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90_SB1260ham001
LRB9007937RCksam
1 AMENDMENT TO SENATE BILL 1260
2 AMENDMENT NO. . Amend Senate Bill 1260, on page 1,
3 by replacing lines 1 and 2 with the following:
4 "AN ACT in relation to criminal law."; and
5 on page 2, by inserting after line 2 the following:
6 "Section 10. Sections 3-6-3, 3-6-3.1, and 5-4-1 of the
7 Unified Code of Corrections are amended as follows:
8 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
9 Sec. 3-6-3. Rules and Regulations for Early Release.
10 (a)(1) The Department of Corrections shall
11 prescribe rules and regulations for the early release on
12 account of good conduct of persons committed to the
13 Department which shall be subject to review by the
14 Prisoner Review Board.
15 (2) The rules and regulations on early release
16 shall provide, with respect to offenses committed on or
17 after the effective date of this amendatory Act of 1998,
18 the following:
19 (i) that a prisoner who is serving a term of
20 imprisonment for first degree murder shall receive
21 no good conduct credit and shall serve the entire
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1 sentence imposed by the court;
2 (ii) that a prisoner serving a sentence for
3 attempt to commit first degree murder, solicitation
4 of murder, solicitation of murder for hire,
5 intentional homicide of an unborn child, predatory
6 criminal sexual assault of a child, aggravated
7 criminal sexual assault, criminal sexual assault,
8 aggravated kidnapping, aggravated battery with a
9 firearm, heinous battery, aggravated battery of a
10 senior citizen, aggravated battery of a child, armed
11 robbery, home invasion, aggravated discharge of a
12 firearm under paragraph (3), (4), (5), or (6) of
13 subsection (a) of Section 24-1.2 of the Criminal
14 Code of 1961, aggravated vehicular hijacking, drug
15 induced homicide, a second or subsequent conviction
16 for ritualized abuse of a child, a second or
17 subsequent conviction for the offense of hate crime
18 under clause (L) of paragraph (2) of subsection (c)
19 of Section 5-5-3, a forcible felony if the offense
20 was related to the activities of an organized gang,
21 vehicular hijacking, exploitation of a child,
22 aggravated robbery or robbery if the prisoner has
23 been previously convicted of a Class 2 or greater
24 felony within 10 years of the date on which he or
25 she committed the offense for which he or she is
26 serving a sentence, aggravated arson, unlawful use
27 of weapons under paragraph (7)(i) of subsection (a)
28 of Section 24-1 of the Criminal Code of 1961 if the
29 prisoner was convicted of carrying a loaded machine
30 gun on his or her person or in a vehicle, unlawful
31 discharge of metal piercing bullets under subsection
32 (b) of Section 24-3.2 of the Criminal Code of 1961,
33 or female genital mutilation, shall receive no more
34 than 4.5 days of good conduct credit for each month
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1 of his or her sentence of imprisonment; and
2 (iii) that a prisoner serving a sentence for
3 armed violence with a category I weapon or category
4 II weapon, when the court has made and entered a
5 finding, pursuant to subsection (c-1) of Section
6 5-4-1 of this Code, that the conduct leading to
7 conviction for the enumerated offense resulted in
8 great bodily harm to a victim, shall receive no more
9 than 4.5 days of good conduct credit for each month
10 of his or her sentence of imprisonment.
11 (2.1) For all offenses, other than those enumerated
12 in subdivision (a)(2) committed on or after the effective
13 date of this amendatory Act of 1998, the rules and
14 regulations shall provide that a prisoner who is serving
15 a term of imprisonment shall receive one day of good
16 conduct credit for each day of his or her sentence of
17 imprisonment or recommitment under Section 3-3-9. Each
18 day of good conduct credit shall reduce by one day the
19 prisoner's period of imprisonment or recommitment under
20 Section 3-3-9.
21 (2.2) A prisoner serving a term of natural life
22 imprisonment or a prisoner who has been sentenced to
23 death shall receive no good conduct credit.
24 (3) The rules and regulations shall also provide
25 that the Director may award up to 180 days additional
26 good conduct credit for meritorious service in specific
27 instances as the Director deems proper; except that no
28 more than 90 days of good conduct credit for meritorious
29 service shall be awarded to any prisoner who is serving a
30 sentence for conviction of first degree murder, reckless
31 homicide while under the influence of alcohol or any
32 other drug, aggravated kidnapping, kidnapping, predatory
33 criminal sexual assault of a child, aggravated criminal
34 sexual assault, criminal sexual assault, deviate sexual
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1 assault, aggravated criminal sexual abuse, aggravated
2 indecent liberties with a child, indecent liberties with
3 a child, child pornography, heinous battery, aggravated
4 battery of a spouse, aggravated battery of a spouse with
5 a firearm, stalking, aggravated stalking, aggravated
6 battery of a child, endangering the life or health of a
7 child, cruelty to a child, or narcotic racketeering.
8 Notwithstanding the foregoing, good conduct credit for
9 meritorious service shall not be awarded on a sentence of
10 imprisonment imposed for conviction of one of the
11 offenses enumerated in subdivision (a)(2) when the
12 offense is committed on or after the effective date of
13 this amendatory Act of 1998.
