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90_HB3774
720 ILCS 5/12-4 from Ch. 38, par. 12-4
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
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
730 ILCS 130/3.1 from Ch. 75, par. 32.1
Amends the Criminal Code of 1961. Provides that the
penalty for aggravated battery committed against a
correctional institution employee while the employee is
performing his or her official duties is a Class X felony
rather than a Class 3 felony. Amends the Unified Code of
Corrections. Provides that a prisoner convicted of aggravated
battery committed against a correctional institution employee
shall serve that sentence consecutive to the original
sentence for which the offender has been incarcerated and
shall receive no good conduct credit and all accumulated good
conduct credit of that prisoner shall be revoked. Amends the
County Jail Good Behavior Allowance Act to provide that a
prisoner in a county jail who commits aggravated battery
against a jail employee shall lose good conduct credit.
LRB9011027RCdv
LRB9011027RCdv
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-4 as follows:
6 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
7 Sec. 12-4. Aggravated Battery.
8 (a) A person who, in committing a battery, intentionally
9 or knowingly causes great bodily harm, or permanent
10 disability or disfigurement commits aggravated battery.
11 (b) In committing a battery, a person commits aggravated
12 battery if he or she:
13 (1) Uses a deadly weapon other than by the
14 discharge of a firearm;
15 (2) Is hooded, robed or masked, in such manner as
16 to conceal his identity;
17 (3) Knows the individual harmed to be a teacher or
18 other person employed in any school and such teacher or
19 other employee is upon the grounds of a school or grounds
20 adjacent thereto, or is in any part of a building used
21 for school purposes;
22 (4) Knows the individual harmed to be a supervisor,
23 director, instructor or other person employed in any park
24 district and such supervisor, director, instructor or
25 other employee is upon the grounds of the park or grounds
26 adjacent thereto, or is in any part of a building used
27 for park purposes;
28 (5) Knows the individual harmed to be a caseworker,
29 investigator, or other person employed by the State
30 Department of Public Aid, a County Department of Public
31 Aid, or the Department of Human Services (acting as
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1 successor to the Illinois Department of Public Aid under
2 the Department of Human Services Act) and such
3 caseworker, investigator, or other person is upon the
4 grounds of a public aid office or grounds adjacent
5 thereto, or is in any part of a building used for public
6 aid purposes, or upon the grounds of a home of a public
7 aid applicant, recipient, or any other person being
8 interviewed or investigated in the employee's discharge
9 of his duties, or on grounds adjacent thereto, or is in
10 any part of a building in which the applicant, recipient,
11 or other such person resides or is located;
12 (6) Knows the individual harmed to be a peace
13 officer, a person summoned and directed by a peace
14 officer, a correctional institution employee, or a
15 fireman while such officer, employee or fireman is
16 engaged in the execution of any official duties including
17 arrest or attempted arrest, or to prevent the officer,
18 employee or fireman from performing official duties, or
19 in retaliation for the officer, employee or fireman
20 performing official duties, and the battery is committed
21 other than by the discharge of a firearm;
22 (7) Knows the individual harmed to be an emergency
23 medical technician - ambulance, emergency medical
24 technician - intermediate, emergency medical technician -
25 paramedic, ambulance driver or other medical assistance
26 or first aid personnel engaged in the performance of any
27 of his or her official duties, or to prevent the
28 emergency medical technician - ambulance, emergency
29 medical technician - intermediate, emergency medical
30 technician - paramedic, ambulance driver, or other
31 medical assistance or first aid personnel from performing
32 official duties, or in retaliation for performing
33 official duties;
34 (8) Is, or the person battered is, on or about a
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1 public way, public property or public place of
2 accommodation or amusement;
3 (9) Knows the individual harmed to be the driver,
4 operator, employee or passenger of any transportation
5 facility or system engaged in the business of
6 transportation of the public for hire and the individual
7 assaulted is then performing in such capacity or then
8 using such public transportation as a passenger or using
9 any area of any description designated by the
10 transportation facility or system as a vehicle boarding,
11 departure, or transfer location;
12 (10) Knowingly and without legal justification and
13 by any means causes bodily harm to an individual of 60
14 years of age or older;
15 (11) Knows the individual harmed is pregnant;
16 (12) Knows the individual harmed to be a judge whom
17 the person intended to harm as a result of the judge's
18 performance of his or her official duties as a judge;
19 (13) Knows the individual harmed to be an employee
20 of the Illinois Department of Children and Family
21 Services engaged in the performance of his authorized
22 duties as such employee;
23 (14) Knows the individual harmed to be a person who
24 is physically handicapped; or
25 (15) Knowingly and without legal justification and
26 by any means causes bodily harm to a merchant who detains
27 the person for an alleged commission of retail theft
28 under Section 16A-5 of this Code. In this item (15),
29 "merchant" has the meaning ascribed to it in Section
30 16A-2.4 of this Code.
