for
7    the protection of the rights of individuals concerning
8    criminal history record information;
9        (g) To issue regulations, guidelines and procedures
10    which ensure the privacy and security of criminal history
11    record information consistent with State and federal laws;
12        (h) To act as the sole administrative appeal body in
13    the State of Illinois to conduct hearings and make final
14    determinations concerning individual challenges to the
15    completeness and accuracy of criminal history record
16    information;
17        (i) To act as the sole, official, criminal justice body
18    in the State of Illinois to conduct annual and periodic
19    audits of the procedures, policies, and practices of the
20    State central repositories for criminal history record
21    information to verify compliance with federal and state
22    laws and regulations governing such information;
23        (j) To advise the Authority's Statistical Analysis
24    Center;
25        (k) To apply for, receive, establish priorities for,
26    allocate, disburse and spend grants of funds that are made

 

 

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1    available by and received on or after January 1, 1983 from
2    private sources or from the United States pursuant to the
3    federal Crime Control Act of 1973, as amended, and similar
4    federal legislation, and to enter into agreements with the
5    United States government to further the purposes of this
6    Act, or as may be required as a condition of obtaining
7    federal funds;
8        (l) To receive, expend and account for such funds of
9    the State of Illinois as may be made available to further
10    the purposes of this Act;
11        (m) To enter into contracts and to cooperate with units
12    of general local government or combinations of such units,
13    State agencies, and criminal justice system agencies of
14    other states for the purpose of carrying out the duties of
15    the Authority imposed by this Act or by the federal Crime
16    Control Act of 1973, as amended;
17        (n) To enter into contracts and cooperate with units of
18    general local government outside of Illinois, other
19    states' agencies, and private organizations outside of
20    Illinois to provide computer software or design that has
21    been developed for the Illinois criminal justice system, or
22    to participate in the cooperative development or design of
23    new software or systems to be used by the Illinois criminal
24    justice system. Revenues received as a result of such
25    arrangements shall be deposited in the Criminal Justice
26    Information Systems Trust Fund; .

 

 

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1        (o) To establish general policies concerning criminal
2    justice information systems and to promulgate such rules,
3    regulations and procedures as are necessary to the
4    operation of the Authority and to the uniform consideration
5    of appeals and audits;
6        (p) To advise and to make recommendations to the
7    Governor and the General Assembly on policies relating to
8    criminal justice information systems;
9        (q) To direct all other agencies under the jurisdiction
10    of the Governor to provide whatever assistance and
11    information the Authority may lawfully require to carry out
12    its functions;
13        (r) To exercise any other powers that are reasonable
14    and necessary to fulfill the responsibilities of the
15    Authority under this Act and to comply with the
16    requirements of applicable federal law or regulation;
17        (s) To exercise the rights, powers and duties which
18    have been vested in the Authority by the "Illinois Uniform
19    Conviction Information Act", enacted by the 85th General
20    Assembly, as hereafter amended;
21        (t) To exercise the rights, powers and duties which
22    have been vested in the Authority by the Illinois Motor
23    Vehicle Theft Prevention Act;
24        (u) To exercise the rights, powers, and duties vested
25    in the Authority by the Illinois Public Safety Agency
26    Network Act; and

 

 

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1        (v) To provide technical assistance in the form of
2    training to local governmental entities within Illinois
3    requesting such assistance for the purposes of procuring
4    grants for gang intervention and gang prevention programs
5    or other criminal justice programs from the United States
6    Department of Justice; and .
7        (w) To conduct strategic planning and provide
8    technical assistance to implement comprehensive trauma
9    recovery services for violent crime victims in underserved
10    communities with high levels of violent crime, with the
11    goal of providing a safe, community-based, culturally
12    competent environment in which to access services
13    necessary to facilitate recovery from the effects of
14    chronic and repeat exposure to trauma. Services may
15    include, but are not limited to, behavioral health
16    treatment, financial recovery, family support and
17    relocation assistance, and support in navigating the legal
18    system.
19    The requirement for reporting to the General Assembly shall
20be satisfied by filing copies of the report with the Speaker,
21the Minority Leader and the Clerk of the House of
22Representatives and the President, the Minority Leader and the
23Secretary of the Senate and the Legislative Research Unit, as
24required by Section 3.1 of "An Act to revise the law in
25relation to the General Assembly", approved February 25, 1874,
26as amended, and filing such additional copies with the State

 

 

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1Government Report Distribution Center for the General Assembly
2as is required under paragraph (t) of Section 7 of the State
3Library Act.
4(Source: P.A. 97-435, eff. 1-1-12.)
 
5    Section 10. The Unified Code of Corrections is amended by
6changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
 
7    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
8    Sec. 3-6-3. Rules and regulations for sentence credit.
9    (a)(1) The Department of Corrections shall prescribe rules
10and regulations for awarding and revoking sentence credit for
11persons committed to the Department which shall be subject to
12review by the Prisoner Review Board.
13    (1.5) As otherwise provided by law, sentence credit may be
14awarded for the following:
15        (A) successful completion of programming while in
16    custody of the Department or while in custody prior to
17    sentencing;
18        (B) compliance with the rules and regulations of the
19    Department; or
20        (C) service to the institution, service to a community,
21    or service to the State.
22    (2) The rules and regulations on sentence credit shall
23provide, with respect to offenses listed in clause (i), (ii),
24or (iii) of this paragraph (2) committed on or after June 19,

 

 

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11998 or with respect to the offense listed in clause (iv) of
2this paragraph (2) committed on or after June 23, 2005 (the
3effective date of Public Act 94-71) or with respect to offense
4listed in clause (vi) committed on or after June 1, 2008 (the
5effective date of Public Act 95-625) or with respect to the
6offense of being an armed habitual criminal committed on or
7after August 2, 2005 (the effective date of Public Act 94-398)
8or with respect to the offenses listed in clause (v) of this
9paragraph (2) committed on or after August 13, 2007 (the
10effective date of Public Act 95-134) or with respect to the
11offense of aggravated domestic battery committed on or after
12July 23, 2010 (the effective date of Public Act 96-1224) or
13with respect to the offense of attempt to commit terrorism
14committed on or after January 1, 2013 (the effective date of
15Public Act 97-990), the following:
16        (i) that a prisoner who is serving a term of
17    imprisonment for first degree murder or for the offense of
18    terrorism shall receive no sentence credit and shall serve
19    the entire sentence imposed by the court;
20        (ii) that a prisoner serving a sentence for attempt to
21    commit terrorism, attempt to commit first degree murder,
22    solicitation of murder, solicitation of murder for hire,
23    intentional homicide of an unborn child, predatory
24    criminal sexual assault of a child, aggravated criminal
25    sexual assault, criminal sexual assault, aggravated
26    kidnapping, aggravated battery with a firearm as described

 

 

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1    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
2    (e)(4) of Section 12-3.05, heinous battery as described in
3    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
4    being an armed habitual criminal, aggravated battery of a
5    senior citizen as described in Section 12-4.6 or
6    subdivision (a)(4) of Section 12-3.05, or aggravated
7    battery of a child as described in Section 12-4.3 or
8    subdivision (b)(1) of Section 12-3.05 shall receive no more
9    than 4.5 days of sentence credit for each month of his or
10    her sentence of imprisonment;
11        (iii) that a prisoner serving a sentence for home
12    invasion, armed robbery, aggravated vehicular hijacking,
13    aggravated discharge of a firearm, or armed violence with a
14    category I weapon or category II weapon, when the court has
15    made and entered a finding, pursuant to subsection (c-1) of
16    Section 5-4-1 of this Code, that the conduct leading to
17    conviction for the enumerated offense resulted in great
18    bodily harm to a victim, shall receive no more than 4.5
19    days of sentence credit for each month of his or her
20    sentence of imprisonment;
21        (iv) that a prisoner serving a sentence for aggravated
22    discharge of a firearm, whether or not the conduct leading
23    to conviction for the offense resulted in great bodily harm
24    to the victim, shall receive no more than 4.5 days of
25    sentence credit for each month of his or her sentence of
26    imprisonment;

 

 

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1        (v) that a person serving a sentence for gunrunning,
2    narcotics racketeering, controlled substance trafficking,
3    methamphetamine trafficking, drug-induced homicide,
4    aggravated methamphetamine-related child endangerment,
5    money laundering pursuant to clause (c) (4) or (5) of
6    Section 29B-1 of the Criminal Code of 1961 or the Criminal
7    Code of 2012, or a Class X felony conviction for delivery
8    of a controlled substance, possession of a controlled
9    substance with intent to manufacture or deliver,
10    calculated criminal drug conspiracy, criminal drug
11    conspiracy, street gang criminal drug conspiracy,
12    participation in methamphetamine manufacturing, aggravated
13    participation in methamphetamine manufacturing, delivery
14    of methamphetamine, possession with intent to deliver
15    methamphetamine, aggravated delivery of methamphetamine,
16    aggravated possession with intent to deliver
17    methamphetamine, methamphetamine conspiracy when the
18    substance containing the controlled substance or
19    methamphetamine is 100 grams or more shall receive no more
20    than 7.5 days sentence credit for each month of his or her
21    sentence of imprisonment;
22        (vi) that a prisoner serving a sentence for a second or
23    subsequent offense of luring a minor shall receive no more
24    than 4.5 days of sentence credit for each month of his or
25    her sentence of imprisonment; and
26        (vii) that a prisoner serving a sentence for aggravated