14 (4) The rules and regulations shall also provide
15 that the good conduct credit accumulated and retained
16 under paragraph (2.1) of subsection (a) of this Section
17 by any inmate during specific periods of time in which
18 such inmate is engaged full-time in substance abuse
19 programs, correctional industry assignments, or
20 educational programs provided by the Department under
21 this paragraph (4) and satisfactorily completes the
22 assigned program as determined by the standards of the
23 Department, shall be multiplied by a factor of 1.25 for
24 program participation before August 11, 1993 and 1.50 for
25 program participation on or after that date. However, no
26 inmate shall be eligible for the additional good conduct
27 credit under this paragraph (4) while assigned to a boot
28 camp, mental health unit, or electronic detention, or if
29 convicted of an offense enumerated in paragraph (a)(2) of
30 this Section that is committed on or after the effective
31 date of this amendatory Act of 1998, or first degree
32 murder, a Class X felony, criminal sexual assault, felony
33 criminal sexual abuse, aggravated criminal sexual abuse,
34 aggravated battery with a firearm, or any predecessor or
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1 successor offenses with the same or substantially the
2 same elements, or any inchoate offenses relating to the
3 foregoing offenses. No inmate shall be eligible for the
4 additional good conduct credit under this paragraph (4)
5 who (i) has previously received increased good conduct
6 credit under this paragraph (4) and has subsequently been
7 convicted of a felony, or (ii) has previously served more
8 than one prior sentence of imprisonment for a felony in
9 an adult correctional facility.
10 Educational, vocational, substance abuse and
11 correctional industry programs under which good conduct
12 credit may be increased under this paragraph (4) shall be
13 evaluated by the Department on the basis of documented
14 standards. The Department shall report the results of
15 these evaluations to the Governor and the General
16 Assembly by September 30th of each year. The reports
17 shall include data relating to the recidivism rate among
18 program participants.
19 Availability of these programs shall be subject to
20 the limits of fiscal resources appropriated by the
21 General Assembly for these purposes. Eligible inmates
22 who are denied immediate admission shall be placed on a
23 waiting list under criteria established by the
24 Department. The inability of any inmate to become engaged
25 in any such programs by reason of insufficient program
26 resources or for any other reason established under the
27 rules and regulations of the Department shall not be
28 deemed a cause of action under which the Department or
29 any employee or agent of the Department shall be liable
30 for damages to the inmate.
31 (5) Whenever the Department is to release any
32 inmate earlier than it otherwise would because of a grant
33 of good conduct credit for meritorious service given at
34 any time during the term, the Department shall give
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1 reasonable advance notice of the impending release to the
2 State's Attorney of the county where the prosecution of
3 the inmate took place.
4 (b) Whenever a person is or has been committed under
5 several convictions, with separate sentences, the sentences
6 shall be construed under Section 5-8-4 in granting and
7 forfeiting of good time.
8 (c) The Department shall prescribe rules and regulations
9 for revoking good conduct credit, or suspending or reducing
10 the rate of accumulation of good conduct credit for specific
11 rule violations, during imprisonment. These rules and
12 regulations shall provide that no inmate may be penalized
13 more than one year of good conduct credit for any one
14 infraction.
15 When the Department seeks to revoke, suspend or reduce
16 the rate of accumulation of any good conduct credits for an
17 alleged infraction of its rules, it shall bring charges
18 therefor against the prisoner sought to be so deprived of
19 good conduct credits before the Prisoner Review Board as
20 provided in subparagraph (a)(4) of Section 3-3-2 of this
21 Code, if the amount of credit at issue exceeds 30 days or
22 when during any 12 month period, the cumulative amount of
23 credit revoked exceeds 30 days except where the infraction is
24 committed or discovered within 60 days of scheduled release.
25 In those cases, the Department of Corrections may revoke up
26 to 30 days of good conduct credit. The Board may subsequently
27 approve the revocation of additional good conduct credit, if
28 the Department seeks to revoke good conduct credit in excess
29 of 30 days. However, the Board shall not be empowered to
30 review the Department's decision with respect to the loss of
31 30 days of good conduct credit within any calendar year for
32 any prisoner or to increase any penalty beyond the length
33 requested by the Department.
34 The Director of the Department of Corrections, in
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1 appropriate cases, may restore up to 30 days good conduct
2 credits which have been revoked, suspended or reduced. Any
3 restoration of good conduct credits in excess of 30 days
4 shall be subject to review by the Prisoner Review Board.
5 However, the Board may not restore good conduct credit in
6 excess of the amount requested by the Director.
7 Nothing contained in this Section shall prohibit the
8 Prisoner Review Board from ordering, pursuant to Section
9 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
10 the sentence imposed by the court that was not served due to
11 the accumulation of good conduct credit.