31 For the purpose of paragraph (14) of subsection (b) of
32 this Section, a physically handicapped person is a person who
33 suffers from a permanent and disabling physical
34 characteristic, resulting from disease, injury, functional
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1 disorder or congenital condition.
2 (c) A person who administers to an individual or causes
3 him to take, without his consent or by threat or deception,
4 and for other than medical purposes, any intoxicating,
5 poisonous, stupefying, narcotic or anesthetic substance
6 commits aggravated battery.
7 (d) A person who knowingly gives to another person any
8 food that contains any substance or object that is intended
9 to cause physical injury if eaten, commits aggravated
10 battery.
11 (e) Sentence.
12 Aggravated battery is a Class 3 felony. Aggravated
13 battery committed against a correctional institution employee
14 while the employee is performing his or her official duties
15 is a Class X felony.
16 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98.)
17 Section 10. The Unified Code of Corrections is amended
18 by changing Sections 3-6-3, 5-4-1, and 5-8-4 as follows:
19 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
20 Sec. 3-6-3. Rules and Regulations for Early Release.
21 (a)(1) The Department of Corrections shall prescribe
22 rules and regulations for the early release on account of
23 good conduct of persons committed to the Department which
24 shall be subject to review by the Prisoner Review Board.
25 (2) The rules and regulations on early release
26 shall provide, with respect to offenses committed on or
27 after the effective date of this amendatory Act of 1995,
28 the following:
29 (i) that a prisoner who is serving a term of
30 imprisonment for first degree murder shall receive
31 no good conduct credit and shall serve the entire
32 sentence imposed by the court;
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1 (ii) that a prisoner serving a sentence for
2 attempt to commit first degree murder, solicitation
3 of murder, solicitation of murder for hire,
4 intentional homicide of an unborn child, predatory
5 criminal sexual assault of a child, aggravated
6 criminal sexual assault, criminal sexual assault,
7 aggravated kidnapping, aggravated battery with a
8 firearm, heinous battery, aggravated battery of a
9 senior citizen, or aggravated battery of a child
10 shall receive no more than 4.5 days of good conduct
11 credit for each month of his or her sentence of
12 imprisonment; and
13 (iii) that a prisoner serving a sentence for
14 home invasion, armed robbery, aggravated vehicular
15 hijacking, aggravated discharge of a firearm, or
16 armed violence with a category I weapon or category
17 II weapon, when the court has made and entered a
18 finding, pursuant to subsection (c-1) of Section
19 5-4-1 of this Code, that the conduct leading to
20 conviction for the enumerated offense resulted in
21 great bodily harm to a victim, shall receive no more
22 than 4.5 days of good conduct credit for each month
23 of his or her sentence of imprisonment.
24 (2.1) For all offenses, other than those enumerated
25 in subdivision (a)(2) committed on or after the effective
26 date of this amendatory Act of 1995 and other than the
27 offense enumerated in subdivision (a) (2.3) committed on
28 or after the effective date of this amendatory Act of
29 1998, the rules and regulations shall provide that a
30 prisoner who is serving a term of imprisonment shall
31 receive one day of good conduct credit for each day of
32 his or her sentence of imprisonment or recommitment under
33 Section 3-3-9. Each day of good conduct credit shall
34 reduce by one day the prisoner's period of imprisonment
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1 or recommitment under Section 3-3-9.
2 (2.2) A prisoner serving a term of natural life
3 imprisonment or a prisoner who has been sentenced to
4 death shall receive no good conduct credit.
5 (2.3) On or after the effective date of this
6 amendatory Act of 1998, a prisoner who is convicted of
7 aggravated battery committed against a correctional
8 institution employee shall receive no good conduct credit
9 and all accumulated good conduct credit of that prisoner
10 shall be revoked by the Department.
11 (3) The rules and regulations shall also provide
12 that the Director may award up to 180 days additional
13 good conduct credit for meritorious service in specific
14 instances as the Director deems proper; except that no
15 more than 90 days of good conduct credit for meritorious
16 service shall be awarded to any prisoner who is serving a
17 sentence for conviction of first degree murder, reckless
18 homicide while under the influence of alcohol or any
19 other drug, aggravated kidnapping, kidnapping, predatory
20 criminal sexual assault of a child, aggravated criminal
21 sexual assault, criminal sexual assault, deviate sexual
22 assault, aggravated criminal sexual abuse, aggravated
23 indecent liberties with a child, indecent liberties with
24 a child, child pornography, heinous battery, aggravated
25 battery of a spouse, aggravated battery of a spouse with
26 a firearm, stalking, aggravated stalking, aggravated
27 battery of a child, endangering the life or health of a
28 child, cruelty to a child, or narcotic racketeering.
