Full Text of HB1496 103rd General Assembly
HB1496enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-5-1 and 5-4-1 as follows:
| 6 | | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| 7 | | Sec. 3-5-1. Master Record File.
| 8 | | (a) The Department of Corrections and the Department of | 9 | | Juvenile Justice shall
maintain a master record file on each | 10 | | person committed to it,
which shall contain the following | 11 | | information:
| 12 | | (1) all information from the committing court;
| 13 | | (1.5) ethnic and racial background data collected in | 14 | | accordance with Section 4.5 of the Criminal Identification | 15 | | Act and Section 2-5 of the No Representation Without | 16 | | Population Act; | 17 | | (1.6) the committed person's last known complete | 18 | | street address prior to incarceration or legal residence | 19 | | collected in accordance with Section 2-5 of the No | 20 | | Representation Without Population Act ; | 21 | | (2) reception summary;
| 22 | | (3) evaluation and assignment reports and | 23 | | recommendations;
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| 1 | | (4) reports as to program assignment and progress;
| 2 | | (5) reports of disciplinary infractions and | 3 | | disposition, including tickets and Administrative Review | 4 | | Board action;
| 5 | | (6) any parole or aftercare release plan;
| 6 | | (7) any parole or aftercare release reports;
| 7 | | (8) the date and circumstances of final discharge; | 8 | | (9) criminal history; | 9 | | (10) current and past gang affiliations and ranks; | 10 | | (11) information regarding associations and family | 11 | | relationships; | 12 | | (12) any grievances filed and responses to those | 13 | | grievances; and | 14 | | (13) other information that the respective Department | 15 | | determines is relevant to the secure confinement and | 16 | | rehabilitation of the committed person.
| 17 | | (b) All files shall be confidential and access shall be
| 18 | | limited to authorized personnel of the respective Department | 19 | | or by disclosure in accordance with a court order or subpoena.
| 20 | | Personnel of other correctional, welfare or law enforcement
| 21 | | agencies may have access to files under rules and regulations
| 22 | | of the respective Department. The respective Department shall | 23 | | keep a record of all
outside personnel who have access to | 24 | | files, the files reviewed,
any file material copied, and the | 25 | | purpose of access. If the
respective Department or the | 26 | | Prisoner Review Board makes a determination
under this Code |
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| 1 | | which affects the length of the period of
confinement or | 2 | | commitment, the committed person and his counsel
shall be | 3 | | advised of factual information relied upon by the
respective | 4 | | Department or Board to make the determination, provided that
| 5 | | the Department or Board shall not be required to advise a
| 6 | | person committed to the Department of Juvenile Justice any | 7 | | such information
which in the opinion of the Department of | 8 | | Juvenile Justice or Board would be
detrimental to his | 9 | | treatment or rehabilitation.
| 10 | | (c) The master file shall be maintained at a place
| 11 | | convenient to its use by personnel of the respective | 12 | | Department in
charge of the person. When custody of a person is | 13 | | transferred
from the Department to another department or | 14 | | agency, a
summary of the file shall be forwarded to the | 15 | | receiving
agency with such other information required by law | 16 | | or
requested by the agency under rules and regulations of the
| 17 | | respective Department.
| 18 | | (d) The master file of a person no longer in the custody
of | 19 | | the respective Department shall be placed on inactive status | 20 | | and its
use shall be restricted subject to rules and | 21 | | regulations of
the Department.
| 22 | | (e) All public agencies may make available to the
| 23 | | respective Department on request any factual data not | 24 | | otherwise
privileged as a matter of law in their possession in | 25 | | respect
to individuals committed to the respective Department.