12 (d) If a lawsuit is filed by a prisoner in an Illinois
13 or federal court against the State, the Department of
14 Corrections, or the Prisoner Review Board, or against any of
15 their officers or employees, and the court makes a specific
16 finding that a pleading, motion, or other paper filed by the
17 prisoner is frivolous, the Department of Corrections shall
18 conduct a hearing to revoke up to 180 days of good conduct
19 credit by bringing charges against the prisoner sought to be
20 deprived of the good conduct credits before the Prisoner
21 Review Board as provided in subparagraph (a)(8) of Section
22 3-3-2 of this Code. If the prisoner has not accumulated 180
23 days of good conduct credit at the time of the finding, then
24 the Prisoner Review Board may revoke all good conduct credit
25 accumulated by the prisoner.
26 For purposes of this subsection (d):
27 (1) "Frivolous" means that a pleading, motion, or
28 other filing which purports to be a legal document filed
29 by a prisoner in his or her lawsuit meets any or all of
30 the following criteria:
31 (A) it lacks an arguable basis either in law
32 or in fact;
33 (B) it is being presented for any improper
34 purpose, such as to harass or to cause unnecessary
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1 delay or needless increase in the cost of
2 litigation;
3 (C) the claims, defenses, and other legal
4 contentions therein are not warranted by existing
5 law or by a nonfrivolous argument for the extension,
6 modification, or reversal of existing law or the
7 establishment of new law;
8 (D) the allegations and other factual
9 contentions do not have evidentiary support or, if
10 specifically so identified, are not likely to have
11 evidentiary support after a reasonable opportunity
12 for further investigation or discovery; or
13 (E) the denials of factual contentions are not
14 warranted on the evidence, or if specifically so
15 identified, are not reasonably based on a lack of
16 information or belief.
17 (2) "Lawsuit" means a petition for post conviction
18 relief under Article 122 of the Code of Criminal
19 Procedure of 1963, a motion pursuant to Section 116-3 of
20 the Code of Criminal Procedure of 1963, a habeas corpus
21 action under Article X of the Code of Civil Procedure or
22 under federal law (28 U.S.C. 2254), a petition for claim
23 under the Court of Claims Act or an action under the
24 federal Civil Rights Act (42 U.S.C. 1983).
25 (e) Nothing in this amendatory Act of 1998 affects the
26 validity of Public Act 89-404. Rules and Regulations for
27 Early Release.
28 (a)(1) The Department of Corrections shall
29 prescribe rules and regulations for the early release on
30 account of good conduct of persons committed to the
31 Department which shall be subject to review by the
32 Prisoner Review Board.
33 (2) The rules and regulations on early release
34 shall provide, with respect to offenses committed on or
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1 after the effective date of this amendatory Act of 1995,
2 the following:
3 (i) that a prisoner who is serving a term of
4 imprisonment for first degree murder shall receive
5 no good conduct credit and shall serve the entire
6 sentence imposed by the court;
7 (ii) that a prisoner serving a sentence for
8 attempt to commit first degree murder, solicitation
9 of murder, solicitation of murder for hire,
10 intentional homicide of an unborn child, predatory
11 criminal sexual assault of a child, aggravated
12 criminal sexual assault, criminal sexual assault,
13 aggravated kidnapping, aggravated battery with a
14 firearm, heinous battery, aggravated battery of a
15 senior citizen, or aggravated battery of a child
16 shall receive no more than 4.5 days of good conduct
17 credit for each month of his or her sentence of
18 imprisonment; and
19 (iii) that a prisoner serving a sentence for
20 home invasion, armed robbery, aggravated vehicular
21 hijacking, aggravated discharge of a firearm, or
22 armed violence with a category I weapon or category
23 II weapon, when the court has made and entered a
24 finding, pursuant to subsection (c-1) of Section
25 5-4-1 of this Code, that the conduct leading to
26 conviction for the enumerated offense resulted in
27 great bodily harm to a victim, shall receive no more
28 than 4.5 days of good conduct credit for each month
29 of his or her sentence of imprisonment.
30 (2.1) For all offenses, other than those enumerated
31 in subdivision (a)(2) committed on or after the effective
32 date of this amendatory Act of 1995, the rules and
33 regulations shall provide that a prisoner who is serving
34 a term of imprisonment shall receive one day of good
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1 conduct credit for each day of his or her sentence of
2 imprisonment or recommitment under Section 3-3-9. Each
3 day of good conduct credit shall reduce by one day the
4 prisoner's period of imprisonment or recommitment under
5 Section 3-3-9.
6 (2.2) A prisoner serving a term of natural life
7 imprisonment or a prisoner who has been sentenced to
8 death shall receive no good conduct credit.
9 (3) The rules and regulations shall also provide
10 that the Director may award up to 180 days additional
11 good conduct credit for meritorious service in specific
12 instances as the Director deems proper; except that no
13 more than 90 days of good conduct credit for meritorious
14 service shall be awarded to any prisoner who is serving a
15 sentence for conviction of first degree murder, reckless
16 homicide while under the influence of alcohol or any
17 other drug, aggravated kidnapping, kidnapping, predatory
18 criminal sexual assault of a child, aggravated criminal
19 sexual assault, criminal sexual assault, deviate sexual
20 assault, aggravated criminal sexual abuse, aggravated
21 indecent liberties with a child, indecent liberties with
22 a child, child pornography, heinous battery, aggravated
23 battery of a spouse, aggravated battery of a spouse with
24 a firearm, stalking, aggravated stalking, aggravated
25 battery of a child, endangering the life or health of a
26 child, cruelty to a child, or narcotic racketeering.
