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90_HB0721
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections to provide that a
prisoner serving a term of imprisonment of one or more years
may receive no more than 54 days of good conduct credit for
each year of his or her term of imprisonment. Authorizes
early release credit for participation in substance abuse
programs, corrections industry assignments, and educational
programs. Provides for vesting of early release credit at
the end of the year in which it is earned. Deletes certain
current provisions concerning early release credit. Present
law provides for one day of good conduct credit for each day
of service in prison, except when a sentence of natural life
has been imposed or a sentence for first degree murder in
which case no good conduct credit is awarded, and except for
various offenses in which good conduct credit may not exceed
4.5 days for each month of the prisoner's sentence of
imprisonment. Effective immediately.
LRB9002712RCcd
LRB9002712RCcd
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-6-3 and 5-4-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-6-3 and 5-4-1 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 Early Release.
9 (a)(1) The Department of Corrections shall prescribe
10 rules and regulations for the early release on account of
11 good conduct of persons committed to the Department or
12 for participation in substance abuse programs,
13 corrections industry assignments, or educational programs
14 which shall be subject to review by the Prisoner Review
15 Board.
16 (2) The rules and regulations shall provide that a
17 prisoner who is serving a term of imprisonment of one
18 year or more, other than a term of natural life
19 imprisonment, may receive good conduct credit toward the
20 service of his or her sentence, beyond the time served,
21 of no more than 54 days at end of each year of his or her
22 term of imprisonment, beginning at the end of the first
23 year of the term. If the Department determines that,
24 during any year, the prisoner has not satisfactorily
25 complied with the institutional regulations, he or she
26 shall not receive good conduct credit toward service of
27 his or her sentence or shall receive such lesser good
28 conduct credit as the Department determines to be
29 appropriate. The Department's determination shall be
30 made within 15 days after the end of each year of the
31 sentence. The good conduct credit toward service of a
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1 sentence vests at the time that it is received. Good
2 conduct credit that has vested may not later be withdrawn
3 and good conduct credit that has not been earned may not
4 later be granted. Good conduct credit for the last year
5 or portion of a year of a term of imprisonment shall be
6 prorated and credited within the last 6 weeks of a
7 sentence.
8 (2) The rules and regulations on early release
9 shall provide, with respect to offenses committed on or
10 after the effective date of this amendatory Act of 1995,
11 the following:
12 (i) that a prisoner who is serving a term of
13 imprisonment for first degree murder shall receive
14 no good conduct credit and shall serve the entire
15 sentence imposed by the court;
16 (ii) that a prisoner serving a sentence for
17 attempt to commit first degree murder, solicitation
18 of murder, solicitation of murder for hire,
19 intentional homicide of an unborn child, predatory
20 criminal sexual assault of a child, aggravated
21 criminal sexual assault, criminal sexual assault,
22 aggravated kidnapping, aggravated battery with a
23 firearm, heinous battery, aggravated battery of a
24 senior citizen, or aggravated battery of a child
25 shall receive no more than 4.5 days of good conduct
26 credit for each month of his or her sentence of
27 imprisonment; and
28 (iii) that a prisoner serving a sentence for
29 home invasion, armed robbery, aggravated vehicular
30 hijacking, aggravated discharge of a firearm, or
31 armed violence with a category I weapon or category
32 II weapon, when the court has made and entered a
33 finding, pursuant to subsection (c-1) of Section
34 5-4-1 of this Code, that the conduct leading to
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1 conviction for the enumerated offense resulted in
2 great bodily harm to a victim, shall receive no more
3 than 4.5 days of good conduct credit for each month
4 of his or her sentence of imprisonment.
5 (2.1) For all offenses, other than those enumerated
6 in subdivision (a)(2) committed on or after the effective
7 date of this amendatory Act of 1995, the rules and
8 regulations shall provide that a prisoner who is serving
9 a term of imprisonment shall receive one day of good
10 conduct credit for each day of his or her sentence of
11 imprisonment or recommitment under Section 3-3-9. Each
12 day of good conduct credit shall reduce by one day the
13 prisoner's period of imprisonment or recommitment under
14 Section 3-3-9.
15 (2.2) A prisoner serving a term of natural life
16 imprisonment or a prisoner who has been sentenced to
17 death shall receive no good conduct credit.