| 26 | | (f) A committed person may request a summary of the |
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| 1 | | committed person's master record file once per year and the | 2 | | committed person's attorney may request one summary of the | 3 | | committed person's master record file once per year. The | 4 | | Department shall create a form for requesting this summary, | 5 | | and shall make that form available to committed persons and to | 6 | | the public on its website. Upon receipt of the request form, | 7 | | the Department shall provide the summary within 15 days. The | 8 | | summary must contain, unless otherwise prohibited by law: | 9 | | (1) the person's name, ethnic, racial, last known | 10 | | street address prior to incarceration or legal residence, | 11 | | and other identifying information; | 12 | | (2) all digitally available information from the | 13 | | committing court; | 14 | | (3) all information in the Offender 360 system on the | 15 | | person's criminal history; | 16 | | (4) the person's complete assignment history in the | 17 | | Department of Corrections; | 18 | | (5) the person's disciplinary card; | 19 | | (6) additional records about up to 3 specific | 20 | | disciplinary incidents as identified by the requester; | 21 | | (7) any available records about up to 5 specific | 22 | | grievances filed by the person, as identified by the | 23 | | requester; and | 24 | | (8) the records of all grievances filed on or after | 25 | | January 1, 2023. | 26 | | Notwithstanding any provision of this subsection (f) to |
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| 1 | | the contrary, a committed person's master record file is not | 2 | | subject to disclosure and copying under the Freedom of | 3 | | Information Act. | 4 | | (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | 5 | | revised 12-14-22.)
| 6 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| 7 | | Sec. 5-4-1. Sentencing hearing.
| 8 | | (a) Except when the death penalty is
sought under hearing | 9 | | procedures otherwise specified, after a
determination of | 10 | | guilt, a hearing shall be held to impose the sentence.
| 11 | | However, prior to the imposition of sentence on an individual | 12 | | being
sentenced for an offense based upon a charge for a | 13 | | violation of Section
11-501 of the Illinois Vehicle Code or a | 14 | | similar provision of a local
ordinance, the individual must | 15 | | undergo a professional evaluation to
determine if an alcohol | 16 | | or other drug abuse problem exists and the extent
of such a | 17 | | problem. Programs conducting these evaluations shall be
| 18 | | licensed by the Department of Human Services. However, if the | 19 | | individual is
not a resident of Illinois, the court
may, in its | 20 | | discretion, accept an evaluation from a program in the state | 21 | | of
such individual's residence. The court shall make a | 22 | | specific finding about whether the defendant is eligible for | 23 | | participation in a Department impact incarceration program as | 24 | | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | 25 | | explanation as to why a sentence to impact incarceration is |
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| 1 | | not an appropriate sentence. The court may in its sentencing | 2 | | order recommend a defendant for placement in a Department of | 3 | | Corrections substance abuse treatment program as provided in | 4 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 5 | | upon the defendant being accepted in a program by the | 6 | | Department of Corrections. At the
hearing the court
shall:
| 7 | | (1) consider the evidence, if any, received upon the | 8 | | trial;
| 9 | | (2) consider any presentence reports;
| 10 | | (3) consider the financial impact of incarceration | 11 | | based on the
financial impact statement filed with the | 12 | | clerk of the court by the
Department of Corrections;
| 13 | | (4) consider evidence and information offered by the | 14 | | parties in
aggravation and mitigation; | 15 | | (4.5) consider substance abuse treatment, eligibility | 16 | | screening, and an assessment, if any, of the defendant by | 17 | | an agent designated by the State of Illinois to provide | 18 | | assessment services for the Illinois courts;
| 19 | | (5) hear arguments as to sentencing alternatives;
| 20 | | (6) afford the defendant the opportunity to make a | 21 | | statement in his
own behalf;
| 22 | | (7) afford the victim of a violent crime or a | 23 | | violation of Section
11-501 of the Illinois Vehicle Code, | 24 | | or a similar provision of a local