27 Notwithstanding the foregoing, good conduct credit for
28 meritorious service shall not be awarded on a sentence of
29 imprisonment imposed for conviction of one of the
30 offenses enumerated in subdivision (a)(2) when the
31 offense is committed on or after the effective date of
32 this amendatory Act of 1995.
33 (4) The rules and regulations shall also provide
34 that the good conduct credit accumulated and retained
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1 under paragraph (2.1) of subsection (a) of this Section
2 by any inmate during specific periods of time in which
3 such inmate is engaged full-time in substance abuse
4 programs, correctional industry assignments, or
5 educational programs provided by the Department under
6 this paragraph (4) and satisfactorily completes the
7 assigned program as determined by the standards of the
8 Department, shall be multiplied by a factor of 1.25 for
9 program participation before the effective date of this
10 amendatory Act of 1993 and 1.50 for program participation
11 on or after that date. However, no inmate shall be
12 eligible for the additional good conduct credit under
13 this paragraph (4) while assigned to a boot camp, mental
14 health unit, or electronic detention, or if convicted of
15 an offense enumerated in paragraph (a)(2) of this Section
16 that is committed on or after the effective date of this
17 amendatory Act of 1995, or first degree murder, a Class X
18 felony, criminal sexual assault, felony criminal sexual
19 abuse, aggravated criminal sexual abuse, aggravated
20 battery with a firearm, or any predecessor or successor
21 offenses with the same or substantially the same
22 elements, or any inchoate offenses relating to the
23 foregoing offenses. No inmate shall be eligible for the
24 additional good conduct credit under this paragraph (4)
25 who (i) has previously received increased good conduct
26 credit under this paragraph (4) and has subsequently been
27 convicted of a felony, or (ii) has previously served more
28 than one prior sentence of imprisonment for a felony in
29 an adult correctional facility.
30 Educational, vocational, substance abuse and
31 correctional industry programs under which good conduct
32 credit may be increased under this paragraph (4) shall be
33 evaluated by the Department on the basis of documented
34 standards. The Department shall report the results of
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1 these evaluations to the Governor and the General
2 Assembly by September 30th of each year. The reports
3 shall include data relating to the recidivism rate among
4 program participants.
5 Availability of these programs shall be subject to
6 the limits of fiscal resources appropriated by the
7 General Assembly for these purposes. Eligible inmates
8 who are denied immediate admission shall be placed on a
9 waiting list under criteria established by the
10 Department. The inability of any inmate to become engaged
11 in any such programs by reason of insufficient program
12 resources or for any other reason established under the
13 rules and regulations of the Department shall not be
14 deemed a cause of action under which the Department or
15 any employee or agent of the Department shall be liable
16 for damages to the inmate.
17 (5) Whenever the Department is to release any
18 inmate earlier than it otherwise would because of a grant
19 of good conduct credit for meritorious service given at
20 any time during the term, the Department shall give
21 reasonable advance notice of the impending release to the
22 State's Attorney of the county where the prosecution of
23 the inmate took place.
24 (b) Whenever a person is or has been committed under
25 several convictions, with separate sentences, the sentences
26 shall be construed under Section 5-8-4 in granting and
27 forfeiting of good time.
28 (c) The Department shall prescribe rules and regulations
29 for revoking good conduct credit, or suspending or reducing
30 the rate of accumulation of good conduct credit for specific
31 rule violations, during imprisonment. These rules and
32 regulations shall provide that no inmate may be penalized
33 more than one year of good conduct credit for any one
34 infraction.
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1 When the Department seeks to revoke, suspend or reduce
2 the rate of accumulation of any good conduct credits for an
3 alleged infraction of its rules, it shall bring charges
4 therefor against the prisoner sought to be so deprived of
5 good conduct credits before the Prisoner Review Board as
6 provided in subparagraph (a)(4) of Section 3-3-2 of this
7 Code, if the amount of credit at issue exceeds 30 days or
8 when during any 12 month period, the cumulative amount of
9 credit revoked exceeds 30 days except where the infraction is
10 committed or discovered within 60 days of scheduled release.
11 In those cases, the Department of Corrections may revoke up
12 to 30 days of good conduct credit. The Board may subsequently
13 approve the revocation of additional good conduct credit, if
14 the Department seeks to revoke good conduct credit in excess
15 of 30 days. However, the Board shall not be empowered to
16 review the Department's decision with respect to the loss of
17 30 days of good conduct credit within any calendar year for
18 any prisoner or to increase any penalty beyond the length
19 requested by the Department.
20 The Director of the Department of Corrections, in
21 appropriate cases, may restore up to 30 days good conduct
22 credits which have been revoked, suspended or reduced. Any
23 restoration of good conduct credits in excess of 30 days
24 shall be subject to review by the Prisoner Review Board.
25 However, the Board may not restore good conduct credit in
26 excess of the amount requested by the Director.