29 Notwithstanding the foregoing, good conduct credit for
30 meritorious service shall not be awarded on a sentence of
31 imprisonment imposed for conviction of one of the
32 offenses enumerated in subdivision (a)(2) when the
33 offense is committed on or after the effective date of
34 this amendatory Act of 1995 or for the offense enumerated
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1 in subdivision (a) (2.3) when the offense is committed on
2 or after the effective date of this amendatory Act of
3 1998.
4 (4) The rules and regulations shall also provide
5 that the good conduct credit accumulated and retained
6 under paragraph (2.1) of subsection (a) of this Section
7 by any inmate during specific periods of time in which
8 such inmate is engaged full-time in substance abuse
9 programs, correctional industry assignments, or
10 educational programs provided by the Department under
11 this paragraph (4) and satisfactorily completes the
12 assigned program as determined by the standards of the
13 Department, shall be multiplied by a factor of 1.25 for
14 program participation before the effective date of this
15 amendatory Act of 1993 and 1.50 for program participation
16 on or after that date. However, no inmate shall be
17 eligible for the additional good conduct credit under
18 this paragraph (4) while assigned to a boot camp, mental
19 health unit, or electronic detention, or if convicted of
20 an offense enumerated in paragraph (a)(2) of this Section
21 that is committed on or after the effective date of this
22 amendatory Act of 1995, or first degree murder, a Class X
23 felony, criminal sexual assault, felony criminal sexual
24 abuse, aggravated criminal sexual abuse, aggravated
25 battery with a firearm, or any predecessor or successor
26 offenses with the same or substantially the same
27 elements, or any inchoate offenses relating to the
28 foregoing offenses. No inmate shall be eligible for the
29 additional good conduct credit under this paragraph (4)
30 who (i) has previously received increased good conduct
31 credit under this paragraph (4) and has subsequently been
32 convicted of a felony, or (ii) has previously served more
33 than one prior sentence of imprisonment for a felony in
34 an adult correctional facility.
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1 Educational, vocational, substance abuse and
2 correctional industry programs under which good conduct
3 credit may be increased under this paragraph (4) shall be
4 evaluated by the Department on the basis of documented
5 standards. The Department shall report the results of
6 these evaluations to the Governor and the General
7 Assembly by September 30th of each year. The reports
8 shall include data relating to the recidivism rate among
9 program participants.
10 Availability of these programs shall be subject to
11 the limits of fiscal resources appropriated by the
12 General Assembly for these purposes. Eligible inmates
13 who are denied immediate admission shall be placed on a
14 waiting list under criteria established by the
15 Department. The inability of any inmate to become engaged
16 in any such programs by reason of insufficient program
17 resources or for any other reason established under the
18 rules and regulations of the Department shall not be
19 deemed a cause of action under which the Department or
20 any employee or agent of the Department shall be liable
21 for damages to the inmate.
22 (5) Whenever the Department is to release any
23 inmate earlier than it otherwise would because of a grant
24 of good conduct credit for meritorious service given at
25 any time during the term, the Department shall give
26 reasonable advance notice of the impending release to the
27 State's Attorney of the county where the prosecution of
28 the inmate took place.
29 (b) Whenever a person is or has been committed under
30 several convictions, with separate sentences, the sentences
31 shall be construed under Section 5-8-4 in granting and
32 forfeiting of good time.
33 (c) The Department shall prescribe rules and regulations
34 for revoking good conduct credit, or suspending or reducing
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1 the rate of accumulation of good conduct credit for specific
2 rule violations, during imprisonment. These rules and
3 regulations shall provide that no inmate may be penalized
4 more than one year of good conduct credit for any one
5 infraction.
6 When the Department seeks to revoke, suspend or reduce
7 the rate of accumulation of any good conduct credits for an
8 alleged infraction of its rules, it shall bring charges
9 therefor against the prisoner sought to be so deprived of
10 good conduct credits before the Prisoner Review Board as
11 provided in subparagraph (a)(4) of Section 3-3-2 of this
12 Code, if the amount of credit at issue exceeds 30 days or
13 when during any 12 month period, the cumulative amount of
14 credit revoked exceeds 30 days except where the infraction is
15 committed or discovered within 60 days of scheduled release.