18 (3) The rules and regulations shall also provide
19 that the Director may award up to 180 days additional
20 good conduct credit for meritorious service in specific
21 instances as the Director deems proper; except that no
22 more than 90 days of good conduct credit for meritorious
23 service shall be awarded to any prisoner who is serving a
24 sentence for conviction of first degree murder, reckless
25 homicide while under the influence of alcohol or any
26 other drug, aggravated kidnapping, kidnapping, predatory
27 criminal sexual assault of a child, aggravated criminal
28 sexual assault, criminal sexual assault, deviate sexual
29 assault, aggravated criminal sexual abuse, aggravated
30 indecent liberties with a child, indecent liberties with
31 a child, child pornography, heinous battery, aggravated
32 battery of a spouse, aggravated battery of a spouse with
33 a firearm, stalking, aggravated stalking, aggravated
34 battery of a child, endangering the life or health of a
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1 child, cruelty to a child, or narcotic racketeering.
2 Notwithstanding the foregoing, good conduct credit for
3 meritorious service shall not be awarded on a sentence of
4 imprisonment imposed for conviction of one of the
5 offenses enumerated in subdivision (a)(2) when the
6 offense is committed on or after the effective date of
7 this amendatory Act of 1995.
8 (4) The rules and regulations shall also provide
9 that the good conduct credit accumulated and retained
10 under paragraph (2.1) of subsection (a) of this Section
11 by any inmate during specific periods of time in which
12 such inmate is engaged full-time in substance abuse
13 programs, correctional industry assignments, or
14 educational programs provided by the Department under
15 this paragraph (4) and satisfactorily completes the
16 assigned program as determined by the standards of the
17 Department, shall be multiplied by a factor of 1.25 for
18 program participation before the effective date of this
19 amendatory Act of 1993 and 1.50 for program participation
20 on or after that date. However, no inmate shall be
21 eligible for the additional good conduct credit under
22 this paragraph (4) while assigned to a boot camp, mental
23 health unit, or electronic detention, or if convicted of
24 an offense enumerated in paragraph (a)(2) of this Section
25 that is committed on or after the effective date of this
26 amendatory Act of 1995, or first degree murder, a Class X
27 felony, criminal sexual assault, felony criminal sexual
28 abuse, aggravated criminal sexual abuse, aggravated
29 battery with a firearm, or any predecessor or successor
30 offenses with the same or substantially the same
31 elements, or any inchoate offenses relating to the
32 foregoing offenses. No inmate shall be eligible for the
33 additional good conduct credit under this paragraph (4)
34 who (i) has previously received increased good conduct
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1 credit under this paragraph (4) and has subsequently been
2 convicted of a felony, or (ii) has previously served more
3 than one prior sentence of imprisonment for a felony in
4 an adult correctional facility.
5 Educational, vocational, substance abuse and
6 correctional industry programs under which good conduct
7 credit may be increased under this paragraph (4) shall be
8 evaluated by the Department on the basis of documented
9 standards. The Department shall report the results of
10 these evaluations to the Governor and the General
11 Assembly by September 30th of each year. The reports
12 shall include data relating to the recidivism rate among
13 program participants.
14 Availability of these programs shall be subject to
15 the limits of fiscal resources appropriated by the
16 General Assembly for these purposes. Eligible inmates
17 who are denied immediate admission shall be placed on a
18 waiting list under criteria established by the
19 Department. The inability of any inmate to become engaged
20 in any such programs by reason of insufficient program
21 resources or for any other reason established under the
22 rules and regulations of the Department shall not be
23 deemed a cause of action under which the Department or
24 any employee or agent of the Department shall be liable
25 for damages to the inmate.