 

 

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1    domestic battery shall receive no more than 4.5 days of
2    sentence credit for each month of his or her sentence of
3    imprisonment.
4    (2.1) For all offenses, other than those enumerated in
5subdivision (a)(2)(i), (ii), or (iii) committed on or after
6June 19, 1998 or subdivision (a)(2)(iv) committed on or after
7June 23, 2005 (the effective date of Public Act 94-71) or
8subdivision (a)(2)(v) committed on or after August 13, 2007
9(the effective date of Public Act 95-134) or subdivision
10(a)(2)(vi) committed on or after June 1, 2008 (the effective
11date of Public Act 95-625) or subdivision (a)(2)(vii) committed
12on or after July 23, 2010 (the effective date of Public Act
1396-1224), and other than the offense of aggravated driving
14under the influence of alcohol, other drug or drugs, or
15intoxicating compound or compounds, or any combination thereof
16as defined in subparagraph (F) of paragraph (1) of subsection
17(d) of Section 11-501 of the Illinois Vehicle Code, and other
18than the offense of aggravated driving under the influence of
19alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof as defined in
21subparagraph (C) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code committed on or after
23January 1, 2011 (the effective date of Public Act 96-1230), the
24rules and regulations shall provide that a prisoner who is
25serving a term of imprisonment shall receive one day of
26sentence credit for each day of his or her sentence of

 

 

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1imprisonment or recommitment under Section 3-3-9. Each day of
2sentence credit shall reduce by one day the prisoner's period
3of imprisonment or recommitment under Section 3-3-9.
4    (2.2) A prisoner serving a term of natural life
5imprisonment or a prisoner who has been sentenced to death
6shall receive no sentence credit.
7    (2.3) The rules and regulations on sentence credit shall
8provide that a prisoner who is serving a sentence for
9aggravated driving under the influence of alcohol, other drug
10or drugs, or intoxicating compound or compounds, or any
11combination thereof as defined in subparagraph (F) of paragraph
12(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
13Code, shall receive no more than 4.5 days of sentence credit
14for each month of his or her sentence of imprisonment.
15    (2.4) The rules and regulations on sentence credit shall
16provide with respect to the offenses of aggravated battery with
17a machine gun or a firearm equipped with any device or
18attachment designed or used for silencing the report of a
19firearm or aggravated discharge of a machine gun or a firearm
20equipped with any device or attachment designed or used for
21silencing the report of a firearm, committed on or after July
2215, 1999 (the effective date of Public Act 91-121), that a
23prisoner serving a sentence for any of these offenses shall
24receive no more than 4.5 days of sentence credit for each month
25of his or her sentence of imprisonment.
26    (2.5) The rules and regulations on sentence credit shall

 

 

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1provide that a prisoner who is serving a sentence for
2aggravated arson committed on or after July 27, 2001 (the
3effective date of Public Act 92-176) shall receive no more than
44.5 days of sentence credit for each month of his or her
5sentence of imprisonment.
6    (2.6) The rules and regulations on sentence credit shall
7provide that a prisoner who is serving a sentence for
8aggravated driving under the influence of alcohol, other drug
9or drugs, or intoxicating compound or compounds or any
10combination thereof as defined in subparagraph (C) of paragraph
11(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
12Code committed on or after January 1, 2011 (the effective date
13of Public Act 96-1230) shall receive no more than 4.5 days of
14sentence credit for each month of his or her sentence of
15imprisonment.
16    (3) The rules and regulations shall also provide that the
17Director may award up to 180 days of earned additional sentence
18credit for good conduct in specific instances as the Director
19deems proper. The good conduct may include, but is not limited
20to, compliance with the rules and regulations of the
21Department, service to the Department, service to a community,
22or service to the State. However, the Director shall not award
23more than 90 days of sentence credit for good conduct to any
24prisoner who is serving a sentence for conviction of first
25degree murder, reckless homicide while under the influence of
26alcohol or any other drug, or aggravated driving under the

 

 

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1influence of alcohol, other drug or drugs, or intoxicating
2compound or compounds, or any combination thereof as defined in
3subparagraph (F) of paragraph (1) of subsection (d) of Section
411-501 of the Illinois Vehicle Code, aggravated kidnapping,
5kidnapping, predatory criminal sexual assault of a child,
6aggravated criminal sexual assault, criminal sexual assault,
7deviate sexual assault, aggravated criminal sexual abuse,
8aggravated indecent liberties with a child, indecent liberties
9with a child, child pornography, heinous battery as described
10in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
11aggravated battery of a spouse, aggravated battery of a spouse
12with a firearm, stalking, aggravated stalking, aggravated
13battery of a child as described in Section 12-4.3 or
14subdivision (b)(1) of Section 12-3.05, endangering the life or
15health of a child, or cruelty to a child. Notwithstanding the
16foregoing, sentence credit for good conduct shall not be
17awarded on a sentence of imprisonment imposed for conviction
18of: (i) one of the offenses enumerated in subdivision
19(a)(2)(i), (ii), or (iii) when the offense is committed on or
20after June 19, 1998 or subdivision (a)(2)(iv) when the offense
21is committed on or after June 23, 2005 (the effective date of
22Public Act 94-71) or subdivision (a)(2)(v) when the offense is
23committed on or after August 13, 2007 (the effective date of
24Public Act 95-134) or subdivision (a)(2)(vi) when the offense
25is committed on or after June 1, 2008 (the effective date of
26Public Act 95-625) or subdivision (a)(2)(vii) when the offense

 

 

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1is committed on or after July 23, 2010 (the effective date of
2Public Act 96-1224), (ii) aggravated driving under the
3influence of alcohol, other drug or drugs, or intoxicating
4compound or compounds, or any combination thereof as defined in
5subparagraph (F) of paragraph (1) of subsection (d) of Section
611-501 of the Illinois Vehicle Code, (iii) one of the offenses
7enumerated in subdivision (a)(2.4) when the offense is
8committed on or after July 15, 1999 (the effective date of
9Public Act 91-121), (iv) aggravated arson when the offense is
10committed on or after July 27, 2001 (the effective date of
11Public Act 92-176), (v) offenses that may subject the offender
12to commitment under the Sexually Violent Persons Commitment
13Act, or (vi) aggravated driving under the influence of alcohol,
14other drug or drugs, or intoxicating compound or compounds or
15any combination thereof as defined in subparagraph (C) of
16paragraph (1) of subsection (d) of Section 11-501 of the
17Illinois Vehicle Code committed on or after January 1, 2011
18(the effective date of Public Act 96-1230).
19    Eligible inmates for an award of earned sentence credit
20under this paragraph (3) may be selected to receive the credit
21at the Director's or his or her designee's sole discretion.
22Eligibility for the additional earned sentence credit under
23this paragraph (3) shall be based on, but is not limited to,
24the results of any available risk/needs assessment or other
25relevant assessments or evaluations administered by the
26Department using a validated instrument, the circumstances of

 

 

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1the crime, any history of conviction for a forcible felony
2enumerated in Section 2-8 of the Criminal Code of 2012, the
3inmate's behavior and disciplinary history while incarcerated,
4and the inmate's commitment to rehabilitation, including
5participation in programming offered by the Department.
6Consideration may be based on, but not limited to, any
7available risk assessment analysis on the inmate, any history
8of conviction for violent crimes as defined by the Rights of
9Crime Victims and Witnesses Act, facts and circumstances of the
10inmate's holding offense or offenses, and the potential for
11rehabilitation.
12    The Director shall not award sentence credit under this
13paragraph (3) to an inmate unless the inmate has served a
14minimum of 60 days of the sentence; except nothing in this
15paragraph shall be construed to permit the Director to extend
16an inmate's sentence beyond that which was imposed by the
17court. Prior to awarding credit under this paragraph (3), the
18Director shall make a written determination that the inmate:
19        (A) is eligible for the earned sentence credit;
20        (B) has served a minimum of 60 days, or as close to 60
21    days as the sentence will allow; and
22        (B-1) has received a risk/needs assessment or other
23    relevant evaluation or assessment administered by the
24    Department using a validated instrument; and
25        (C) has met the eligibility criteria established under
26    paragraph (4) of this subsection (a) and by rule for earned

 

 