27 Nothing contained in this Section shall prohibit the
28 Prisoner Review Board from ordering, pursuant to Section
29 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
30 the sentence imposed by the court that was not served due to
31 the accumulation of good conduct credit.
32 (d) If a lawsuit is filed by a prisoner in an Illinois
33 or federal court against the State, the Department of
34 Corrections, or the Prisoner Review Board, or against any of
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1 their officers or employees, and the court makes a specific
2 finding that a pleading, motion, or other paper filed by the
3 prisoner is frivolous, the Department of Corrections shall
4 conduct a hearing to revoke up to 180 days of good conduct
5 credit by bringing charges against the prisoner sought to be
6 deprived of the good conduct credits before the Prisoner
7 Review Board as provided in subparagraph (a)(8) of Section
8 3-3-2 of this Code. If the prisoner has not accumulated 180
9 days of good conduct credit at the time of the finding, then
10 the Prisoner Review Board may revoke all good conduct credit
11 accumulated by the prisoner.
12 For purposes of this subsection (d):
13 (1) "Frivolous" means that a pleading, motion, or
14 other filing which purports to be a legal document filed
15 by a prisoner in his or her lawsuit meets any or all of
16 the following criteria:
17 (A) it lacks an arguable basis either in law
18 or in fact;
19 (B) it is being presented for any improper
20 purpose, such as to harass or to cause unnecessary
21 delay or needless increase in the cost of
22 litigation;
23 (C) the claims, defenses, and other legal
24 contentions therein are not warranted by existing
25 law or by a nonfrivolous argument for the extension,
26 modification, or reversal of existing law or the
27 establishment of new law;
28 (D) the allegations and other factual
29 contentions do not have evidentiary support or, if
30 specifically so identified, are not likely to have
31 evidentiary support after a reasonable opportunity
32 for further investigation or discovery; or
33 (E) the denials of factual contentions are not
34 warranted on the evidence, or if specifically so
-15- LRB9007937RCksam
1 identified, are not reasonably based on a lack of
2 information or belief.
3 (2) "Lawsuit" means a petition for post conviction
4 relief under Article 122 of the Code of Criminal
5 Procedure of 1963, a motion pursuant to Section 116-3 of
6 the Code of Criminal Procedure of 1963, a habeas corpus
7 action under Article X of the Code of Civil Procedure or
8 under federal law (28 U.S.C. 2254), a petition for claim
9 under the Court of Claims Act or an action under the
10 federal Civil Rights Act (42 U.S.C. 1983).
11 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
12 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
13 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
14 (730 ILCS 5/3-6-3.1)
15 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
16 (a) Legislative findings. The General Assembly finds
17 that violent crime continues to be a severe problem in
18 Illinois. Criminals sentenced to prison for violating the
19 laws of Illinois are often released after serving a fraction
20 of their sentence under Illinois' early release statute. The
21 early release of criminals from prison after they are
22 sentenced to longer terms in court misleads the public as
23 well as victims of crime. Many of these criminals return to
24 a life of crime immediately upon their early release from
25 prison, committing violent acts including murder and rape.
26 Public safety, as well as the integrity of the justice
27 system, demands that criminals serve the sentences handed
28 down by the courts, and that a Truth-in-Sentencing Commission
29 be established to effectuate this goal.
30 (b) Truth-in-Sentencing Commission. There is created
31 the Illinois Truth-in-Sentencing Commission, to consist of 13
32 members as follows:
33 (1) Three members appointed by the Governor, one of
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1 whom shall be a member of the faculty of an accredited
2 Illinois law school;
3 (2) The Attorney General or his or her designee;
4 (3) One member appointed by the President of the
5 Senate;
6 (4) One member appointed by the Minority Leader of
7 the Senate;
8 (5) One member appointed by the Speaker of the
9 House of Representatives;
10 (6) One member appointed by the Minority Leader of
11 the House of Representatives;
12 (7) The Director of the Illinois Department of
13 Corrections or his or her designee;
14 (8) The State's Attorney of Cook County or his or
15 her designee;
16 (9) The Executive Director of the Illinois Criminal
17 Justice Information Authority or his or her designee;
18 (10) The President of the Illinois State's
19 Attorneys Association; and
20 (11) The President of the Illinois Association of
21 Chiefs of Police.
22 All appointments shall be filed with the Secretary of
23 State by the appointing authority.
24 (c) Duties of the Commission. This Commission shall:
25 (1) develop and monitor legislation facilitating
26 the implementation of Truth-in-Sentencing laws which
27 require criminals to serve at least 85% of their
28 court-imposed sentences, using any information and
29 recommendations available regarding those laws;
30 (2) review the funding provisions of the Violent
31 Crime Control Act of 1994, and any subsequent federal
32 legislation of a comparable nature, to comment in
33 appropriate federal rulemaking and legislative processes
34 on State law enforcement, correctional, and fiscal
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1 concerns, and, upon the finalization of federal
2 requirements, to determine what is required to obtain
3 maximum federal funding to assist the State in
4 implementing Truth-in-Sentencing laws; and
5 (3) study the possibility of changing sentences in
6 order to more accurately reflect the actual time spent in
7 prison, while preserving the system's ability to punish
8 criminals justly and equitably.