ordinance, the | 25 | | opportunity to present an oral or written statement, as | 26 | | guaranteed by Article I, Section 8.1 of the Illinois |
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| 1 | | Constitution and provided in Section 6 of the Rights of | 2 | | Crime Victims and Witnesses Act. The court shall allow a | 3 | | victim to make an oral statement if the victim is present | 4 | | in the courtroom and requests to make an oral or written | 5 | | statement. An oral or written statement includes the | 6 | | victim or a representative of the victim reading the | 7 | | written statement. The court may allow persons impacted by | 8 | | the crime who are not victims under subsection (a) of | 9 | | Section 3 of the Rights of Crime Victims and Witnesses Act | 10 | | to present an oral or written statement. A victim and any | 11 | | person making an oral statement shall not be put under | 12 | | oath or subject to cross-examination. All statements | 13 | | offered under this paragraph
(7) shall become part of the | 14 | | record of the court. In this
paragraph (7), "victim of a | 15 | | violent crime" means a person who is a victim of a violent | 16 | | crime for which the defendant has been convicted after a | 17 | | bench or jury trial or a person who is the victim of a | 18 | | violent crime with which the defendant was charged and the | 19 | | defendant has been convicted under a plea agreement of a | 20 | | crime that is not a violent crime as defined in subsection | 21 | | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | 22 | | (7.5) afford a qualified person affected by: (i) a | 23 | | violation of Section 405, 405.1, 405.2, or 407 of the | 24 | | Illinois Controlled Substances Act or a violation of | 25 | | Section 55 or Section 65 of the Methamphetamine Control | 26 | | and Community Protection Act; or (ii) a Class 4 felony |
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| 1 | | violation of Section 11-14, 11-14.3 except as described in | 2 | | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | 3 | | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, committed by the defendant the | 5 | | opportunity to make a statement concerning the impact on | 6 | | the qualified person and to offer evidence in aggravation | 7 | | or mitigation; provided that the statement and evidence | 8 | | offered in aggravation or mitigation shall first be | 9 | | prepared in writing in conjunction with the State's | 10 | | Attorney before it may be presented orally at the hearing. | 11 | | Sworn testimony offered by the qualified person is subject | 12 | | to the defendant's right to cross-examine. All statements | 13 | | and evidence offered under this paragraph (7.5) shall | 14 | | become part of the record of the court. In this paragraph | 15 | | (7.5), "qualified person" means any person who: (i) lived | 16 | | or worked within the territorial jurisdiction where the | 17 | | offense took place when the offense took place; or (ii) is | 18 | | familiar with various public places within the territorial | 19 | | jurisdiction where the offense took place when the offense | 20 | | took place. "Qualified person" includes any peace officer | 21 | | or any member of any duly organized State, county, or | 22 | | municipal peace officer unit assigned to the territorial | 23 | | jurisdiction where the offense took place when the offense | 24 | | took place;
| 25 | | (8) in cases of reckless homicide afford the victim's | 26 | | spouse,
guardians, parents or other immediate family |
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| 1 | | members an opportunity to make
oral statements;
| 2 | | (9) in cases involving a felony sex offense as defined | 3 | | under the Sex
Offender
Management Board Act, consider the | 4 | | results of the sex offender evaluation
conducted pursuant | 5 | | to Section 5-3-2 of this Act; and
| 6 | | (10) make a finding of whether a motor vehicle was | 7 | | used in the commission of the offense for which the | 8 | | defendant is being sentenced. | 9 | | (b) All sentences shall be imposed by the judge based upon | 10 | | his
independent assessment of the elements specified above and | 11 | | any agreement
as to sentence reached by the parties. The judge | 12 | | who presided at the
trial or the judge who accepted the plea of | 13 | | guilty shall impose the
sentence unless he is no longer | 14 | | sitting as a judge in that court. Where
the judge does not | 15 | | impose sentence at the same time on all defendants
who are | 16 | | convicted as a result of being involved in the same offense, | 17 | | the
defendant or the State's Attorney may advise the | 18 | | sentencing court of the
disposition of any other defendants | 19 | | who have been sentenced.