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1    sentence credit.
2    The Director shall determine the form and content of the
3written determination required in this subsection.
4    (3.5) The Department shall provide annual written reports
5to the Governor and the General Assembly on the award of earned
6sentence credit no later than February 1 of each year for good
7conduct, with the first report due January 1, 2014. The
8Department must publish both reports on its website within 48
9hours of transmitting the reports to the Governor and the
10General Assembly. The reports must include:
11        (A) the number of inmates awarded earned sentence
12    credit for good conduct;
13        (B) the average amount of earned sentence credit for
14    good conduct awarded;
15        (C) the holding offenses of inmates awarded earned
16    sentence credit for good conduct; and
17        (D) the number of earned sentence credit for good
18    conduct revocations.
19    (4) The rules and regulations shall also provide that the
20sentence credit accumulated and retained under paragraph (2.1)
21of subsection (a) of this Section by any inmate during specific
22periods of time in which such inmate is engaged full-time in
23substance abuse programs, correctional industry assignments,
24educational programs, behavior modification programs, life
25skills courses, or re-entry planning provided by the Department
26under this paragraph (4) and satisfactorily completes the

 

 

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1assigned program as determined by the standards of the
2Department, shall be multiplied by a factor of 1.25 for program
3participation before August 11, 1993 and 1.50 for program
4participation on or after that date. The rules and regulations
5shall also provide that sentence credit, subject to the same
6offense limits and multiplier provided in this paragraph, may
7be provided to an inmate who was held in pre-trial detention
8prior to his or her current commitment to the Department of
9Corrections and successfully completed a full-time, 60-day or
10longer substance abuse program, educational program, behavior
11modification program, life skills course, or re-entry planning
12provided by the county department of corrections or county
13jail. Calculation of this county program credit shall be done
14at sentencing as provided in Section 5-4.5-100 of this Code and
15shall be included in the sentencing order. However, no inmate
16shall be eligible for the additional sentence credit under this
17paragraph (4) or (4.1) of this subsection (a) while assigned to
18a boot camp or electronic detention, or if convicted of an
19offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
20this Section that is committed on or after June 19, 1998 or
21subdivision (a)(2)(iv) of this Section that is committed on or
22after June 23, 2005 (the effective date of Public Act 94-71) or
23subdivision (a)(2)(v) of this Section that is committed on or
24after August 13, 2007 (the effective date of Public Act 95-134)
25or subdivision (a)(2)(vi) when the offense is committed on or
26after June 1, 2008 (the effective date of Public Act 95-625) or

 

 

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1subdivision (a)(2)(vii) when the offense is committed on or
2after July 23, 2010 (the effective date of Public Act 96-1224),
3or if convicted of aggravated driving under the influence of
4alcohol, other drug or drugs, or intoxicating compound or
5compounds or any combination thereof as defined in subparagraph
6(F) of paragraph (1) of subsection (d) of Section 11-501 of the
7Illinois Vehicle Code, or if convicted of aggravated driving
8under the influence of alcohol, other drug or drugs, or
9intoxicating compound or compounds or any combination thereof
10as defined in subparagraph (C) of paragraph (1) of subsection
11(d) of Section 11-501 of the Illinois Vehicle Code committed on
12or after January 1, 2011 (the effective date of Public Act
1396-1230), or if convicted of an offense enumerated in paragraph
14(a)(2.4) of this Section that is committed on or after July 15,
151999 (the effective date of Public Act 91-121), or first degree
16murder, a Class X felony, criminal sexual assault, felony
17criminal sexual abuse, aggravated criminal sexual abuse,
18aggravated battery with a firearm as described in Section
1912-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
20Section 12-3.05, or any predecessor or successor offenses with
21the same or substantially the same elements, or any inchoate
22offenses relating to the foregoing offenses. No inmate shall be
23eligible for the additional good conduct credit under this
24paragraph (4) who (i) has previously received increased good
25conduct credit under this paragraph (4) and has subsequently
26been convicted of a felony, or (ii) has previously served more

 

 

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1than one prior sentence of imprisonment for a felony in an
2adult correctional facility.
3    Educational, vocational, substance abuse, behavior
4modification programs, life skills courses, re-entry planning,
5and correctional industry programs under which sentence credit
6may be increased under this paragraph (4) and paragraph (4.1)
7of this subsection (a) shall be evaluated by the Department on
8the basis of documented standards. The Department shall report
9the results of these evaluations to the Governor and the
10General Assembly by September 30th of each year. The reports
11shall include data relating to the recidivism rate among
12program participants.
13    Availability of these programs shall be subject to the
14limits of fiscal resources appropriated by the General Assembly
15for these purposes. Eligible inmates who are denied immediate
16admission shall be placed on a waiting list under criteria
17established by the Department. The inability of any inmate to
18become engaged in any such programs by reason of insufficient
19program resources or for any other reason established under the
20rules and regulations of the Department shall not be deemed a
21cause of action under which the Department or any employee or
22agent of the Department shall be liable for damages to the
23inmate.
24    (4.1) The rules and regulations shall also provide that an
25additional 90 days of sentence credit shall be awarded to any
26prisoner who passes high school equivalency testing while the

 

 

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1prisoner is committed to the Department of Corrections. The
2sentence credit awarded under this paragraph (4.1) shall be in
3addition to, and shall not affect, the award of sentence credit
4under any other paragraph of this Section, but shall also be
5pursuant to the guidelines and restrictions set forth in
6paragraph (4) of subsection (a) of this Section. The sentence
7credit provided for in this paragraph shall be available only
8to those prisoners who have not previously earned a high school
9diploma or a high school equivalency certificate. If, after an
10award of the high school equivalency testing sentence credit
11has been made, the Department determines that the prisoner was
12not eligible, then the award shall be revoked. The Department
13may also award 90 days of sentence credit to any committed
14person who passed high school equivalency testing while he or
15she was held in pre-trial detention prior to the current
16commitment to the Department of Corrections.
17    (4.5) The rules and regulations on sentence credit shall
18also provide that when the court's sentencing order recommends
19a prisoner for substance abuse treatment and the crime was
20committed on or after September 1, 2003 (the effective date of
21Public Act 93-354), the prisoner shall receive no sentence
22credit awarded under clause (3) of this subsection (a) unless
23he or she participates in and completes a substance abuse
24treatment program. The Director may waive the requirement to
25participate in or complete a substance abuse treatment program
26and award the sentence credit in specific instances if the

 

 

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1prisoner is not a good candidate for a substance abuse
2treatment program for medical, programming, or operational
3reasons. Availability of substance abuse treatment shall be
4subject to the limits of fiscal resources appropriated by the
5General Assembly for these purposes. If treatment is not
6available and the requirement to participate and complete the
7treatment has not been waived by the Director, the prisoner
8shall be placed on a waiting list under criteria established by
9the Department. The Director may allow a prisoner placed on a
10waiting list to participate in and complete a substance abuse
11education class or attend substance abuse self-help meetings in
12lieu of a substance abuse treatment program. A prisoner on a
13waiting list who is not placed in a substance abuse program
14prior to release may be eligible for a waiver and receive
15sentence credit under clause (3) of this subsection (a) at the
16discretion of the Director.
17    (4.6) The rules and regulations on sentence credit shall
18also provide that a prisoner who has been convicted of a sex
19offense as defined in Section 2 of the Sex Offender
20Registration Act shall receive no sentence credit unless he or
21she either has successfully completed or is participating in
22sex offender treatment as defined by the Sex Offender
23Management Board. However, prisoners who are waiting to receive
24treatment, but who are unable to do so due solely to the lack
25of resources on the part of the Department, may, at the
26Director's sole discretion, be awarded sentence credit at a

 

 

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1rate as the Director shall determine.
2    (5) Whenever the Department is to release any inmate
3earlier than it otherwise would because of a grant of earned
4sentence credit for good conduct under paragraph (3) of
5subsection (a) of this Section given at any time during the
6term, the Department shall give reasonable notice of the
7impending release not less than 14 days prior to the date of
8the release to the State's Attorney of the county where the
9prosecution of the inmate took place, and if applicable, the
10State's Attorney of the county into which the inmate will be
11released. The Department must also make identification
12information and a recent photo of the inmate being released
13accessible on the Internet by means of a hyperlink labeled
14"Community Notification of Inmate Early Release" on the
15Department's World Wide Web homepage. The identification
16information shall include the inmate's: name, any known alias,
17date of birth, physical characteristics, commitment offense
18and county where conviction was imposed. The identification
19information shall be placed on the website within 3 days of the
20inmate's release and the information may not be removed until
21either: completion of the first year of mandatory supervised
22release or return of the inmate to custody of the Department.
23    (b) Whenever a person is or has been committed under
24several convictions, with separate sentences, the sentences
25shall be construed under Section 5-8-4 in granting and
26forfeiting of sentence credit.