26 (5) Whenever the Department is to release any
27 inmate earlier than it otherwise would because of a grant
28 of good conduct credit for meritorious service given at
29 any time during the term, the Department shall give
30 reasonable advance notice of the impending release to the
31 State's Attorney of the county where the prosecution of
32 the inmate took place.
33 (b) If Whenever a person is or has been committed under
34 several convictions, with separate sentences, the sentences
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1 shall be construed under Section 5-8-4 in granting and
2 forfeiting of good time.
3 (c) The Department shall prescribe rules and regulations
4 for revoking good conduct credit, or suspending or reducing
5 the rate of accumulation of good conduct credit for specific
6 rule violations, during imprisonment. These rules and
7 regulations shall provide that no inmate may be penalized
8 more than one year of good conduct credit for any one
9 infraction.
10 When the Department seeks to revoke, suspend or reduce
11 the rate of accumulation of any good conduct credits for an
12 alleged infraction of its rules, it shall bring charges
13 therefor against the prisoner sought to be so deprived of
14 good conduct credits before the Prisoner Review Board as
15 provided in subparagraph (a)(4) of Section 3-3-2 of this
16 Code, if the amount of credit at issue exceeds 30 days or
17 when during any 12 month period, the cumulative amount of
18 credit revoked exceeds 30 days except where the infraction is
19 committed or discovered within 60 days of scheduled release.
20 In those cases, the Department of Corrections may revoke up
21 to 30 days of good conduct credit. The Board may subsequently
22 approve the revocation of additional good conduct credit, if
23 the Department seeks to revoke good conduct credit in excess
24 of 30 days. However, the Board shall not be empowered to
25 review the Department's decision with respect to the loss of
26 30 days of good conduct credit within any calendar year for
27 any prisoner or to increase any penalty beyond the length
28 requested by the Department.
29 The Director of the Department of Corrections, in
30 appropriate cases, may restore up to 30 days good conduct
31 credits which have been revoked, suspended or reduced. Any
32 restoration of good conduct credits in excess of 30 days
33 shall be subject to review by the Prisoner Review Board.
34 However, the Board may not restore good conduct credit in
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1 excess of the amount requested by the Director.
2 Nothing contained in this Section shall prohibit the
3 Prisoner Review Board from ordering, under pursuant to
4 Section 3-3-9(a)(3)(i)(B), that a prisoner serve up to one
5 year of the sentence imposed by the court which that was not
6 served due to the accumulation of good conduct credit.
7 (d) If a lawsuit is filed by a prisoner in an Illinois
8 or federal court against the State, the Department of
9 Corrections, or the Prisoner Review Board, or against any of
10 their officers or employees, and the court makes a specific
11 finding that a pleading, motion, or other paper filed by the
12 prisoner is frivolous, the Department of Corrections shall
13 conduct a hearing to revoke up to 180 days of good conduct
14 credit by bringing charges against the prisoner sought to be
15 deprived of the good conduct credits before the Prisoner
16 Review Board as provided in subparagraph (a)(8) of Section
17 3-3-2 of this Code. If the prisoner has not accumulated 180
18 days of good conduct credit at the time of the finding, then
19 the Prisoner Review Board may revoke all good conduct credit
20 accumulated by the prisoner.
21 For purposes of this subsection (d):
22 (1) "Frivolous" means that a pleading, motion, or
23 other paper filed by a prisoner in his or her lawsuit
24 does not meet the following criteria:
25 (A) it is not being presented for any improper
26 purpose, such as to harass or to cause unnecessary
27 delay or needless increase in the cost of
28 litigation;
29 (B) the claims, defenses, and other legal
30 contentions therein are warranted by existing law or
31 by a nonfrivolous argument for the extension,
32 modification, or reversal of existing law or the
33 establishment of new law;
34 (C) the allegations and other factual
-8- LRB9002712RCcd
1 contentions have evidentiary support or, if
2 specifically so identified, are likely to have
3 evidentiary support after a reasonable opportunity
4 for further investigation or discovery; and
5 (D) the denials of factual contentions are
6 warranted on the evidence or, if specifically so
7 identified, are reasonably based on a lack of
8 information or belief.