| 20 | | (b-1) In imposing a sentence of imprisonment or periodic | 21 | | imprisonment for a Class 3 or Class 4 felony for which a | 22 | | sentence of probation or conditional discharge is an available | 23 | | sentence, if the defendant has no prior sentence of probation | 24 | | or conditional discharge and no prior conviction for a violent | 25 | | crime, the defendant shall not be sentenced to imprisonment | 26 | | before review and consideration of a presentence report and |
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| 1 | | determination and explanation of why the particular evidence, | 2 | | information, factor in aggravation, factual finding, or other | 3 | | reasons support a sentencing determination that one or more of | 4 | | the factors under subsection (a) of Section 5-6-1 of this Code | 5 | | apply and that probation or conditional discharge is not an | 6 | | appropriate sentence. | 7 | | (c) In imposing a sentence for a violent crime or for an | 8 | | offense of
operating or being in physical control of a vehicle | 9 | | while under the
influence of alcohol, any other drug or any | 10 | | combination thereof, or a
similar provision of a local | 11 | | ordinance, when such offense resulted in the
personal injury | 12 | | to someone other than the defendant, the trial judge shall
| 13 | | specify on the record the particular evidence, information, | 14 | | factors in
mitigation and aggravation or other reasons that | 15 | | led to his sentencing
determination. The full verbatim record | 16 | | of the sentencing hearing shall be
filed with the clerk of the | 17 | | court and shall be a public record.
| 18 | | (c-1) In imposing a sentence for the offense of aggravated | 19 | | kidnapping for
ransom, home invasion, armed robbery, | 20 | | aggravated vehicular hijacking,
aggravated discharge of a | 21 | | firearm, or armed violence with a category I weapon
or | 22 | | category II weapon,
the trial judge shall make a finding as to | 23 | | whether the conduct leading to
conviction for the offense | 24 | | resulted in great bodily harm to a victim, and
shall enter that | 25 | | finding and the basis for that finding in the record.
| 26 | | (c-1.5) Notwithstanding any other provision of law to the |
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| 1 | | contrary, in imposing a sentence for an offense that requires | 2 | | a mandatory minimum sentence of imprisonment, the court may | 3 | | instead sentence the offender to probation, conditional | 4 | | discharge, or a lesser term of imprisonment it deems | 5 | | appropriate if: (1) the offense involves the use or possession | 6 | | of drugs, retail theft, or driving on a revoked license due to | 7 | | unpaid financial obligations; (2) the court finds that the | 8 | | defendant does not pose a risk to public safety; and (3) the | 9 | | interest of justice requires imposing a term of probation, | 10 | | conditional discharge, or a lesser term of imprisonment. The | 11 | | court must state on the record its reasons for imposing | 12 | | probation, conditional discharge, or a lesser term of | 13 | | imprisonment. | 14 | | (c-2) If the defendant is sentenced to prison, other than | 15 | | when a sentence of
natural life imprisonment or a sentence of | 16 | | death is imposed, at the time
the sentence is imposed the judge | 17 | | shall
state on the record in open court the approximate period | 18 | | of time the defendant
will serve in custody according to the | 19 | | then current statutory rules and
regulations for sentence | 20 | | credit found in Section 3-6-3 and other related
provisions of | 21 | | this Code. This statement is intended solely to inform the
| 22 | | public, has no legal effect on the defendant's actual release, | 23 | | and may not be
relied on by the defendant on appeal.
| 24 | | The judge's statement, to be given after pronouncing the | 25 | | sentence, other than
when the sentence is imposed for one of | 26 | | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, |
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| 1 | | shall include the following:
| 2 | | "The purpose of this statement is to inform the public of | 3 | | the actual period
of time this defendant is likely to spend in | 4 | | prison as a result of this
sentence. The actual period of | 5 | | prison time served is determined by the
statutes of Illinois | 6 | | as applied to this sentence by the Illinois Department of
| 7 | | Corrections and
the Illinois Prisoner Review Board. In this | 8 | | case, assuming the defendant
receives all of his or her | 9 | | sentence credit, the period of estimated actual
custody is ... | 10 | | years and ... months, less up to 180 days additional earned | 11 | | sentence credit. If the defendant, because of his or
her own | 12 | | misconduct or failure to comply with the institutional | 13 | | regulations,
does not receive those credits, the actual time | 14 | | served in prison will be
longer. The defendant may also | 15 | | receive an additional one-half day sentence
credit for each | 16 | | day of participation in vocational, industry, substance abuse,
| 17 | | and educational programs as provided for by Illinois statute."