9 (d) Organization. The Commission shall elect a Chair
10 and Vice-Chair from among its members at its first meeting.
11 The members of the Commission shall serve without
12 compensation but shall be reimbursed for reasonable expenses
13 incurred in the course of performing their duties.
14 (e) Intergovernmental cooperation. The Illinois
15 Criminal Justice Information Authority shall assist the
16 Commission with any and all research and drafting necessary
17 to fulfill its duties. The Illinois Department of
18 Corrections shall give any reasonable assistance to the
19 Commission, including making available all pertinent
20 statistical information at the Department's disposal.
21 (f) The Commission shall present a full report and a
22 draft of appropriate Truth-in-Sentencing legislation to the
23 Governor and the General Assembly no later than March 1,
24 1999. Truth-in-Sentencing Commission.
25 (a) Legislative findings. The General Assembly finds
26 that violent crime continues to be a severe problem in
27 Illinois. Criminals sentenced to prison for violating the
28 laws of Illinois are often released after serving a fraction
29 of their sentence under Illinois' early release statute. The
30 early release of criminals from prison after they are
31 sentenced to longer terms in court misleads the public as
32 well as victims of crime. Many of these criminals return to
33 a life of crime immediately upon their early release from
34 prison, committing violent acts including murder and rape.
-18- LRB9007937RCksam
1 Public safety, as well as the integrity of the justice
2 system, demands that criminals serve the sentences handed
3 down by the courts, and that a Truth-in-Sentencing Commission
4 be established to effectuate this goal.
5 (b) Truth-in-Sentencing Commission. There is created
6 the Illinois Truth-in-Sentencing Commission, to consist of 13
7 members as follows:
8 (1) Three members appointed by the Governor, one of
9 whom shall be a member of the faculty of an accredited
10 Illinois law school;
11 (2) The Attorney General or his or her designee;
12 (3) One member appointed by the President of the
13 Senate;
14 (4) One member appointed by the Minority Leader of
15 the Senate;
16 (5) One member appointed by the Speaker of the
17 House of Representatives;
18 (6) One member appointed by the Minority Leader of
19 the House of Representatives;
20 (7) The Director of the Illinois Department of
21 Corrections or his or her designee;
22 (8) The State's Attorney of Cook County or his or
23 her designee;
24 (9) The Executive Director of the Illinois Criminal
25 Justice Information Authority or his or her designee;
26 (10) The President of the Illinois State's
27 Attorneys Association; and
28 (11) The President of the Illinois Association of
29 Chiefs of Police.
30 All appointments shall be filed with the Secretary of
31 State by the appointing authority.
32 (c) Duties of the Commission. This Commission shall:
33 (1) develop and monitor legislation facilitating
34 the implementation of Truth-in-Sentencing laws which
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1 require criminals to serve at least 85% of their
2 court-imposed sentences, using any information and
3 recommendations available regarding those laws;
4 (2) review the funding provisions of the Violent
5 Crime Control Act of 1994, and any subsequent federal
6 legislation of a comparable nature, to comment in
7 appropriate federal rulemaking and legislative processes
8 on State law enforcement, correctional, and fiscal
9 concerns, and, upon the finalization of federal
10 requirements, to determine what is required to obtain
11 maximum federal funding to assist the State in
12 implementing Truth-in-Sentencing laws; and
13 (3) study the possibility of changing sentences in
14 order to more accurately reflect the actual time spent in
15 prison, while preserving the system's ability to punish
16 criminals justly and equitably.
17 (d) Organization. The Commission shall elect a Chair
18 and Vice-Chair from among its members at its first meeting.
19 The members of the Commission shall serve without
20 compensation but shall be reimbursed for reasonable expenses
21 incurred in the course of performing their duties.
22 (e) Intergovernmental cooperation. The Illinois
23 Criminal Justice Information Authority shall assist the
24 Commission with any and all research and drafting necessary
25 to fulfill its duties. The Illinois Department of
26 Corrections shall give any reasonable assistance to the
27 Commission, including making available all pertinent
28 statistical information at the Department's disposal.
29 (f) The Commission shall present a full report and a
30 draft of appropriate Truth-in-Sentencing legislation to the
31 Governor and the General Assembly no later than March 1,
32 1997.
33 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
34 89-689, eff. 12-31-96.)
-20- LRB9007937RCksam
1 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
2 Sec. 5-4-1. Sentencing Hearing.
3 (a) Except when the death penalty is sought under
4 hearing procedures otherwise specified, after a determination
5 of guilt, a hearing shall be held to impose the sentence.