9 (2) "Lawsuit" means a petition for post conviction
10 relief under Article 122 of the Code of Criminal
11 Procedure of 1963, a habeas corpus action under Article X
12 of the Code of Civil Procedure or under federal law (28
13 U.S.C. 2254), a petition for claim under the Court of
14 Claims Act or an action under the federal Civil Rights
15 Act (42 U.S.C. 1983).
16 (Source: P.A. 88-311; 88-402; 88-670, eff. 12-2-94; 89-404,
17 eff. 8-20-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
18 89-656, eff. 1-1-97.)
19 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
20 (Text of Section before amendment by P.A. 89-507)
21 Sec. 5-4-1. Sentencing Hearing.
22 (a) Except when the death penalty is sought under
23 hearing procedures otherwise specified, after a determination
24 of guilt, a hearing shall be held to impose the sentence.
25 However, prior to the imposition of sentence on an individual
26 being sentenced for an offense based upon a charge for a
27 violation of Section 11-501 of The Illinois Vehicle Code or a
28 similar provision of a local ordinance, the individual must
29 undergo a professional evaluation to determine if an alcohol
30 or other drug abuse problem exists and the extent of such a
31 problem. Programs conducting these evaluations shall be
32 licensed by the Department of Alcoholism and Substance Abuse.
33 However, if the individual is not a resident of Illinois, the
-9- LRB9002712RCcd
1 court may, in its discretion, accept an evaluation from a
2 program in the state of such individual's residence. The
3 court may in its sentencing order approve an eligible
4 defendant for placement in a Department of Corrections impact
5 incarceration program as provided in Section 5-8-1.1. At the
6 hearing the court shall:
7 (1) consider the evidence, if any, received upon
8 the 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
14 the parties in aggravation and mitigation;
15 (5) hear arguments as to sentencing alternatives;
16 (6) afford the defendant the opportunity to make a
17 statement in his own behalf;
18 (7) afford the victim of a violent crime or a
19 violation of Section 11-501 of the Illinois Vehicle Code,
20 or a similar provision of a local ordinance, committed by
21 the defendant the opportunity to make a statement
22 concerning the impact on the victim and to offer evidence
23 in aggravation or mitigation; provided that the statement
24 and evidence offered in aggravation or mitigation must
25 first be prepared in writing in conjunction with the
26 State's Attorney before it may be presented orally at the
27 hearing. Any sworn testimony offered by the victim is
28 subject to the defendant's right to cross-examine. All
29 statements and evidence offered under this paragraph (7)
30 shall become part of the record of the court; and
31 (8) in cases of reckless homicide afford the
32 victim's spouse, guardians, parents or other immediate
33 family members an opportunity to make oral statements.
34 (b) All sentences shall be imposed by the judge based
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1 upon his independent assessment of the elements specified
2 above and any agreement as to sentence reached by the
3 parties. The judge who presided at the trial or the judge
4 who accepted the plea of guilty shall impose the sentence
5 unless he is no longer sitting as a judge in that court.
6 Where the judge does not impose sentence at the same time on
7 all defendants who are convicted as a result of being
8 involved in the same offense, the defendant or the State's
9 attorney may advise the sentencing court of the disposition
10 of any other defendants who have been sentenced.
11 (c) In imposing a sentence for a violent crime or for an
12 offense of operating or being in physical control of a
13 vehicle while under the influence of alcohol, any other drug
14 or any combination thereof, or a similar provision of a local
15 ordinance, when such offense resulted in the personal injury
16 to someone other than the defendant, the trial judge shall
17 specify on the record the particular evidence, information,
18 factors in mitigation and aggravation or other reasons that
19 led to his sentencing determination. The full verbatim record
20 of the sentencing hearing shall be filed with the clerk of
21 the court and shall be a public record.