16 In those cases, the Department of Corrections may revoke up
17 to 30 days of good conduct credit. The Board may subsequently
18 approve the revocation of additional good conduct credit, if
19 the Department seeks to revoke good conduct credit in excess
20 of 30 days. However, the Board shall not be empowered to
21 review the Department's decision with respect to the loss of
22 30 days of good conduct credit within any calendar year for
23 any prisoner or to increase any penalty beyond the length
24 requested by the Department.
25 The Director of the Department of Corrections, in
26 appropriate cases, may restore up to 30 days good conduct
27 credits which have been revoked, suspended or reduced. Any
28 restoration of good conduct credits in excess of 30 days
29 shall be subject to review by the Prisoner Review Board.
30 However, the Board may not restore good conduct credit in
31 excess of the amount requested by the Director.
32 Nothing contained in this Section shall prohibit the
33 Prisoner Review Board from ordering, pursuant to Section
34 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
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1 the sentence imposed by the court that was not served due to
2 the accumulation of good conduct credit.
3 (d) If a lawsuit is filed by a prisoner in an Illinois
4 or federal court against the State, the Department of
5 Corrections, or the Prisoner Review Board, or against any of
6 their officers or employees, and the court makes a specific
7 finding that a pleading, motion, or other paper filed by the
8 prisoner is frivolous, the Department of Corrections shall
9 conduct a hearing to revoke up to 180 days of good conduct
10 credit by bringing charges against the prisoner sought to be
11 deprived of the good conduct credits before the Prisoner
12 Review Board as provided in subparagraph (a)(8) of Section
13 3-3-2 of this Code. If the prisoner has not accumulated 180
14 days of good conduct credit at the time of the finding, then
15 the Prisoner Review Board may revoke all good conduct credit
16 accumulated by the prisoner.
17 For purposes of this subsection (d):
18 (1) "Frivolous" means that a pleading, motion, or
19 other filing which purports to be a legal document filed
20 by a prisoner in his or her lawsuit meets any or all of
21 the following criteria:
22 (A) it lacks an arguable basis either in law
23 or in fact;
24 (B) it is being presented for any improper
25 purpose, such as to harass or to cause unnecessary
26 delay or needless increase in the cost of
27 litigation;
28 (C) the claims, defenses, and other legal
29 contentions therein are not warranted by existing
30 law or by a nonfrivolous argument for the extension,
31 modification, or reversal of existing law or the
32 establishment of new law;
33 (D) the allegations and other factual
34 contentions do not have evidentiary support or, if
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1 specifically so identified, are not likely to have
2 evidentiary support after a reasonable opportunity
3 for further investigation or discovery; or
4 (E) the denials of factual contentions are not
5 warranted on the evidence, or if specifically so
6 identified, are not reasonably based on a lack of
7 information or belief.
8 (2) "Lawsuit" means a petition for post conviction
9 relief under Article 122 of the Code of Criminal
10 Procedure of 1963, a motion pursuant to Section 116-3 of
11 the Code of Criminal Procedure of 1963, a habeas corpus
12 action under Article X of the Code of Civil Procedure or
13 under federal law (28 U.S.C. 2254), a petition for claim
14 under the Court of Claims Act or an action under the
15 federal Civil Rights Act (42 U.S.C. 1983).
16 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
17 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
18 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
19 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
20 Sec. 5-4-1. Sentencing Hearing.
21 (a) Except when the death penalty is sought under
22 hearing procedures otherwise specified, after a determination
23 of guilt, a hearing shall be held to impose the sentence.
24 However, prior to the imposition of sentence on an individual
25 being sentenced for an offense based upon a charge for a
26 violation of Section 11-501 of the Illinois Vehicle Code or a
27 similar provision of a local ordinance, the individual must
28 undergo a professional evaluation to determine if an alcohol
29 or other drug abuse problem exists and the extent of such a
30 problem. Programs conducting these evaluations shall be
31 licensed by the Department of Human Services. However, if
32 the individual is not a resident of Illinois, the court may,
33 in its discretion, accept an evaluation from a program in the
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1 state of such individual's residence. The court may in its
2 sentencing order approve an eligible defendant for placement
3 in a Department of Corrections impact incarceration program
4 as provided in Section 5-8-1.1. At the hearing the court
5 shall:
6 (1) consider the evidence, if any, received upon
7 the trial;
8 (2) consider any presentence reports;
9 (3) consider the financial impact of incarceration
10 based on the financial impact statement filed with the
11 clerk of the court by the Department of Corrections;
12 (4) consider evidence and information offered by
13 the parties in aggravation and mitigation;
14 (5) hear arguments as to sentencing alternatives;
15 (6) afford the defendant the opportunity to make a
16 statement in his own behalf;
17 (7) afford the victim of a violent crime or a
18 violation of Section 11-501 of the Illinois Vehicle Code,
19 or a similar provision of a local ordinance, committed by
20 the defendant the opportunity to make a statement
21 concerning the impact on the victim and to offer evidence
22 in aggravation or mitigation; provided that the statement
23 and evidence offered in aggravation or mitigation must
24 first be prepared in writing in conjunction with the
25 State's Attorney before it may be presented orally at the
26 hearing. Any sworn testimony offered by the victim is
27 subject to the defendant's right to cross-examine. All
28 statements and evidence offered under this paragraph (7)
29 shall become part of the record of the court; and
30 (8) in cases of reckless homicide afford the
31 victim's spouse, guardians, parents or other immediate
32 family members an opportunity to make oral statements.