| 18 | | When the sentence is imposed for one of the offenses | 19 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 20 | | first degree murder, and the offense was
committed on or after | 21 | | June 19, 1998, and when the sentence is imposed for
reckless | 22 | | homicide as defined in subsection (e) of Section 9-3 of the | 23 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 24 | | offense was committed on or after January 1, 1999,
and when the | 25 | | sentence is imposed for aggravated driving under the influence
| 26 | | of alcohol, other drug or drugs, or intoxicating compound or |
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| 1 | | compounds, or
any combination thereof as defined in | 2 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 3 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 4 | | imposed for aggravated arson if the offense was committed
on | 5 | | or after July 27, 2001 (the effective date of Public Act | 6 | | 92-176), and when
the sentence is imposed for aggravated | 7 | | driving under the influence of alcohol,
other drug or drugs, | 8 | | or intoxicating compound or compounds, or any combination
| 9 | | thereof as defined in subparagraph (C) of paragraph (1) of | 10 | | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | 11 | | committed on or after January 1, 2011 (the effective date of | 12 | | Public Act 96-1230), the judge's
statement, to be given after | 13 | | pronouncing the sentence, shall include the
following:
| 14 | | "The purpose of this statement is to inform the public of | 15 | | the actual period
of time this defendant is likely to spend in | 16 | | prison as a result of this
sentence. The actual period of | 17 | | prison time served is determined by the
statutes of Illinois | 18 | | as applied to this sentence by the Illinois Department of
| 19 | | Corrections and
the Illinois Prisoner Review Board. In this | 20 | | case,
the defendant is entitled to no more than 4 1/2 days of | 21 | | sentence credit for
each month of his or her sentence of | 22 | | imprisonment. Therefore, this defendant
will serve at least | 23 | | 85% of his or her sentence. Assuming the defendant
receives 4 | 24 | | 1/2 days credit for each month of his or her sentence, the | 25 | | period
of estimated actual custody is ... years and ... | 26 | | months. If the defendant,
because of his or her own misconduct |
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| 1 | | or failure to comply with the
institutional regulations | 2 | | receives lesser credit, the actual time served in
prison will | 3 | | be longer."
| 4 | | When a sentence of imprisonment is imposed for first | 5 | | degree murder and
the offense was committed on or after June | 6 | | 19, 1998, the judge's statement,
to be given after pronouncing | 7 | | the sentence, shall include the following:
| 8 | | "The purpose of this statement is to inform the public of | 9 | | the actual period
of time this defendant is likely to spend in | 10 | | prison as a result of this
sentence. The actual period of | 11 | | prison time served is determined by the
statutes of Illinois | 12 | | as applied to this sentence by the Illinois Department
of | 13 | | Corrections and the Illinois Prisoner Review Board. In this | 14 | | case, the
defendant is not entitled to sentence credit. | 15 | | Therefore, this defendant
will serve 100% of his or her | 16 | | sentence."
| 17 | | When the sentencing order recommends placement in a | 18 | | substance abuse program for any offense that results in | 19 | | incarceration
in a Department of Corrections facility and the | 20 | | crime was
committed on or after September 1, 2003 (the | 21 | | effective date of Public Act
93-354), the judge's
statement, | 22 | | in addition to any other judge's statement required under this
| 23 | | Section, to be given after pronouncing the sentence, shall | 24 | | include the
following:
| 25 | | "The purpose of this statement is to inform the public of
| 26 | | the actual period of time this defendant is likely to spend in
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| 1 | | prison as a result of this sentence. The actual period of
| 2 | | prison time served is determined by the statutes of Illinois | 3 | | as
applied to this sentence by the Illinois Department of
| 4 | | Corrections and the Illinois Prisoner Review Board. In this
| 5 | | case, the defendant shall receive no earned sentence credit | 6 | | under clause (3) of subsection (a) of Section 3-6-3 until he or
| 7 | | she participates in and completes a substance abuse treatment | 8 | | program or receives a waiver from the Director of Corrections | 9 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| 10 | | (c-4) Before the sentencing hearing and as part of the | 11 | | presentence investigation under Section 5-3-1, the court shall | 12 | | inquire of the defendant whether the defendant is currently | 13 | | serving in or is a veteran of the Armed Forces of the United | 14 | | States.