22 (c-1) In imposing a sentence for the offense of
23 aggravated kidnapping for ransom, home invasion, armed
24 robbery, aggravated vehicular hijacking, aggravated discharge
25 of a firearm, or armed violence with a category I weapon or
26 category II weapon, the trial judge shall make a finding as
27 to whether the conduct leading to conviction for the offense
28 resulted in great bodily harm to a victim, and shall enter
29 that finding and the basis for that finding in the record.
30 (c-2) If the defendant is sentenced to prison, other
31 than when a sentence of natural life imprisonment or a
32 sentence of death is imposed, at the time the sentence is
33 imposed the judge shall state on the record in open court the
34 approximate period of time the defendant will serve in
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1 custody according to the then current statutory rules and
2 regulations for early release found in Section 3-6-3 and
3 other related provisions of this Code. This statement is
4 intended solely to inform the public, has no legal effect on
5 the defendant's actual release, and may not be relied on by
6 the defendant on appeal.
7 The judge's statement, to be given after pronouncing the
8 sentence, other than when the sentence is imposed for one of
9 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
10 shall include the following:
11 "The purpose of this statement is to inform the public of
12 the actual period of time this defendant is likely to spend
13 in prison as a result of this sentence. The actual period of
14 prison time served is determined by the statutes of Illinois
15 as applied to this sentence by the Illinois Department of
16 Corrections and the Illinois Prisoner Review Board. In this
17 case, assuming the defendant receives all of his or her good
18 conduct credit, the period of estimated actual custody is ...
19 years and ... months, less up to 180 days additional good
20 conduct credit for meritorious service. If the defendant,
21 because of his or her own misconduct or failure to comply
22 with the institutional regulations, does not receive those
23 credits, the actual time served in prison will be longer.
24 The defendant may also receive an additional one-half day
25 good conduct credit for each day of participation in
26 vocational, industry, substance abuse, and educational
27 programs as provided for by Illinois statute."
28 When the sentence is imposed for one of the offenses
29 enumerated in paragraph (a)(3) of Section 3-6-3, other than
30 when the sentence is imposed for one of the offenses
31 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
32 or after the effective date of this amendatory Act of 1995,
33 the judge's statement, to be given after pronouncing the
34 sentence, shall include the following:
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1 "The purpose of this statement is to inform the public of
2 the actual period of time this defendant is likely to spend
3 in prison as a result of this sentence. The actual period of
4 prison time served is determined by the statutes of Illinois
5 as applied to this sentence by the Illinois Department of
6 Corrections and the Illinois Prisoner Review Board. In this
7 case, assuming the defendant receives all of his or her good
8 conduct credit, the period of estimated actual custody is ...
9 years and ... months, less up to 90 days additional good
10 conduct credit for meritorious service. If the defendant,
11 because of his or her own misconduct or failure to comply
12 with the institutional regulations, does not receive those
13 credits, the actual time served in prison will be longer.
14 The defendant may also receive an additional one-half day
15 good conduct credit for each day of participation in
16 vocational, industry, substance abuse, and educational
17 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
21 after the effective date of this amendatory Act of 1995, the
22 judge's statement, to be given after pronouncing the
23 sentence, shall include the following:
24 "The purpose of this statement is to inform the public of
25 the actual period of time this defendant is likely to spend
26 in prison as a result of this sentence. The actual period of
27 prison time served is determined by the statutes of Illinois
28 as applied to this sentence by the Illinois Department of
29 Corrections and the Illinois Prisoner Review Board. In this
30 case, the defendant is entitled to no more than 4 1/2 days of
31 good conduct credit for each month of his or her sentence of
32 imprisonment. Therefore, this defendant will serve at least
33 85% of his or her sentence. Assuming the defendant receives
34 4 1/2 days credit for each month of his or her sentence, the
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1 period of estimated actual custody is ... years and ...
2 months. If the defendant, because of his or her own
3 misconduct or failure to comply with the institutional
4 regulations receives lesser credit, the actual time served in
5 prison will be longer."