 

 

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1    (c) The Department shall prescribe rules and regulations
2for revoking sentence credit, including revoking sentence
3credit awarded for good conduct under paragraph (3) of
4subsection (a) of this Section. The Department shall prescribe
5rules and regulations for suspending or reducing the rate of
6accumulation of sentence credit for specific rule violations,
7during imprisonment. These rules and regulations shall provide
8that no inmate may be penalized more than one year of sentence
9credit for any one infraction.
10    When the Department seeks to revoke, suspend or reduce the
11rate of accumulation of any sentence credits for an alleged
12infraction of its rules, it shall bring charges therefor
13against the prisoner sought to be so deprived of sentence
14credits before the Prisoner Review Board as provided in
15subparagraph (a)(4) of Section 3-3-2 of this Code, if the
16amount of credit at issue exceeds 30 days or when during any 12
17month period, the cumulative amount of credit revoked exceeds
1830 days except where the infraction is committed or discovered
19within 60 days of scheduled release. In those cases, the
20Department of Corrections may revoke up to 30 days of sentence
21credit. The Board may subsequently approve the revocation of
22additional sentence credit, if the Department seeks to revoke
23sentence credit in excess of 30 days. However, the Board shall
24not be empowered to review the Department's decision with
25respect to the loss of 30 days of sentence credit within any
26calendar year for any prisoner or to increase any penalty

 

 

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1beyond the length requested by the Department.
2    The Director of the Department of Corrections, in
3appropriate cases, may restore up to 30 days of sentence
4credits which have been revoked, suspended or reduced. Any
5restoration of sentence credits in excess of 30 days shall be
6subject to review by the Prisoner Review Board. However, the
7Board may not restore sentence credit in excess of the amount
8requested by the Director.
9    Nothing contained in this Section shall prohibit the
10Prisoner Review Board from ordering, pursuant to Section
113-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
12sentence imposed by the court that was not served due to the
13accumulation of sentence credit.
14    (d) If a lawsuit is filed by a prisoner in an Illinois or
15federal court against the State, the Department of Corrections,
16or the Prisoner Review Board, or against any of their officers
17or employees, and the court makes a specific finding that a
18pleading, motion, or other paper filed by the prisoner is
19frivolous, the Department of Corrections shall conduct a
20hearing to revoke up to 180 days of sentence credit by bringing
21charges against the prisoner sought to be deprived of the
22sentence credits before the Prisoner Review Board as provided
23in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
24prisoner has not accumulated 180 days of sentence credit at the
25time of the finding, then the Prisoner Review Board may revoke
26all sentence credit accumulated by the prisoner.

 

 

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1    For purposes of this subsection (d):
2        (1) "Frivolous" means that a pleading, motion, or other
3    filing which purports to be a legal document filed by a
4    prisoner in his or her lawsuit meets any or all of the
5    following criteria:
6            (A) it lacks an arguable basis either in law or in
7        fact;
8            (B) it is being presented for any improper purpose,
9        such as to harass or to cause unnecessary delay or
10        needless increase in the cost of litigation;
11            (C) the claims, defenses, and other legal
12        contentions therein are not warranted by existing law
13        or by a nonfrivolous argument for the extension,
14        modification, or reversal of existing law or the
15        establishment of new law;
16            (D) the allegations and other factual contentions
17        do not have evidentiary support or, if specifically so
18        identified, are not likely to have evidentiary support
19        after a reasonable opportunity for further
20        investigation or discovery; or
21            (E) the denials of factual contentions are not
22        warranted on the evidence, or if specifically so
23        identified, are not reasonably based on a lack of
24        information or belief.
25        (2) "Lawsuit" means a motion pursuant to Section 116-3
26    of the Code of Criminal Procedure of 1963, a habeas corpus

 

 

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1    action under Article X of the Code of Civil Procedure or
2    under federal law (28 U.S.C. 2254), a petition for claim
3    under the Court of Claims Act, an action under the federal
4    Civil Rights Act (42 U.S.C. 1983), or a second or
5    subsequent petition for post-conviction relief under
6    Article 122 of the Code of Criminal Procedure of 1963
7    whether filed with or without leave of court or a second or
8    subsequent petition for relief from judgment under Section
9    2-1401 of the Code of Civil Procedure.
10    (e) Nothing in Public Act 90-592 or 90-593 affects the
11validity of Public Act 89-404.
12    (f) Whenever the Department is to release any inmate who
13has been convicted of a violation of an order of protection
14under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
15the Criminal Code of 2012, earlier than it otherwise would
16because of a grant of sentence credit, the Department, as a
17condition of release, shall require that the person, upon
18release, be placed under electronic surveillance as provided in
19Section 5-8A-7 of this Code.
20(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
21eff. 1-1-16; 99-642, eff. 7-28-16.)
 
22    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
23    Sec. 5-4-1. Sentencing Hearing.
24    (a) Except when the death penalty is sought under hearing
25procedures otherwise specified, after a determination of

 

 

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1guilt, a hearing shall be held to impose the sentence. However,
2prior to the imposition of sentence on an individual being
3sentenced for an offense based upon a charge for a violation of
4Section 11-501 of the Illinois Vehicle Code or a similar
5provision of a local ordinance, the individual must undergo a
6professional evaluation to determine if an alcohol or other
7drug abuse problem exists and the extent of such a problem.
8Programs conducting these evaluations shall be licensed by the
9Department of Human Services. However, if the individual is not
10a resident of Illinois, the court may, in its discretion,
11accept an evaluation from a program in the state of such
12individual's residence. The court may in its sentencing order
13approve an eligible defendant for placement in a Department of
14Corrections impact incarceration program as provided in
15Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
16order recommend a defendant for placement in a Department of
17Corrections substance abuse treatment program as provided in
18paragraph (a) of subsection (1) of Section 3-2-2 conditioned
19upon the defendant being accepted in a program by the
20Department of Corrections. At the hearing the court shall:
21        (1) consider the evidence, if any, received upon the
22    trial;
23        (2) consider any presentence reports;
24        (3) consider the financial impact of incarceration
25    based on the financial impact statement filed with the
26    clerk of the court by the Department of Corrections;

 

 

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1        (4) consider evidence and information offered by the
2    parties in aggravation and mitigation;
3        (4.5) consider substance abuse treatment, eligibility
4    screening, and an assessment, if any, of the defendant by
5    an agent designated by the State of Illinois to provide
6    assessment services for the Illinois courts;
7        (5) hear arguments as to sentencing alternatives;
8        (6) afford the defendant the opportunity to make a
9    statement in his own behalf;
10        (7) afford the victim of a violent crime or a violation
11    of Section 11-501 of the Illinois Vehicle Code, or a
12    similar provision of a local ordinance, or a qualified
13    individual affected by: (i) a violation of Section 405,
14    405.1, 405.2, or 407 of the Illinois Controlled Substances
15    Act or a violation of Section 55 or Section 65 of the
16    Methamphetamine Control and Community Protection Act, or
17    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
18    except as described in subdivisions (a)(2)(A) and
19    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
20    Criminal Code of 1961 or the Criminal Code of 2012,
21    committed by the defendant the opportunity to make a
22    statement concerning the impact on the victim and to offer
23    evidence in aggravation or mitigation; provided that the
24    statement and evidence offered in aggravation or
25    mitigation must first be prepared in writing in conjunction
26    with the State's Attorney before it may be presented orally

 

 

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1    at the hearing. Any sworn testimony offered by the victim
2    is subject to the defendant's right to cross-examine. All
3    statements and evidence offered under this paragraph (7)
4    shall become part of the record of the court. For the
5    purpose of this paragraph (7), "qualified individual"
6    means any person who (i) lived or worked within the
7    territorial jurisdiction where the offense took place when
8    the offense took place; and (ii) is familiar with various
9    public places within the territorial jurisdiction where
10    the offense took place when the offense took place. For the
11    purposes of this paragraph (7), "qualified individual"
12    includes any peace officer, or any member of any duly
13    organized State, county, or municipal peace unit assigned
14    to the territorial jurisdiction where the offense took
15    place when the offense took place;
16        (8) in cases of reckless homicide afford the victim's
17    spouse, guardians, parents or other immediate family
18    members an opportunity to make oral statements;
19        (9) in cases involving a felony sex offense as defined
20    under the Sex Offender Management Board Act, consider the
21    results of the sex offender evaluation conducted pursuant
22    to Section 5-3-2 of this Act; and
23        (10) make a finding of whether a motor vehicle was used
24    in the commission of the offense for which the defendant is
25    being sentenced.
26    (b) All sentences shall be imposed by the judge based upon

 

 