If the defendant is currently serving in the Armed | 15 | | Forces of the United States or is a veteran of the Armed Forces | 16 | | of the United States and has been diagnosed as having a mental | 17 | | illness by a qualified psychiatrist or clinical psychologist | 18 | | or physician, the court may: | 19 | | (1) order that the officer preparing the presentence | 20 | | report consult with the United States Department of | 21 | | Veterans Affairs, Illinois Department of Veterans' | 22 | | Affairs, or another agency or person with suitable | 23 | | knowledge or experience for the purpose of providing the | 24 | | court with information regarding treatment options | 25 | | available to the defendant, including federal, State, and | 26 | | local programming; and |
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| 1 | | (2) consider the treatment recommendations of any | 2 | | diagnosing or treating mental health professionals | 3 | | together with the treatment options available to the | 4 | | defendant in imposing sentence. | 5 | | For the purposes of this subsection (c-4), "qualified | 6 | | psychiatrist" means a reputable physician licensed in Illinois | 7 | | to practice medicine in all its branches, who has specialized | 8 | | in the diagnosis and treatment of mental and nervous disorders | 9 | | for a period of not less than 5 years. | 10 | | (c-6) In imposing a sentence, the trial judge shall | 11 | | specify, on the record, the particular evidence and other | 12 | | reasons which led to his or her determination that a motor | 13 | | vehicle was used in the commission of the offense. | 14 | | (c-7) In imposing a sentence for a Class 3 or 4 felony, | 15 | | other than a violent crime as defined in Section 3 of the | 16 | | Rights of Crime Victims and Witnesses Act, the court shall | 17 | | determine and indicate in the sentencing order whether the | 18 | | defendant has 4 or more or fewer than 4 months remaining on his | 19 | | or her sentence accounting for time served. | 20 | | (d) When the defendant is committed to the Department of
| 21 | | Corrections, the State's Attorney shall and counsel for the | 22 | | defendant
may file a statement with the clerk of the court to | 23 | | be transmitted to
the department, agency or institution to | 24 | | which the defendant is
committed to furnish such department, | 25 | | agency or institution with the
facts and circumstances of the | 26 | | offense for which the person was
committed together with all |
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| 1 | | other factual information accessible to them
in regard to the | 2 | | person prior to his commitment relative to his habits,
| 3 | | associates, disposition and reputation and any other facts and
| 4 | | circumstances which may aid such department, agency or | 5 | | institution
during its custody of such person. The clerk shall | 6 | | within 10 days after
receiving any such statements transmit a | 7 | | copy to such department, agency
or institution and a copy to | 8 | | the other party, provided, however, that
this shall not be | 9 | | cause for delay in conveying the person to the
department, | 10 | | agency or institution to which he has been committed.