33 (b) All sentences shall be imposed by the judge based
34 upon his independent assessment of the elements specified
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1 above and any agreement as to sentence reached by the
2 parties. The judge who presided at the trial or the judge
3 who accepted the plea of guilty shall impose the sentence
4 unless he is no longer sitting as a judge in that court.
5 Where the judge does not impose sentence at the same time on
6 all defendants who are convicted as a result of being
7 involved in the same offense, the defendant or the State's
8 attorney may advise the sentencing court of the disposition
9 of any other defendants who have been sentenced.
10 (c) In imposing a sentence for a violent crime or for an
11 offense of operating or being in physical control of a
12 vehicle while under the influence of alcohol, any other drug
13 or any combination thereof, or a similar provision of a local
14 ordinance, when such offense resulted in the personal injury
15 to someone other than the defendant, the trial judge shall
16 specify on the record the particular evidence, information,
17 factors in mitigation and aggravation or other reasons that
18 led to his sentencing determination. The full verbatim record
19 of the sentencing hearing shall be filed with the clerk of
20 the court and shall be a public record.
21 (c-1) In imposing a sentence for the offense of
22 aggravated kidnapping for ransom, home invasion, armed
23 robbery, aggravated vehicular hijacking, aggravated discharge
24 of a firearm, or armed violence with a category I weapon or
25 category II weapon, the trial judge shall make a finding as
26 to whether the conduct leading to conviction for the offense
27 resulted in great bodily harm to a victim, and shall enter
28 that finding and the basis for that finding in the record.
29 (c-2) If the defendant is sentenced to prison, other
30 than when a sentence of natural life imprisonment or a
31 sentence of death is imposed, at the time the sentence is
32 imposed the judge shall state on the record in open court the
33 approximate period of time the defendant will serve in
34 custody according to the then current statutory rules and
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1 regulations for early release found in Section 3-6-3 and
2 other related provisions of this Code. This statement is
3 intended solely to inform the public, has no legal effect on
4 the defendant's actual release, and may not be relied on by
5 the defendant on appeal.
6 The judge's statement, to be given after pronouncing the
7 sentence, other than when the sentence is imposed for one of
8 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
9 shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 180 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply
21 with the institutional regulations, does not receive those
22 credits, the actual time served in prison will be longer.
23 The defendant may also receive an additional one-half day
24 good conduct credit for each day of participation in
25 vocational, industry, substance abuse, and educational
26 programs as provided for by Illinois statute."
27 When the sentence is imposed for one of the offenses
28 enumerated in paragraph (a)(3) of Section 3-6-3, other than
29 when the sentence is imposed for one of the offenses
30 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
31 or after the effective date of this amendatory Act of 1995
32 and other than when the sentence is imposed for the offense
33 enumerated in paragraph (a) (2.3) of Section 3-6-3 committed
34 on or after the effective date of this amendatory Act of
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1 1998, the judge's statement, to be given after pronouncing
2 the sentence, shall include the following:
3 "The purpose of this statement is to inform the public of
4 the actual period of time this defendant is likely to spend
5 in prison as a result of this sentence. The actual period of
6 prison time served is determined by the statutes of Illinois
7 as applied to this sentence by the Illinois Department of
8 Corrections and the Illinois Prisoner Review Board. In this
9 case, assuming the defendant receives all of his or her good
10 conduct credit, the period of estimated actual custody is ...
11 years and ... months, less up to 90 days additional good
12 conduct credit for meritorious service. If the defendant,
13 because of his or her own misconduct or failure to comply
14 with the institutional regulations, does not receive those
15 credits, the actual time served in prison will be longer.
16 The defendant may also receive an additional one-half day
17 good conduct credit for each day of participation in
18 vocational, industry, substance abuse, and educational
19 programs as provided for by Illinois statute."