6 When a sentence of imprisonment is imposed for first
7 degree murder and the offense was committed on or after the
8 effective date of this amendatory Act of 1995, the judge's
9 statement, to be given after pronouncing the sentence, shall
10 include the following:
11 "The purpose of this statement is to inform the public of
12 the actual period of time this defendant is likely to spend
13 in prison as a result of this sentence. The actual period of
14 prison time served is determined by the statutes of Illinois
15 as applied to this sentence by the Illinois Department of
16 Corrections and the Illinois Prisoner Review Board. In this
17 case, the defendant is not entitled to good conduct credit.
18 Therefore, this defendant will serve 100% of his or her
19 sentence."
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
27 other factual information accessible to them in regard to the
28 person prior to his commitment relative to his habits,
29 associates, disposition and reputation and any other facts
30 and circumstances which may aid such department, agency or
31 institution during its custody of such person. The clerk
32 shall within 10 days after receiving any such statements
33 transmit a copy to such department, agency or institution and
34 a copy to the other party, provided, however, that this shall
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1 not be cause for delay in conveying the person to the
2 department, agency or institution to which he has been
3 committed.
4 (e) The clerk of the court shall transmit to the
5 department, agency or institution, if any, to which the
6 defendant is committed, the following:
7 (1) the sentence imposed;
8 (2) any statement by the court of the basis for
9 imposing the sentence;
10 (3) any presentence reports;
11 (4) the number of days, if any, which the defendant
12 has been in custody and for which he is entitled to
13 credit against the sentence, which information shall be
14 provided to the clerk by the sheriff;
15 (4.1) any finding of great bodily harm made by the
16 court with respect to an offense enumerated in subsection
17 (c-1);
18 (5) all statements filed under subsection (d) of
19 this Section;
20 (6) any medical or mental health records or
21 summaries of the defendant;
22 (7) the municipality where the arrest of the
23 offender or the commission of the offense has occurred,
24 where such municipality has a population of more than
25 25,000 persons;
26 (8) all statements made and evidence offered under
27 paragraph (7) of subsection (a) of this Section; and
28 (9) all additional matters which the court directs
29 the clerk to transmit.
30 (Source: P.A. 89-404, eff. 8-20-95.)
31 (Text of Section after amendment by P.A. 89-507)
32 Sec. 5-4-1. Sentencing Hearing.
33 (a) Except when the death penalty is sought under
34 hearing procedures otherwise specified, after a determination
-15- LRB9002712RCcd
1 of guilt, a hearing shall be held to impose the sentence.
2 However, prior to the imposition of sentence on an individual
3 being sentenced for an offense based upon a charge for a
4 violation of Section 11-501 of the Illinois Vehicle Code or a
5 similar provision of a local ordinance, the individual must
6 undergo a professional evaluation to determine if an alcohol
7 or other drug abuse problem exists and the extent of such a
8 problem. Programs conducting these evaluations shall be
9 licensed by the Department of Human Services. However, if
10 the individual is not a resident of Illinois, the court may,
11 in its discretion, accept an evaluation from a program in the
12 state of such individual's residence. The court may in its
13 sentencing order approve an eligible defendant for placement
14 in a Department of Corrections impact incarceration program
15 as provided in Section 5-8-1.1. At the hearing the court
16 shall:
17 (1) consider the evidence, if any, received upon
18 the trial;
19 (2) consider any presentence reports;
20 (3) consider the financial impact of incarceration
21 based on the financial impact statement filed with the
22 clerk of the court by the Department of Corrections;
23 (4) consider evidence and information offered by
24 the parties in aggravation and mitigation;
25 (5) hear arguments as to sentencing alternatives;
26 (6) afford the defendant the opportunity to make a
27 statement in his own behalf;
28 (7) afford the victim of a violent crime or a
29 violation of Section 11-501 of the Illinois Vehicle Code,
30 or a similar provision of a local ordinance, committed by
31 the defendant the opportunity to make a statement
32 concerning the impact on the victim and to offer evidence
33 in aggravation or mitigation; provided that the statement
34 and evidence offered in aggravation or mitigation must
-16- LRB9002712RCcd
1 first be prepared in writing in conjunction with the
2 State's Attorney before it may be presented orally at the
3 hearing. Any sworn testimony offered by the victim is
4 subject to the defendant's right to cross-examine. All
5 statements and evidence offered under this paragraph (7)
6 shall become part of the record of the court; and
7 (8) in cases of reckless homicide afford the
8 victim's spouse, guardians, parents or other immediate
9 family members an opportunity to make oral statements.