| 11 | | (e) The clerk of the court shall transmit to the | 12 | | department,
agency or institution, if any, to which the | 13 | | defendant is committed, the
following:
| 14 | | (1) the sentence imposed;
| 15 | | (2) any statement by the court of the basis for | 16 | | imposing the sentence;
| 17 | | (3) any presentence reports; | 18 | | (3.3) the person's last known complete street address | 19 | | prior to incarceration or legal residence, the person's | 20 | | race, whether the person is of Hispanic or Latino origin, | 21 | | and whether the person is 18 years of age or older;
| 22 | | (3.5) any sex offender evaluations;
| 23 | | (3.6) any substance abuse treatment eligibility | 24 | | screening and assessment of the defendant by an agent | 25 | | designated by the State of Illinois to provide assessment | 26 | | services for the Illinois courts;
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| 1 | | (4) the number of days, if any, which the defendant | 2 | | has been in
custody and for which he is entitled to credit | 3 | | against the sentence,
which information shall be provided | 4 | | to the clerk by the sheriff;
| 5 | | (4.1) any finding of great bodily harm made by the | 6 | | court with respect
to an offense enumerated in subsection | 7 | | (c-1);
| 8 | | (5) all statements filed under subsection (d) of this | 9 | | Section;
| 10 | | (6) any medical or mental health records or summaries | 11 | | of the defendant;
| 12 | | (7) the municipality where the arrest of the offender | 13 | | or the commission
of the offense has occurred, where such | 14 | | municipality has a population of
more than 25,000 persons;
| 15 | | (8) all statements made and evidence offered under | 16 | | paragraph (7) of
subsection (a) of this Section; and
| 17 | | (9) all additional matters which the court directs the | 18 | | clerk to
transmit.
| 19 | | (f) In cases in which the court finds that a motor vehicle | 20 | | was used in the commission of the offense for which the | 21 | | defendant is being sentenced, the clerk of the court shall, | 22 | | within 5 days thereafter, forward a report of such conviction | 23 | | to the Secretary of State. | 24 | | (Source: P.A. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; | 25 | | 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, | 26 | | Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.) |
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| 1 | | Section 10. The No
Representation Without Population Act | 2 | | is amended by changing Section 2-10 as follows: | 3 | | (730 ILCS 205/2-10)
| 4 | | Sec. 2-10. Reports to the State Board of Elections. | 5 | | (a) Within 30 days after the effective date of this Act, | 6 | | and thereafter, on or before May 1 of each year in which the | 7 | | federal decennial census is taken but in which the United | 8 | | States Bureau of the Census allocates incarcerated persons as | 9 | | residents of correctional facilities, the Department shall | 10 | | deliver to the State Board of Elections the following | 11 | | information: | 12 | | (1) A unique identifier, not including the name or | 13 | | Department-assigned inmate number, for each incarcerated | 14 | | person subject to the jurisdiction of the Department on | 15 | | the date for which the decennial census reports | 16 | | population. The unique identifier shall enable the State | 17 | | Board of Elections to address inquiries about specific | 18 | | address records to the Department, without making it | 19 | | possible for anyone outside of the Department to identify | 20 | | the inmate to whom the address record pertains. | 21 | | (2) The street address of the correctional facility | 22 | | where the person was incarcerated at the time of the | 23 | | report. | 24 | | (3) The last known address of the person prior to |
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| 1 | | incarceration or other legal residence, if known. If the | 2 | | last address or legal address of the person is unknown, | 3 | | the Department shall use, if available, addresses | 4 | | collected for purposes of parole, mandatory supervised | 5 | | release, or aftercare release programs. | 6 | | (4) The person's race, whether the person is of | 7 | | Hispanic or Latino origin, and whether the person is age | 8 | | 18 or older, if known. | 9 | | (5) Any additional information as the State Board of | 10 | | Elections may request pursuant to law. | 11 | | (b) The Department shall provide the information specified | 12 | | in subsection (a) in the form that the State Board of Elections | 13 | | shall specify. | 14 | | (c) Notwithstanding any other provision of law, the | 15 | | information required to be provided to the State Board of | 16 | | Elections pursuant to this Section shall not include the name | 17 | | of any incarcerated person and shall not allow for the | 18 | | identification of any person therefrom, except to the | 19 | | Department. The information shall be treated as confidential | 20 | | and shall not be disclosed by the State Board of Elections | 21 | | except as redistricting data aggregated by census block for | 22 | | purposes specified in Section 2-20.
| 23 | | (Source: P.A. 101-652, eff. 1-1-25; 102-813, eff. 5-13-22.)
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