20 When the sentence is imposed for one of the offenses
21 enumerated in paragraph (a)(2) of Section 3-6-3, other than
22 first degree murder, and the offense was committed on or
23 after the effective date of this amendatory Act of 1995, the
24 judge's statement, to be given after pronouncing the
25 sentence, shall include the following:
26 "The purpose of this statement is to inform the public of
27 the actual period of time this defendant is likely to spend
28 in prison as a result of this sentence. The actual period of
29 prison time served is determined by the statutes of Illinois
30 as applied to this sentence by the Illinois Department of
31 Corrections and the Illinois Prisoner Review Board. In this
32 case, the defendant is entitled to no more than 4 1/2 days of
33 good conduct credit for each month of his or her sentence of
34 imprisonment. Therefore, this defendant will serve at least
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1 85% of his or her sentence. Assuming the defendant receives
2 4 1/2 days credit for each month of his or her sentence, the
3 period of estimated actual custody is ... years and ...
4 months. If the defendant, because of his or her own
5 misconduct or failure to comply with the institutional
6 regulations receives lesser credit, the actual time served in
7 prison will be longer."
8 When a sentence of imprisonment is imposed for first
9 degree murder and the offense was committed on or after the
10 effective date of this amendatory Act of 1995 or when the
11 sentence is imposed for aggravated battery committed against
12 a correctional institution employee while the employee was
13 performing his or her official duties and the offense was
14 committed on or after the effective date of this amendatory
15 Act of 1998, the judge's statement, to be given after
16 pronouncing the sentence, shall include the following:
17 "The purpose of this statement is to inform the public of
18 the actual period of time this defendant is likely to spend
19 in prison as a result of this sentence. The actual period of
20 prison time served is determined by the statutes of Illinois
21 as applied to this sentence by the Illinois Department of
22 Corrections and the Illinois Prisoner Review Board. In this
23 case, the defendant is not entitled to good conduct credit.
24 Therefore, this defendant will serve 100% of his or her
25 sentence."
26 (d) When the defendant is committed to the Department of
27 Corrections, the State's Attorney shall and counsel for the
28 defendant may file a statement with the clerk of the court to
29 be transmitted to the department, agency or institution to
30 which the defendant is committed to furnish such department,
31 agency or institution with the facts and circumstances of the
32 offense for which the person was committed together with all
33 other factual information accessible to them in regard to the
34 person prior to his commitment relative to his habits,
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1 associates, disposition and reputation and any other facts
2 and circumstances which may aid such department, agency or
3 institution during its custody of such person. The clerk
4 shall within 10 days after receiving any such statements
5 transmit a copy to such department, agency or institution and
6 a copy to the other party, provided, however, that this shall
7 not be cause for delay in conveying the person to the
8 department, agency or institution to which he has been
9 committed.
10 (e) The clerk of the court shall transmit to the
11 department, agency or institution, if any, to which the
12 defendant is committed, the following:
13 (1) the sentence imposed;
14 (2) any statement by the court of the basis for
15 imposing the sentence;
16 (3) any presentence reports;
17 (4) the number of days, if any, which the defendant
18 has been in custody and for which he is entitled to
19 credit against the sentence, which information shall be
20 provided to the clerk by the sheriff;
21 (4.1) any finding of great bodily harm made by the
22 court with respect to an offense enumerated in subsection
23 (c-1);
24 (5) all statements filed under subsection (d) of
25 this Section;
26 (6) any medical or mental health records or
27 summaries of the defendant;
28 (7) the municipality where the arrest of the
29 offender or the commission of the offense has occurred,
30 where such municipality has a population of more than
31 25,000 persons;
32 (8) all statements made and evidence offered under
33 paragraph (7) of subsection (a) of this Section; and
34 (9) all additional matters which the court directs
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1 the clerk to transmit.
2 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
3 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
4 Sec. 5-8-4. Concurrent and Consecutive Terms of
5 Imprisonment.
6 (a) When multiple sentences of imprisonment are imposed
7 on a defendant at the same time, or when a term of
8 imprisonment is imposed on a defendant who is already subject
9 to sentence in this State or in another state, or for a
10 sentence imposed by any district court of the United States,
11 the sentences shall run concurrently or consecutively as
12 determined by the court. When a term of imprisonment is
13 imposed on a defendant by an Illinois circuit court and the
14 defendant is subsequently sentenced to a term of imprisonment
15 by another state or by a district court of the United States,
16 the Illinois circuit court which imposed the sentence may
17 order that the Illinois sentence be made concurrent with the
18 sentence imposed by the other state or district court of the
19 United States. The defendant must apply to the circuit court
20 within 30 days after the defendant's sentence imposed by the
21 other state or district of the United States is finalized.