6 However, prior to the imposition of sentence on an individual
7 being sentenced for an offense based upon a charge for a
8 violation of Section 11-501 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, the individual must
10 undergo a professional evaluation to determine if an alcohol
11 or other drug abuse problem exists and the extent of such a
12 problem. Programs conducting these evaluations shall be
13 licensed by the Department of Human Services. However, if
14 the individual is not a resident of Illinois, the court may,
15 in its discretion, accept an evaluation from a program in the
16 state of such individual's residence. The court may in its
17 sentencing order approve an eligible defendant for placement
18 in a Department of Corrections impact incarceration program
19 as provided in Section 5-8-1.1. At the hearing the court
20 shall:
21 (1) consider the evidence, if any, received upon
22 the trial;
23 (2) consider any presentence reports;
24 (3) consider the financial impact of incarceration
25 based on the financial impact statement filed with the
26 clerk of the court by the Department of Corrections;
27 (4) consider evidence and information offered by
28 the parties in aggravation and mitigation;
29 (5) hear arguments as to sentencing alternatives;
30 (6) afford the defendant the opportunity to make a
31 statement in his own behalf;
32 (7) afford the victim of a violent crime or a
33 violation of Section 11-501 of the Illinois Vehicle Code,
34 or a similar provision of a local ordinance, committed by
-21- LRB9007937RCksam
1 the defendant the opportunity to make a statement
2 concerning the impact on the victim and to offer evidence
3 in aggravation or mitigation; provided that the statement
4 and evidence offered in aggravation or mitigation must
5 first be prepared in writing in conjunction with the
6 State's Attorney before it may be presented orally at the
7 hearing. Any sworn testimony offered by the victim is
8 subject to the defendant's right to cross-examine. All
9 statements and evidence offered under this paragraph (7)
10 shall become part of the record of the court; and
11 (8) in cases of reckless homicide afford the
12 victim's spouse, guardians, parents or other immediate
13 family members an opportunity to make oral statements.
14 (b) All sentences shall be imposed by the judge based
15 upon his independent assessment of the elements specified
16 above and any agreement as to sentence reached by the
17 parties. The judge who presided at the trial or the judge
18 who accepted the plea of guilty shall impose the sentence
19 unless he is no longer sitting as a judge in that court.
20 Where the judge does not impose sentence at the same time on
21 all defendants who are convicted as a result of being
22 involved in the same offense, the defendant or the State's
23 attorney may advise the sentencing court of the disposition
24 of any other defendants who have been sentenced.
25 (c) In imposing a sentence for a violent crime or for an
26 offense of operating or being in physical control of a
27 vehicle while under the influence of alcohol, any other drug
28 or any combination thereof, or a similar provision of a local
29 ordinance, when such offense resulted in the personal injury
30 to someone other than the defendant, the trial judge shall
31 specify on the record the particular evidence, information,
32 factors in mitigation and aggravation or other reasons that
33 led to his sentencing determination. The full verbatim record
34 of the sentencing hearing shall be filed with the clerk of
-22- LRB9007937RCksam
1 the court and shall be a public record.
2 (c-1) In imposing a sentence for the offense of armed
3 violence with a category I weapon or category II weapon, the
4 trial judge shall make a finding as to whether the conduct
5 leading to conviction for the offense resulted in great
6 bodily harm to a victim, and shall enter that finding and the
7 basis for that finding in the record.
8 (c-2) If the defendant is sentenced to prison, other
9 than when a sentence of natural life imprisonment or a
10 sentence of death is imposed, at the time the sentence is
11 imposed the judge shall state on the record in open court the
12 approximate period of time the defendant will serve in
13 custody according to the then current statutory rules and
14 regulations for early release found in Section 3-6-3 and
15 other related provisions of this Code. This statement is
16 intended solely to inform the public, has no legal effect on
17 the defendant's actual release, and may not be relied on by
18 the defendant on appeal.
19 The judge's statement, to be given after pronouncing the
20 sentence, other than when the sentence is imposed for one of
21 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
22 shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, assuming the defendant receives all of his or her good
30 conduct credit, the period of estimated actual custody is ...
31 years and ... months, less up to 180 days additional good
32 conduct credit for meritorious service. If the defendant,
33 because of his or her own misconduct or failure to comply
34 with the institutional regulations, does not receive those
-23- LRB9007937RCksam
1 credits, the actual time served in prison will be longer.
2 The defendant may also receive an additional one-half day
3 good conduct credit for each day of participation in
4 vocational, industry, substance abuse, and educational
5 programs as provided for by Illinois statute."
6 When the sentence is imposed for one of the offenses
7 enumerated in paragraph (a)(3) of Section 3-6-3, other than
8 when the sentence is imposed for one of the offenses
9 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
10 or after the effective date of this amendatory Act of 1998,
11 the judge's statement, to be given after pronouncing the
12 sentence, shall include the following:
13 "The purpose of this statement is to inform the public of
14 the actual period of time this defendant is likely to spend
15 in prison as a result of this sentence. The actual period of
16 prison time served is determined by the statutes of Illinois
17 as applied to this sentence by the Illinois Department of
18 Corrections and the Illinois Prisoner Review Board. In this
19 case, assuming the defendant receives all of his or her good
20 conduct credit, the period of estimated actual custody is ...
21 years and ... months, less up to 90 days additional good
22 conduct credit for meritorious service. If the defendant,
23 because of his or her own misconduct or failure to comply
24 with the institutional regulations, does not receive those
25 credits, the actual time served in prison will be longer.
26 The defendant may also receive an additional one-half day
27 good conduct credit for each day of participation in
28 vocational, industry, substance abuse, and educational
29 programs as provided for by Illinois statute."