10 (b) All sentences shall be imposed by the judge based
11 upon his independent assessment of the elements specified
12 above and any agreement as to sentence reached by the
13 parties. The judge who presided at the trial or the judge
14 who accepted the plea of guilty shall impose the sentence
15 unless he is no longer sitting as a judge in that court.
16 Where the judge does not impose sentence at the same time on
17 all defendants who are convicted as a result of being
18 involved in the same offense, the defendant or the State's
19 attorney may advise the sentencing court of the disposition
20 of any other defendants who have been sentenced.
21 (c) In imposing a sentence for a violent crime or for an
22 offense of operating or being in physical control of a
23 vehicle while under the influence of alcohol, any other drug
24 or any combination thereof, or a similar provision of a local
25 ordinance, when such offense resulted in the personal injury
26 to someone other than the defendant, the trial judge shall
27 specify on the record the particular evidence, information,
28 factors in mitigation and aggravation or other reasons that
29 led to his sentencing determination. The full verbatim record
30 of the sentencing hearing shall be filed with the clerk of
31 the court and shall be a public record.
32 (c-1) In imposing a sentence for the offense of
33 aggravated kidnapping for ransom, home invasion, armed
34 robbery, aggravated vehicular hijacking, aggravated discharge
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1 of a firearm, or armed violence with a category I weapon or
2 category II weapon, the trial judge shall make a finding as
3 to whether the conduct leading to conviction for the offense
4 resulted in great bodily harm to a victim, and shall enter
5 that finding and the basis for that finding in the record.
6 (c-2) If the defendant is sentenced to prison, other
7 than when a sentence of natural life imprisonment or a
8 sentence of death is imposed, at the time the sentence is
9 imposed the judge shall state on the record in open court the
10 approximate period of time the defendant will serve in
11 custody according to the then current statutory rules and
12 regulations for early release found in Section 3-6-3 and
13 other related provisions of this Code. This statement is
14 intended solely to inform the public, has no legal effect on
15 the defendant's actual release, and may not be relied on by
16 the defendant on appeal.
17 The judge's statement, to be given after pronouncing the
18 sentence, other than when the sentence is imposed for one of
19 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
20 shall include the following:
21 "The purpose of this statement is to inform the public of
22 the actual period of time this defendant is likely to spend
23 in prison as a result of this sentence. The actual period of
24 prison time served is determined by the statutes of Illinois
25 as applied to this sentence by the Illinois Department of
26 Corrections and the Illinois Prisoner Review Board. In this
27 case, assuming the defendant receives all of his or her good
28 conduct credit, the period of estimated actual custody is ...
29 years and ... months, less up to 180 days additional good
30 conduct credit for meritorious service. If the defendant,
31 because of his or her own misconduct or failure to comply
32 with the institutional regulations, does not receive those
33 credits, the actual time served in prison will be longer.
34 The defendant may also receive an additional one-half day
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1 good conduct credit for each day of participation in
2 vocational, industry, substance abuse, and educational
3 programs as provided for by Illinois statute."
4 When the sentence is imposed for one of the offenses
5 enumerated in paragraph (a)(3) of Section 3-6-3, other than
6 when the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
8 or after the effective date of this amendatory Act of 1995,
9 the judge's statement, to be given after pronouncing the
10 sentence, shall include the following:
11 "The purpose of this statement is to inform the public of
12 the actual period of time this defendant is likely to spend
13 in prison as a result of this sentence. The actual period of
14 prison time served is determined by the statutes of Illinois
15 as applied to this sentence by the Illinois Department of
16 Corrections and the Illinois Prisoner Review Board. In this
17 case, assuming the defendant receives all of his or her good
18 conduct credit, the period of estimated actual custody is ...