22 The court shall not impose consecutive sentences for offenses
23 which were committed as part of a single course of conduct
24 during which there was no substantial change in the nature of
25 the criminal objective, unless, one of the offenses for which
26 defendant was convicted was a Class X or Class 1 felony and
27 the defendant inflicted severe bodily injury, or where the
28 defendant was convicted of a violation of Section 12-13,
29 12-14, or 12-14.1 of the Criminal Code of 1961, in which
30 event the court shall enter sentences to run consecutively.
31 Sentences shall run concurrently unless otherwise specified
32 by the court.
33 (b) The court shall not impose a consecutive sentence
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1 except as provided for in subsection (a) unless, having
2 regard to the nature and circumstances of the offense and the
3 history and character of the defendant, it is of the opinion
4 that such a term is required to protect the public from
5 further criminal conduct by the defendant, the basis for
6 which the court shall set forth in the record; except that no
7 such finding or opinion is required when multiple sentences
8 of imprisonment are imposed on a defendant for offenses that
9 were not committed as part of a single course of conduct
10 during which there was no substantial change in the nature of
11 the criminal objective, and one of the offenses for which the
12 defendant was convicted was a Class X or Class 1 felony and
13 the defendant inflicted severe bodily injury, or when the
14 defendant was convicted of a violation of Section 12-13,
15 12-14, or 12-14.1 of the Criminal Code of 1961, in which
16 event the Court shall enter sentences to run consecutively.
17 (c) (1) For sentences imposed under law in effect prior
18 to February 1, 1978 the aggregate maximum of consecutive
19 sentences shall not exceed the maximum term authorized
20 under Section 5-8-1 for the 2 most serious felonies
21 involved. The aggregate minimum period of consecutive
22 sentences shall not exceed the highest minimum term
23 authorized under Section 5-8-1 for the 2 most serious
24 felonies involved. When sentenced only for misdemeanors,
25 a defendant shall not be consecutively sentenced to more
26 than the maximum for one Class A misdemeanor.
27 (2) For sentences imposed under the law in effect
28 on or after February 1, 1978, the aggregate of
29 consecutive sentences for offenses that were committed as
30 part of a single course of conduct during which there was
31 no substantial change in the nature of the criminal
32 objective shall not exceed the sum of the maximum terms
33 authorized under Section 5-8-2 for the 2 most serious
34 felonies involved, but no such limitation shall apply for
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1 offenses that were not committed as part of a single
2 course of conduct during which there was no substantial
3 change in the nature of the criminal objective. When
4 sentenced only for misdemeanors, a defendant shall not be
5 consecutively sentenced to more than the maximum for one
6 Class A misdemeanor.
7 (d) An offender serving a sentence for a misdemeanor who
8 is convicted of a felony and sentenced to imprisonment shall
9 be transferred to the Department of Corrections, and the
10 misdemeanor sentence shall be merged in and run concurrently
11 with the felony sentence.
12 (e) In determining the manner in which consecutive
13 sentences of imprisonment, one or more of which is for a
14 felony, will be served, the Department of Corrections shall
15 treat the offender as though he had been committed for a
16 single term with the following incidents:
17 (1) the maximum period of a term of imprisonment
18 shall consist of the aggregate of the maximums of the
19 imposed indeterminate terms, if any, plus the aggregate
20 of the imposed determinate sentences for felonies plus
21 the aggregate of the imposed determinate sentences for
22 misdemeanors subject to paragraph (c) of this Section;
23 (2) the parole or mandatory supervised release term
24 shall be as provided in paragraph (e) of Section 5-8-1 of
25 this Code for the most serious of the offenses involved;
26 (3) the minimum period of imprisonment shall be the
27 aggregate of the minimum and determinate periods of
28 imprisonment imposed by the court, subject to paragraph
29 (c) of this Section; and
30 (4) the offender shall be awarded credit against
31 the aggregate maximum term and the aggregate minimum term
32 of imprisonment for all time served in an institution
33 since the commission of the offense or offenses and as a
34 consequence thereof at the rate specified in Section
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1 3-6-3 of this Code.
2 (f) A sentence of an offender committed to the
3 Department of Corrections at the time of the commission of
4 the offense shall be served consecutive to the sentence under
5 which he is held by the Department of Corrections. However,
6 in case such offender shall be sentenced to punishment by
7 death, the sentence shall be executed at such time as the
8 court may fix without regard to the sentence under which such
9 offender may be held by the Department.
10 (g) A sentence under Section 3-6-4 for escape or
11 attempted escape shall be served consecutive to the terms
12 under which the offender is held by the Department of
13 Corrections.
14 (h) If a person charged with a felony commits a separate
15 felony while on pre-trial release or in pretrial detention in
16 a county jail facility or county detention facility, the
17 sentences imposed upon conviction of these felonies shall be
18 served consecutively regardless of the order in which the
19 judgments of conviction are entered.