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1his independent assessment of the elements specified above and
2any agreement as to sentence reached by the parties. The judge
3who presided at the trial or the judge who accepted the plea of
4guilty shall impose the sentence unless he is no longer sitting
5as a judge in that court. Where the judge does not impose
6sentence at the same time on all defendants who are convicted
7as a result of being involved in the same offense, the
8defendant or the State's Attorney may advise the sentencing
9court of the disposition of any other defendants who have been
10sentenced.
11    (b-1) In imposing a sentence of imprisonment or periodic
12imprisonment for a Class 3 or Class 4 felony for which a
13sentence of probation or conditional discharge is an available
14sentence, if the defendant has no prior sentence of probation
15or conditional discharge and no prior conviction for a violent
16crime, the defendant shall not be sentenced to imprisonment
17before review and consideration of a presentence report and
18determination and explanation of why the particular evidence,
19information, factor in aggravation, factual finding, or other
20reasons support a sentencing determination that one or more of
21the factors under subsection (a) of Section 5-6-1 of this Code
22apply and that probation or conditional discharge is not an
23appropriate sentence.
24    (c) In imposing a sentence for a violent crime or for an
25offense of operating or being in physical control of a vehicle
26while under the influence of alcohol, any other drug or any

 

 

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1combination thereof, or a similar provision of a local
2ordinance, when such offense resulted in the personal injury to
3someone other than the defendant, the trial judge shall specify
4on the record the particular evidence, information, factors in
5mitigation and aggravation or other reasons that led to his
6sentencing determination. The full verbatim record of the
7sentencing hearing shall be filed with the clerk of the court
8and shall be a public record.
9    (c-1) In imposing a sentence for the offense of aggravated
10kidnapping for ransom, home invasion, armed robbery,
11aggravated vehicular hijacking, aggravated discharge of a
12firearm, or armed violence with a category I weapon or category
13II weapon, the trial judge shall make a finding as to whether
14the conduct leading to conviction for the offense resulted in
15great bodily harm to a victim, and shall enter that finding and
16the basis for that finding in the record.
17    (c-2) If the defendant is sentenced to prison, other than
18when a sentence of natural life imprisonment or a sentence of
19death is imposed, at the time the sentence is imposed the judge
20shall state on the record in open court the approximate period
21of time the defendant will serve in custody according to the
22then current statutory rules and regulations for sentence
23credit found in Section 3-6-3 and other related provisions of
24this Code. This statement is intended solely to inform the
25public, has no legal effect on the defendant's actual release,
26and may not be relied on by the defendant on appeal.

 

 

SB2872 Enrolled- 32 -LRB099 19925 RLC 44324 b

1    The judge's statement, to be given after pronouncing the
2sentence, other than when the sentence is imposed for one of
3the offenses enumerated in paragraph (a)(4) (a)(3) of Section
43-6-3, shall include the following:
5    "The purpose of this statement is to inform the public of
6the actual period of time this defendant is likely to spend in
7prison as a result of this sentence. The actual period of
8prison time served is determined by the statutes of Illinois as
9applied to this sentence by the Illinois Department of
10Corrections and the Illinois Prisoner Review Board. In this
11case, assuming the defendant receives all of his or her
12sentence credit, the period of estimated actual custody is ...
13years and ... months, less up to 180 days additional earned
14sentence credit for good conduct. If the defendant, because of
15his or her own misconduct or failure to comply with the
16institutional regulations, does not receive those credits, the
17actual time served in prison will be longer. The defendant may
18also receive an additional one-half day sentence credit for
19each day of participation in vocational, industry, substance
20abuse, and educational programs as provided for by Illinois
21statute."
22    When the sentence is imposed for one of the offenses
23enumerated in paragraph (a)(3) of Section 3-6-3, other than
24when the sentence is imposed for one of the offenses enumerated
25in paragraph (a)(2) of Section 3-6-3 committed on or after June
2619, 1998, and other than when the sentence is imposed for

 

 

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1reckless homicide as defined in subsection (e) of Section 9-3
2of the Criminal Code of 1961 or the Criminal Code of 2012 if
3the offense was committed on or after January 1, 1999, and
4other than when the sentence is imposed for aggravated arson if
5the offense was committed on or after July 27, 2001 (the
6effective date of Public Act 92-176), and other than when the
7sentence is imposed for aggravated driving under the influence
8of alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof as defined in
10subparagraph (C) of paragraph (1) of subsection (d) of Section
1111-501 of the Illinois Vehicle Code committed on or after
12January 1, 2011 (the effective date of Public Act 96-1230), the
13judge's statement, to be given after pronouncing the sentence,
14shall include the following:
15    "The purpose of this statement is to inform the public of
16the actual period of time this defendant is likely to spend in
17prison as a result of this sentence. The actual period of
18prison time served is determined by the statutes of Illinois as
19applied to this sentence by the Illinois Department of
20Corrections and the Illinois Prisoner Review Board. In this
21case, assuming the defendant receives all of his or her
22sentence credit, the period of estimated actual custody is ...
23years and ... months, less up to 90 days additional sentence
24credit for good conduct. If the defendant, because of his or
25her own misconduct or failure to comply with the institutional
26regulations, does not receive those credits, the actual time

 

 

SB2872 Enrolled- 34 -LRB099 19925 RLC 44324 b

1served in prison will be longer. The defendant may also receive
2an additional one-half day sentence credit for each day of
3participation in vocational, industry, substance abuse, and
4educational programs as provided for by Illinois statute."
5    When the sentence is imposed for one of the offenses
6enumerated in paragraph (a)(2) of Section 3-6-3, other than
7first degree murder, and the offense was committed on or after
8June 19, 1998, and when the sentence is imposed for reckless
9homicide as defined in subsection (e) of Section 9-3 of the
10Criminal Code of 1961 or the Criminal Code of 2012 if the
11offense was committed on or after January 1, 1999, and when the
12sentence is imposed for aggravated driving under the influence
13of alcohol, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof as defined in
15subparagraph (F) of paragraph (1) of subsection (d) of Section
1611-501 of the Illinois Vehicle Code, and when the sentence is
17imposed for aggravated arson if the offense was committed on or
18after July 27, 2001 (the effective date of Public Act 92-176),
19and when the sentence is imposed for aggravated driving under
20the influence of alcohol, other drug or drugs, or intoxicating
21compound or compounds, or any combination thereof as defined in
22subparagraph (C) of paragraph (1) of subsection (d) of Section
2311-501 of the Illinois Vehicle Code committed on or after
24January 1, 2011 (the effective date of Public Act 96-1230), the
25judge's statement, to be given after pronouncing the sentence,
26shall include the following:

 

 

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1    "The purpose of this statement is to inform the public of
2the actual period of time this defendant is likely to spend in
3prison as a result of this sentence. The actual period of
4prison time served is determined by the statutes of Illinois as
5applied to this sentence by the Illinois Department of
6Corrections and the Illinois Prisoner Review Board. In this
7case, the defendant is entitled to no more than 4 1/2 days of
8sentence credit for each month of his or her sentence of
9imprisonment. Therefore, this defendant will serve at least 85%
10of his or her sentence. Assuming the defendant receives 4 1/2
11days credit for each month of his or her sentence, the period
12of estimated actual custody is ... years and ... months. If the
13defendant, because of his or her own misconduct or failure to
14comply with the institutional regulations receives lesser
15credit, the actual time served in prison will be longer."
16    When a sentence of imprisonment is imposed for first degree
17murder and the offense was committed on or after June 19, 1998,
18the judge's statement, to be given after pronouncing the
19sentence, shall include the following:
20    "The purpose of this statement is to inform the public of
21the actual period of time this defendant is likely to spend in
22prison as a result of this sentence. The actual period of
23prison time served is determined by the statutes of Illinois as
24applied to this sentence by the Illinois Department of
25Corrections and the Illinois Prisoner Review Board. In this
26case, the defendant is not entitled to sentence credit.