19 years and ... months, less up to 90 days additional good
20 conduct credit for meritorious service. If the defendant,
21 because of his or her own misconduct or failure to comply
22 with the institutional regulations, does not receive those
23 credits, the actual time served in prison will be longer.
24 The defendant may also receive an additional one-half day
25 good conduct credit for each day of participation in
26 vocational, industry, substance abuse, and educational
27 programs as provided for by Illinois statute."
28 When the sentence is imposed for one of the offenses
29 enumerated in paragraph (a)(2) of Section 3-6-3, other than
30 first degree murder, and the offense was committed on or
31 after the effective date of this amendatory Act of 1995, the
32 judge's statement, to be given after pronouncing the
33 sentence, shall include the following:
34 "The purpose of this statement is to inform the public of
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1 the actual period of time this defendant is likely to spend
2 in prison as a result of this sentence. The actual period of
3 prison time served is determined by the statutes of Illinois
4 as applied to this sentence by the Illinois Department of
5 Corrections and the Illinois Prisoner Review Board. In this
6 case, the defendant is entitled to no more than 4 1/2 days of
7 good conduct credit for each month of his or her sentence of
8 imprisonment. Therefore, this defendant will serve at least
9 85% of his or her sentence. Assuming the defendant receives
10 4 1/2 days credit for each month of his or her sentence, the
11 period of estimated actual custody is ... years and ...
12 months. If the defendant, because of his or her own
13 misconduct or failure to comply with the institutional
14 regulations receives lesser credit, the actual time served in
15 prison will be longer."
16 When a sentence of imprisonment is imposed for first
17 degree murder and the offense was committed on or after the
18 effective date of this amendatory Act of 1995, the judge's
19 statement, to be given after pronouncing the sentence, shall
20 include the following:
21 "The purpose of this statement is to inform the public of
22 the actual period of time this defendant is likely to spend
23 in prison as a result of this sentence. The actual period of
24 prison time served is determined by the statutes of Illinois
25 as applied to this sentence by the Illinois Department of
26 Corrections and the Illinois Prisoner Review Board. In this
27 case, the defendant is not entitled to good conduct credit.
28 Therefore, this defendant will serve 100% of his or her
29 sentence."
30 (d) When the defendant is committed to the Department of
31 Corrections, the State's Attorney shall and counsel for the
32 defendant may file a statement with the clerk of the court to
33 be transmitted to the department, agency or institution to
34 which the defendant is committed to furnish such department,
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1 agency or institution with the facts and circumstances of the
2 offense for which the person was committed together with all
3 other factual information accessible to them in regard to the
4 person prior to his commitment relative to his habits,
5 associates, disposition and reputation and any other facts
6 and circumstances which may aid such department, agency or
7 institution during its custody of such person. The clerk
8 shall within 10 days after receiving any such statements
9 transmit a copy to such department, agency or institution and
10 a copy to the other party, provided, however, that this shall
11 not be cause for delay in conveying the person to the
12 department, agency or institution to which he has been
13 committed.
14 (e) The clerk of the court shall transmit to the
15 department, agency or institution, if any, to which the
16 defendant is committed, the following:
17 (1) the sentence imposed;
18 (2) any statement by the court of the basis for
19 imposing the sentence;
20 (3) any presentence reports;
21 (4) the number of days, if any, which the defendant
22 has been in custody and for which he is entitled to
23 credit against the sentence, which information shall be
24 provided to the clerk by the sheriff;
25 (4.1) any finding of great bodily harm made by the
26 court with respect to an offense enumerated in subsection
27 (c-1);
28 (5) all statements filed under subsection (d) of
29 this Section;
30 (6) any medical or mental health records or
31 summaries of the defendant;
32 (7) the municipality where the arrest of the
33 offender or the commission of the offense has occurred,
34 where such municipality has a population of more than
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1 25,000 persons;
2 (8) all statements made and evidence offered under
3 paragraph (7) of subsection (a) of this Section; and
4 (9) all additional matters which the court directs
5 the clerk to transmit.
6 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.