20 (i) If a person admitted to bail following conviction of
21 a felony commits a separate felony while free on bond or if a
22 person detained in a county jail facility or county detention
23 facility following conviction of a felony commits a separate
24 felony while in detention, any sentence following conviction
25 of the separate felony shall be consecutive to that of the
26 original sentence for which the defendant was on bond or
27 detained.
28 (j) A sentence for aggravated battery committed against
29 a correctional institution employee on or after the effective
30 date of this amendatory Act of 1998 shall be served
31 consecutive to the original sentence for which the offender
32 has been incarcerated in a correctional institution.
33 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
34 90-128, eff. 7-22-97.)
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1 Section 15. The County Jail Good Behavior Allowance Act
2 is amended by changing Section 3.1 as follows:
3 (730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
4 Sec. 3.1. (a) Within 3 months after the effective date
5 of this amendatory Act of 1986, the wardens who supervise
6 institutions under this Act shall meet and agree upon uniform
7 rules and regulations for behavior and conduct, penalties,
8 and the awarding, denying and revocation of good behavior
9 allowance, in such institutions; and such rules and
10 regulations shall be immediately promulgated and consistent
11 with the provisions of this Act. Interim rules shall be
12 provided by each warden consistent with the provision of this
13 Act and shall be effective until the promulgation of uniform
14 rules. All disciplinary action shall be consistent with the
15 provisions of this Act. Committed persons shall be informed
16 of rules of behavior and conduct, the penalties for violation
17 thereof, and the disciplinary procedure by which such
18 penalties may be imposed. Any rules, penalties and
19 procedures shall be posted and made available to the
20 committed persons.
21 (b) Whenever a person is alleged to have violated a rule
22 of behavior, a written report of the infraction shall be
23 filed with the warden within 72 hours of the occurrence of
24 the infraction or the discovery of it, and such report shall
25 be placed in the file of the institution or facility. No
26 disciplinary proceeding shall be commenced more than 8 days
27 after the infraction or the discovery of it, unless the
28 committed person is unable or unavailable for any reason to
29 participate in the disciplinary proceeding.
30 (c) All or any of the good behavior allowance earned may
31 be revoked by the warden, unless he initiates the charge, and
32 in that case by the disciplinary board, for violations of
33 rules of behavior at any time prior to discharge from the
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1 institution, consistent with the provisions of this Act.
2 (d) In disciplinary cases that may involve the loss of
3 good behavior allowance or eligibility to earn good behavior
4 allowance, the warden shall establish disciplinary procedures
5 consistent with the following principles:
6 (1) The warden may establish one or more disciplinary
7 boards, made up of one or more persons, to hear and determine
8 charges. Any person who initiates a disciplinary charge
9 against a committed person shall not serve on the
10 disciplinary board that will determine the disposition of the
11 charge. In those cases in which the charge was initiated by
12 the warden, he shall establish a disciplinary board which
13 will have the authority to impose any appropriate discipline.
14 (2) Any committed person charged with a violation of
15 rules of behavior shall be given notice of the charge,
16 including a statement of the misconduct alleged and of the
17 rules this conduct is alleged to violate, no less than 24
18 hours before the disciplinary hearing.
19 (3) Any committed person charged with a violation of
20 rules is entitled to a hearing on that charge, at which time
21 he shall have an opportunity to appear before and address the
22 warden or disciplinary board deciding the charge.
23 (4) The person or persons determining the disposition of
24 the charge may also summon to testify any witnesses or other
25 persons with relevant knowledge of the incident. The person
26 charged may be permitted to question any person so summoned.
27 (5) If the charge is sustained, the person charged is
28 entitled to a written statement, within 14 days after the
29 hearing, of the decision by the warden or the disciplinary
30 board which determined the disposition of the charge, and the
31 statement shall include the basis for the decision and the
32 disciplinary action, if any, to be imposed.
33 (6) The warden may impose the discipline recommended by
34 the disciplinary board, or may reduce the discipline
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1 recommended; however, no committed person may be penalized
2 more than 30 days of good behavior allowance for any one
3 infraction.
4 (7) The warden, in appropriate cases, may restore good
5 behavior allowance that has been revoked, suspended or
6 reduced.
7 (e) The warden or disciplinary board shall revoke all
8 accumulated good conduct credit of a committed person who is
9 convicted of aggravated battery committed against a
10 correctional institution employee on or after the effective
11 date of this amendatory Act of 1998 and shall not award any
12 additional good conduct credit to that person.
13 (Source: P.A. 84-1411.)