 

 

SB2872 Enrolled- 36 -LRB099 19925 RLC 44324 b

1Therefore, this defendant will serve 100% of his or her
2sentence."
3    When the sentencing order recommends placement in a
4substance abuse program for any offense that results in
5incarceration in a Department of Corrections facility and the
6crime was committed on or after September 1, 2003 (the
7effective date of Public Act 93-354), the judge's statement, in
8addition to any other judge's statement required under this
9Section, to be given after pronouncing the sentence, shall
10include the following:
11    "The purpose of this statement is to inform the public of
12the actual period of time this defendant is likely to spend in
13prison as a result of this sentence. The actual period of
14prison time served is determined by the statutes of Illinois as
15applied to this sentence by the Illinois Department of
16Corrections and the Illinois Prisoner Review Board. In this
17case, the defendant shall receive no earned sentence credit for
18good conduct under clause (3) of subsection (a) of Section
193-6-3 until he or she participates in and completes a substance
20abuse treatment program or receives a waiver from the Director
21of Corrections pursuant to clause (4.5) of subsection (a) of
22Section 3-6-3."
23    (c-4) Before the sentencing hearing and as part of the
24presentence investigation under Section 5-3-1, the court shall
25inquire of the defendant whether the defendant is currently
26serving in or is a veteran of the Armed Forces of the United

 

 

SB2872 Enrolled- 37 -LRB099 19925 RLC 44324 b

1States. If the defendant is currently serving in the Armed
2Forces of the United States or is a veteran of the Armed Forces
3of the United States and has been diagnosed as having a mental
4illness by a qualified psychiatrist or clinical psychologist or
5physician, the court may:
6        (1) order that the officer preparing the presentence
7    report consult with the United States Department of
8    Veterans Affairs, Illinois Department of Veterans'
9    Affairs, or another agency or person with suitable
10    knowledge or experience for the purpose of providing the
11    court with information regarding treatment options
12    available to the defendant, including federal, State, and
13    local programming; and
14        (2) consider the treatment recommendations of any
15    diagnosing or treating mental health professionals
16    together with the treatment options available to the
17    defendant in imposing sentence.
18    For the purposes of this subsection (c-4), "qualified
19psychiatrist" means a reputable physician licensed in Illinois
20to practice medicine in all its branches, who has specialized
21in the diagnosis and treatment of mental and nervous disorders
22for a period of not less than 5 years.
23    (c-6) In imposing a sentence, the trial judge shall
24specify, on the record, the particular evidence and other
25reasons which led to his or her determination that a motor
26vehicle was used in the commission of the offense.

 

 

SB2872 Enrolled- 38 -LRB099 19925 RLC 44324 b

1    (d) When the defendant is committed to the Department of
2Corrections, the State's Attorney shall and counsel for the
3defendant may file a statement with the clerk of the court to
4be transmitted to the department, agency or institution to
5which the defendant is committed to furnish such department,
6agency or institution with the facts and circumstances of the
7offense for which the person was committed together with all
8other factual information accessible to them in regard to the
9person prior to his commitment relative to his habits,
10associates, disposition and reputation and any other facts and
11circumstances which may aid such department, agency or
12institution during its custody of such person. The clerk shall
13within 10 days after receiving any such statements transmit a
14copy to such department, agency or institution and a copy to
15the other party, provided, however, that this shall not be
16cause for delay in conveying the person to the department,
17agency or institution to which he has been committed.
18    (e) The clerk of the court shall transmit to the
19department, agency or institution, if any, to which the
20defendant is committed, the following:
21        (1) the sentence imposed;
22        (2) any statement by the court of the basis for
23    imposing the sentence;
24        (3) any presentence reports;
25        (3.5) any sex offender evaluations;
26        (3.6) any substance abuse treatment eligibility

 

 

SB2872 Enrolled- 39 -LRB099 19925 RLC 44324 b

1    screening and assessment of the defendant by an agent
2    designated by the State of Illinois to provide assessment
3    services for the Illinois courts;
4        (4) the number of days, if any, which the defendant has
5    been in custody and for which he is entitled to credit
6    against the sentence, which information shall be provided
7    to the clerk by the sheriff;
8        (4.1) any finding of great bodily harm made by the
9    court with respect to an offense enumerated in subsection
10    (c-1);
11        (5) all statements filed under subsection (d) of this
12    Section;
13        (6) any medical or mental health records or summaries
14    of the defendant;
15        (7) the municipality where the arrest of the offender
16    or the commission of the offense has occurred, where such
17    municipality has a population of more than 25,000 persons;
18        (8) all statements made and evidence offered under
19    paragraph (7) of subsection (a) of this Section; and
20        (9) all additional matters which the court directs the
21    clerk to transmit.
22    (f) In cases in which the court finds that a motor vehicle
23was used in the commission of the offense for which the
24defendant is being sentenced, the clerk of the court shall,
25within 5 days thereafter, forward a report of such conviction
26to the Secretary of State.

 

 

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1(Source: P.A. 99-861, eff. 1-1-17.)
 
2    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
3    Sec. 5-5-3. Disposition.
4    (a) (Blank).
5    (b) (Blank).
6    (c) (1) (Blank).
7    (2) A period of probation, a term of periodic imprisonment
8or conditional discharge shall not be imposed for the following
9offenses. The court shall sentence the offender to not less
10than the minimum term of imprisonment set forth in this Code
11for the following offenses, and may order a fine or restitution
12or both in conjunction with such term of imprisonment:
13        (A) First degree murder where the death penalty is not
14    imposed.
15        (B) Attempted first degree murder.
16        (C) A Class X felony.
17        (D) A violation of Section 401.1 or 407 of the Illinois
18    Controlled Substances Act, or a violation of subdivision
19    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
20    to more than 5 grams of a substance containing cocaine,
21    fentanyl, or an analog thereof.
22        (D-5) A violation of subdivision (c)(1) of Section 401
23    of the Illinois Controlled Substances Act which relates to
24    3 or more grams of a substance containing heroin or an
25    analog thereof.

 

 

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1        (E) (Blank). A violation of Section 5.1 or 9 of the
2    Cannabis Control Act.
3        (F) A Class 1 2 or greater felony if the offender had
4    been convicted of a Class 1 2 or greater felony, including
5    any state or federal conviction for an offense that
6    contained, at the time it was committed, the same elements
7    as an offense now (the date of the offense committed after
8    the prior Class 1 2 or greater felony) classified as a
9    Class 1 2 or greater felony, within 10 years of the date on
10    which the offender committed the offense for which he or
11    she is being sentenced, except as otherwise provided in
12    Section 40-10 of the Alcoholism and Other Drug Abuse and
13    Dependency Act.
14        (F-3) A Class 2 or greater felony sex offense or felony
15    firearm offense if the offender had been convicted of a
16    Class 2 or greater felony, including any state or federal
17    conviction for an offense that contained, at the time it
18    was committed, the same elements as an offense now (the
19    date of the offense committed after the prior Class 2 or
20    greater felony) classified as a Class 2 or greater felony,
21    within 10 years of the date on which the offender committed
22    the offense for which he or she is being sentenced, except
23    as otherwise provided in Section 40-10 of the Alcoholism
24    and Other Drug Abuse and Dependency Act.
25        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
26    the Criminal Code of 1961 or the Criminal Code of 2012 for

 

 

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1    which imprisonment is prescribed in those Sections.
2        (G) Residential burglary, except as otherwise provided
3    in Section 40-10 of the Alcoholism and Other Drug Abuse and
4    Dependency Act.
5        (H) Criminal sexual assault.
6        (I) Aggravated battery of a senior citizen as described
7    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
8    of the Criminal Code of 1961 or the Criminal Code of 2012.
9        (J) A forcible felony if the offense was related to the
10    activities of an organized gang.
11        Before July 1, 1994, for the purposes of this
12    paragraph, "organized gang" means an association of 5 or
13    more persons, with an established hierarchy, that
14    encourages members of the association to perpetrate crimes
15    or provides support to the members of the association who
16    do commit crimes.
17        Beginning July 1, 1994, for the purposes of this
18    paragraph, "organized gang" has the meaning ascribed to it
19    in Section 10 of the Illinois Streetgang Terrorism Omnibus
20    Prevention Act.
21        (K) Vehicular hijacking.
22        (L) A second or subsequent conviction for the offense
23    of hate crime when the underlying offense upon which the
24    hate crime is based is felony aggravated assault or felony
25    mob action.
26        (M) A second or subsequent conviction for the offense

 

 

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1    of institutional vandalism if the damage to the property
2    exceeds $300.
3        (N) A Class 3 felony violation of paragraph (1) of
4    subsection (a) of Section 2 of the Firearm Owners
5    Identification Card Act.
6        (O) A violation of Section 12-6.1 or 12-6.5 of the
7    Criminal Code of 1961 or the Criminal Code of 2012.
8        (P) A violation of paragraph (1), (2), (3), (4), (5),
9    or (7) of subsection (a) of Section 11-20.1 of the Criminal
10    Code of 1961 or the Criminal Code of 2012.
11        (Q) A violation of subsection (b) or (b-5) of Section
12    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
13    Code of 1961 or the Criminal Code of 2012.
14        (R) A violation of Section 24-3A of the Criminal Code
15    of 1961 or the Criminal Code of 2012.
16        (S) (Blank).
17        (T) (Blank). A second or subsequent violation of the
18    Methamphetamine Control and Community Protection Act.
19        (U) A second or subsequent violation of Section 6-303
20    of the Illinois Vehicle Code committed while his or her
21    driver's license, permit, or privilege was revoked because
22    of a violation of Section 9-3 of the Criminal Code of 1961
23    or the Criminal Code of 2012, relating to the offense of
24    reckless homicide, or a similar provision of a law of
25    another state.
26        (V) A violation of paragraph (4) of subsection (c) of

 

 

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1    Section 11-20.1B or paragraph (4) of subsection (c) of
2    Section 11-20.3 of the Criminal Code of 1961, or paragraph
3    (6) of subsection (a) of Section 11-20.1 of the Criminal
4    Code of 2012 when the victim is under 13 years of age and
5    the defendant has previously been convicted under the laws
6    of this State or any other state of the offense of child
7    pornography, aggravated child pornography, aggravated
8    criminal sexual abuse, aggravated criminal sexual assault,
9    predatory criminal sexual assault of a child, or any of the
10    offenses formerly known as rape, deviate sexual assault,
11    indecent liberties with a child, or aggravated indecent
12    liberties with a child where the victim was under the age
13    of 18 years or an offense that is substantially equivalent
14    to those offenses.
15        (W) A violation of Section 24-3.5 of the Criminal Code
16    of 1961 or the Criminal Code of 2012.
17        (X) A violation of subsection (a) of Section 31-1a of
18    the Criminal Code of 1961 or the Criminal Code of 2012.
19        (Y) A conviction for unlawful possession of a firearm
20    by a street gang member when the firearm was loaded or
21    contained firearm ammunition.
22        (Z) A Class 1 felony committed while he or she was
23    serving a term of probation or conditional discharge for a
24    felony.
25        (AA) Theft of property exceeding $500,000 and not
26    exceeding $1,000,000 in value.

 

 

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1        (BB) Laundering of criminally derived property of a
2    value exceeding $500,000.
3        (CC) Knowingly selling, offering for sale, holding for
4    sale, or using 2,000 or more counterfeit items or
5    counterfeit items having a retail value in the aggregate of
6    $500,000 or more.
7        (DD) A conviction for aggravated assault under
8    paragraph (6) of subsection (c) of Section 12-2 of the
9    Criminal Code of 1961 or the Criminal Code of 2012 if the
10    firearm is aimed toward the person against whom the firearm
11    is being used.
12        (EE) A conviction for a violation of paragraph (2) of
13    subsection (a) of Section 24-3B of the Criminal Code of
14    2012.
15    (3) (Blank).
16    (4) A minimum term of imprisonment of not less than 10
17consecutive days or 30 days of community service shall be
18imposed for a violation of paragraph (c) of Section 6-303 of
19the Illinois Vehicle Code.
20    (4.1) (Blank).
21    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
22this subsection (c), a minimum of 100 hours of community
23service shall be imposed for a second violation of Section
246-303 of the Illinois Vehicle Code.
25    (4.3) A minimum term of imprisonment of 30 days or 300
26hours of community service, as determined by the court, shall

 

 

SB2872 Enrolled- 46 -LRB099 19925 RLC 44324 b

1be imposed for a second violation of subsection (c) of Section
26-303 of the Illinois Vehicle Code.
3    (4.4) Except as provided in paragraphs (4.5), (4.6), and
4(4.9) of this subsection (c), a minimum term of imprisonment of
530 days or 300 hours of community service, as determined by the
6court, shall be imposed for a third or subsequent violation of
7Section 6-303 of the Illinois Vehicle Code.
8    (4.5) A minimum term of imprisonment of 30 days shall be
9imposed for a third violation of subsection (c) of Section
106-303 of the Illinois Vehicle Code.
11    (4.6) Except as provided in paragraph (4.10) of this
12subsection (c), a minimum term of imprisonment of 180 days
13shall be imposed for a fourth or subsequent violation of
14subsection (c) of Section 6-303 of the Illinois Vehicle Code.
15    (4.7) A minimum term of imprisonment of not less than 30
16consecutive days, or 300 hours of community service, shall be
17imposed for a violation of subsection (a-5) of Section 6-303 of
18the Illinois Vehicle Code, as provided in subsection (b-5) of
19that Section.
20    (4.8) A mandatory prison sentence shall be imposed for a
21second violation of subsection (a-5) of Section 6-303 of the
22Illinois Vehicle Code, as provided in subsection (c-5) of that
23Section. The person's driving privileges shall be revoked for a
24period of not less than 5 years from the date of his or her
25release from prison.
26    (4.9) A mandatory prison sentence of not less than 4 and

 

 

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1not more than 15 years shall be imposed for a third violation
2of subsection (a-5) of Section 6-303 of the Illinois Vehicle
3Code, as provided in subsection (d-2.5) of that Section. The
4person's driving privileges shall be revoked for the remainder
5of his or her life.
6    (4.10) A mandatory prison sentence for a Class 1 felony
7shall be imposed, and the person shall be eligible for an
8extended term sentence, for a fourth or subsequent violation of
9subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
10as provided in subsection (d-3.5) of that Section. The person's
11driving privileges shall be revoked for the remainder of his or
12her life.
13    (5) The court may sentence a corporation or unincorporated
14association convicted of any offense to:
15        (A) a period of conditional discharge;
16        (B) a fine;
17        (C) make restitution to the victim under Section 5-5-6
18    of this Code.
19    (5.1) In addition to any other penalties imposed, and
20except as provided in paragraph (5.2) or (5.3), a person
21convicted of violating subsection (c) of Section 11-907 of the
22Illinois Vehicle Code shall have his or her driver's license,
23permit, or privileges suspended for at least 90 days but not
24more than one year, if the violation resulted in damage to the
25property of another person.
26    (5.2) In addition to any other penalties imposed, and

 

 

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1except as provided in paragraph (5.3), a person convicted of
2violating subsection (c) of Section 11-907 of the Illinois
3Vehicle Code shall have his or her driver's license, permit, or
4privileges suspended for at least 180 days but not more than 2
5years, if the violation resulted in injury to another person.
6    (5.3) In addition to any other penalties imposed, a person
7convicted of violating subsection (c) of Section 11-907 of the
8Illinois Vehicle Code shall have his or her driver's license,
9permit, or privileges suspended for 2 years, if the violation
10resulted in the death of another person.
11    (5.4) In addition to any other penalties imposed, a person
12convicted of violating Section 3-707 of the Illinois Vehicle
13Code shall have his or her driver's license, permit, or
14privileges suspended for 3 months and until he or she has paid
15a reinstatement fee of $100.
16    (5.5) In addition to any other penalties imposed, a person
17convicted of violating Section 3-707 of the Illinois Vehicle
18Code during a period in which his or her driver's license,
19permit, or privileges were suspended for a previous violation
20of that Section shall have his or her driver's license, permit,
21or privileges suspended for an additional 6 months after the
22expiration of the original 3-month suspension and until he or
23she has paid a reinstatement fee of $100.
24    (6) (Blank).
25    (7) (Blank).
26    (8) (Blank).

 

 

SB2872 Enrolled- 49 -LRB099 19925 RLC 44324 b

1    (9) A defendant convicted of a second or subsequent offense
2of ritualized abuse of a child may be sentenced to a term of
3natural life imprisonment.
4    (10) (Blank).
5    (11) The court shall impose a minimum fine of $1,000 for a
6first offense and $2,000 for a second or subsequent offense
7upon a person convicted of or placed on supervision for battery
8when the individual harmed was a sports official or coach at
9any level of competition and the act causing harm to the sports
10official or coach occurred within an athletic facility or
11within the immediate vicinity of the athletic facility at which
12the sports official or coach was an active participant of the
13athletic contest held at the athletic facility. For the
14purposes of this paragraph (11), "sports official" means a
15person at an athletic contest who enforces the rules of the
16contest, such as an umpire or referee; "athletic facility"
17means an indoor or outdoor playing field or recreational area
18where sports activities are conducted; and "coach" means a
19person recognized as a coach by the sanctioning authority that
20conducted the sporting event.
21    (12) A person may not receive a disposition of court
22supervision for a violation of Section 5-16 of the Boat
23Registration and Safety Act if that person has previously
24received a disposition of court supervision for a violation of
25that Section.
26    (13) A person convicted of or placed on court supervision

 

 

SB2872 Enrolled- 50 -LRB099 19925 RLC 44324 b

1for an assault or aggravated assault when the victim and the
2offender are family or household members as defined in Section
3103 of the Illinois Domestic Violence Act of 1986 or convicted
4of domestic battery or aggravated domestic battery may be
5required to attend a Partner Abuse Intervention Program under
6protocols set forth by the Illinois Department of Human
7Services under such terms and conditions imposed by the court.
8The costs of such classes shall be paid by the offender.
9    (d) In any case in which a sentence originally imposed is
10vacated, the case shall be remanded to the trial court. The
11trial court shall hold a hearing under Section 5-4-1 of the
12Unified Code of Corrections which may include evidence of the
13defendant's life, moral character and occupation during the
14time since the original sentence was passed. The trial court
15shall then impose sentence upon the defendant. The trial court
16may impose any sentence which could have been imposed at the
17original trial subject to Section 5-5-4 of the Unified Code of
18Corrections. If a sentence is vacated on appeal or on
19collateral attack due to the failure of the trier of fact at
20trial to determine beyond a reasonable doubt the existence of a
21fact (other than a prior conviction) necessary to increase the
22punishment for the offense beyond the statutory maximum
23otherwise applicable, either the defendant may be re-sentenced
24to a term within the range otherwise provided or, if the State
25files notice of its intention to again seek the extended
26sentence, the defendant shall be afforded a new trial.

 

 

SB2872 Enrolled- 51 -LRB099 19925 RLC 44324 b

1    (e) In cases where prosecution for aggravated criminal
2sexual abuse under Section 11-1.60 or 12-16 of the Criminal
3Code of 1961 or the Criminal Code of 2012 results in conviction
4of a defendant who was a family member of the victim at the
5time of the commission of the offense, the court shall consider
6the safety and welfare of the victim and may impose a sentence
7of probation only where:
8        (1) the court finds (A) or (B) or both are appropriate:
9            (A) the defendant is willing to undergo a court
10        approved counseling program for a minimum duration of 2
11        years; or
12            (B) the defendant is willing to participate in a
13        court approved plan including but not limited to the
14        defendant's:
15                (i) removal from the household;
16                (ii) restricted contact with the victim;
17                (iii) continued financial support of the
18            family;
19                (iv) restitution for harm done to the victim;
20            and
21                (v) compliance with any other measures that
22            the court may deem appropriate; and
23        (2) the court orders the defendant to pay for the
24    victim's counseling services, to the extent that the court
25    finds, after considering the defendant's income and
26    assets, that the defendant is financially capable of paying

 

 

SB2872 Enrolled- 52 -LRB099 19925 RLC 44324 b

1    for such services, if the victim was under 18 years of age
2    at the time the offense was committed and requires
3    counseling as a result of the offense.
4    Probation may be revoked or modified pursuant to Section
55-6-4; except where the court determines at the hearing that
6the defendant violated a condition of his or her probation
7restricting contact with the victim or other family members or
8commits another offense with the victim or other family
9members, the court shall revoke the defendant's probation and
10impose a term of imprisonment.
11    For the purposes of this Section, "family member" and
12"victim" shall have the meanings ascribed to them in Section
1311-0.1 of the Criminal Code of 2012.
14    (f) (Blank).
15    (g) Whenever a defendant is convicted of an offense under
16Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1711-14.3, 11-14.4 except for an offense that involves keeping a
18place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2012-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
21Criminal Code of 2012, the defendant shall undergo medical
22testing to determine whether the defendant has any sexually
23transmissible disease, including a test for infection with
24human immunodeficiency virus (HIV) or any other identified
25causative agent of acquired immunodeficiency syndrome (AIDS).
26Any such medical test shall be performed only by appropriately

 

 

SB2872 Enrolled- 53 -LRB099 19925 RLC 44324 b

1licensed medical practitioners and may include an analysis of
2any bodily fluids as well as an examination of the defendant's
3person. Except as otherwise provided by law, the results of
4such test shall be kept strictly confidential by all medical
5personnel involved in the testing and must be personally
6delivered in a sealed envelope to the judge of the court in
7which the conviction was entered for the judge's inspection in
8camera. Acting in accordance with the best interests of the
9victim and the public, the judge shall have the discretion to
10determine to whom, if anyone, the results of the testing may be
11revealed. The court shall notify the defendant of the test
12results. The court shall also notify the victim if requested by
13the victim, and if the victim is under the age of 15 and if
14requested by the victim's parents or legal guardian, the court
15shall notify the victim's parents or legal guardian of the test
16results. The court shall provide information on the
17availability of HIV testing and counseling at Department of
18Public Health facilities to all parties to whom the results of
19the testing are revealed and shall direct the State's Attorney
20to provide the information to the victim when possible. A
21State's Attorney may petition the court to obtain the results
22of any HIV test administered under this Section, and the court
23shall grant the disclosure if the State's Attorney shows it is
24relevant in order to prosecute a charge of criminal
25transmission of HIV under Section 12-5.01 or 12-16.2 of the
26Criminal Code of 1961 or the Criminal Code of 2012 against the

 

 

SB2872 Enrolled- 54 -LRB099 19925 RLC 44324 b

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

 

 

SB2872 Enrolled- 55 -LRB099 19925 RLC 44324 b

1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01 or
1312-16.2 of the Criminal Code of 1961 or the Criminal Code of
142012 against the defendant. The court shall order that the cost
15of any such test shall be paid by the county and may be taxed as
16costs against the convicted defendant.
17    (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under Section 27.5
23of the Clerks of Courts Act.
24    (j) In cases when prosecution for any violation of Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

 

 

SB2872 Enrolled- 56 -LRB099 19925 RLC 44324 b

111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
4Code of 2012, any violation of the Illinois Controlled
5Substances Act, any violation of the Cannabis Control Act, or
6any violation of the Methamphetamine Control and Community
7Protection Act results in conviction, a disposition of court
8supervision, or an order of probation granted under Section 10
9of the Cannabis Control Act, Section 410 of the Illinois
10Controlled Substances Act, or Section 70 of the Methamphetamine
11Control and Community Protection Act of a defendant, the court
12shall determine whether the defendant is employed by a facility
13or center as defined under the Child Care Act of 1969, a public
14or private elementary or secondary school, or otherwise works
15with children under 18 years of age on a daily basis. When a
16defendant is so employed, the court shall order the Clerk of
17the Court to send a copy of the judgment of conviction or order
18of supervision or probation to the defendant's employer by
19certified mail. If the employer of the defendant is a school,
20the Clerk of the Court shall direct the mailing of a copy of
21the judgment of conviction or order of supervision or probation
22to the appropriate regional superintendent of schools. The
23regional superintendent of schools shall notify the State Board
24of Education of any notification under this subsection.
25    (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

 

 

SB2872 Enrolled- 57 -LRB099 19925 RLC 44324 b

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

 

 

SB2872 Enrolled- 58 -LRB099 19925 RLC 44324 b

1equivalency testing. This subsection (j-5) does not apply to a
2defendant who is determined by the court to be a person with a
3developmental disability or otherwise mentally incapable of
4completing the educational or vocational program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7(l), whenever a defendant, who is an alien as defined by the
8Immigration and Nationality Act, is convicted of any felony or
9misdemeanor offense, the court after sentencing the defendant
10may, upon motion of the State's Attorney, hold sentence in
11abeyance and remand the defendant to the custody of the
12Attorney General of the United States or his or her designated
13agent to be deported when:
14        (1) a final order of deportation has been issued
15    against the defendant pursuant to proceedings under the
16    Immigration and Nationality Act, and
17        (2) the deportation of the defendant would not
18    deprecate the seriousness of the defendant's conduct and
19    would not be inconsistent with the ends of justice.
20    Otherwise, the defendant shall be sentenced as provided in
21this Chapter V.
22    (B) If the defendant has already been sentenced for a
23felony or misdemeanor offense, or has been placed on probation
24under Section 10 of the Cannabis Control Act, Section 410 of
25the Illinois Controlled Substances Act, or Section 70 of the
26Methamphetamine Control and Community Protection Act, the

 

 

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1court may, upon motion of the State's Attorney to suspend the
2sentence imposed, commit the defendant to the custody of the
3Attorney General of the United States or his or her designated
4agent when:
5        (1) a final order of deportation has been issued
6    against the defendant pursuant to proceedings under the
7    Immigration and Nationality Act, and
8        (2) the deportation of the defendant would not
9    deprecate the seriousness of the defendant's conduct and
10    would not be inconsistent with the ends of justice.
11    (C) This subsection (l) does not apply to offenders who are
12subject to the provisions of paragraph (2) of subsection (a) of
13Section 3-6-3.
14    (D) Upon motion of the State's Attorney, if a defendant
15sentenced under this Section returns to the jurisdiction of the
16United States, the defendant shall be recommitted to the
17custody of the county from which he or she was sentenced.
18Thereafter, the defendant shall be brought before the
19sentencing court, which may impose any sentence that was
20available under Section 5-5-3 at the time of initial
21sentencing. In addition, the defendant shall not be eligible
22for additional earned sentence credit for good conduct as
23provided under Section 3-6-3.
24    (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961 or the
26Criminal Code of 2012, in which the property damage exceeds

 

 

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1$300 and the property damaged is a school building, shall be
2ordered to perform community service that may include cleanup,
3removal, or painting over the defacement.
4    (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 or the Criminal Code of 2012 (i) to an impact
8incarceration program if the person is otherwise eligible for
9that program under Section 5-8-1.1, (ii) to community service,
10or (iii) if the person is an addict or alcoholic, as defined in
11the Alcoholism and Other Drug Abuse and Dependency Act, to a
12substance or alcohol abuse program licensed under that Act.
13    (o) Whenever a person is convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act, the
15defendant's driver's license or permit shall be subject to
16renewal on an annual basis in accordance with the provisions of
17license renewal established by the Secretary of State.
18(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14;
1999-143, eff. 7-27-15; 99-885, eff. 8-23-16.)