30 When the sentence is imposed for one of the offenses
31 enumerated in paragraph (a)(2) of Section 3-6-3, other than
32 first degree murder, and the offense was committed on or
33 after the effective date of this amendatory Act of 1998, the
34 judge's statement, to be given after pronouncing the
-24- LRB9007937RCksam
1 sentence, 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
4 in 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, the defendant is entitled to no more than 4 1/2 days of
9 good conduct credit for each month of his or her sentence of
10 imprisonment. Therefore, this defendant will serve at least
11 85% of his or her sentence. Assuming the defendant receives
12 4 1/2 days credit for each month of his or her sentence, the
13 period of estimated actual custody is ... years and ...
14 months. If the defendant, because of his or her own
15 misconduct or failure to comply with the institutional
16 regulations receives lesser credit, the actual time served in
17 prison will be longer."
18 When a sentence of imprisonment is imposed for first
19 degree murder and the offense was committed on or after the
20 effective date of this amendatory Act of 1998, the judge's
21 statement, to be given after pronouncing the sentence, shall
22 include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is not entitled to good conduct credit.
30 Therefore, this defendant will serve 100% of his or her
31 sentence."
32 (d) When the defendant is committed to the Department of
33 Corrections, the State's Attorney shall and counsel for the
34 defendant may file a statement with the clerk of the court to
-25- LRB9007937RCksam
1 be transmitted to the department, agency or institution to
2 which the defendant is committed to furnish such department,
3 agency or institution with the facts and circumstances of the
4 offense for which the person was committed together with all
5 other factual information accessible to them in regard to the
6 person prior to his commitment relative to his habits,
7 associates, disposition and reputation and any other facts
8 and circumstances which may aid such department, agency or
9 institution during its custody of such person. The clerk
10 shall within 10 days after receiving any such statements
11 transmit a copy to such department, agency or institution and
12 a copy to the other party, provided, however, that this shall
13 not be cause for delay in conveying the person to the
14 department, agency or institution to which he has been
15 committed.
16 (e) The clerk of the court shall transmit to the
17 department, agency or institution, if any, to which the
18 defendant is committed, the following:
19 (1) the sentence imposed;
20 (2) any statement by the court of the basis for
21 imposing the sentence;
22 (3) any presentence reports;
23 (4) the number of days, if any, which the defendant
24 has been in custody and for which he is entitled to
25 credit against the sentence, which information shall be
26 provided to the clerk by the sheriff;
27 (4.1) any finding of great bodily harm made by the
28 court with respect to an offense enumerated in subsection
29 (c-1);
30 (5) all statements filed under subsection (d) of
31 this Section;
32 (6) any medical or mental health records or
33 summaries of the defendant;
34 (7) the municipality where the arrest of the
-26- LRB9007937RCksam
1 offender or the commission of the offense has occurred,
2 where such municipality has a population of more than
3 25,000 persons;
4 (8) all statements made and evidence offered under
5 paragraph (7) of subsection (a) of this Section; and
6 (9) all additional matters which the court directs
7 the clerk to transmit. Sentencing Hearing.
8 (a) Except when the death penalty is sought under
9 hearing procedures otherwise specified, after a determination
10 of 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
19 the individual is not a resident of Illinois, the court may,
20 in its discretion, accept an evaluation from a program in the
21 state of such individual's residence. The court may in its
22 sentencing order approve an eligible defendant for placement
23 in a Department of Corrections impact incarceration program
24 as provided in Section 5-8-1.1. At the hearing the court
25 shall:
26 (1) consider the evidence, if any, received upon
27 the trial;
28 (2) consider any presentence reports;
29 (3) consider the financial impact of incarceration
30 based on the financial impact statement filed with the
31 clerk of the court by the Department of Corrections;
32 (4) consider evidence and information offered by
33 the parties in aggravation and mitigation;
34 (5) hear arguments as to sentencing alternatives;
-27- LRB9007937RCksam
1 (6) afford the defendant the opportunity to make a
2 statement in his own behalf;
3 (7) afford the victim of a violent crime or a
4 violation of Section 11-501 of the Illinois Vehicle Code,
5 or a similar provision of a local ordinance, committed by
6 the defendant the opportunity to make a statement
7 concerning the impact on the victim and to offer evidence
8 in aggravation or mitigation; provided that the statement
9 and evidence offered in aggravation or mitigation must
10 first be prepared in writing in conjunction with the
11 State's Attorney before it may be presented orally at the
12 hearing. Any sworn testimony offered by the victim is
13 subject to the defendant's right to cross-examine. All
14 statements and evidence offered under this paragraph (7)
15 shall become part of the record of the court; and
16 (8) in cases of reckless homicide afford the
17 victim's spouse, guardians, parents or other immediate
18 family members an opportunity to make oral statements.
19 (b) All sentences shall be imposed by the judge based
20 upon his independent assessment of the elements specified
21 above and any agreement as to sentence reached by the
22 parties. The judge who presided at the trial or the judge
23 who accepted the plea of guilty shall impose the sentence
24 unless he is no longer sitting as a judge in that court.
25 Where the judge does not impose sentence at the same time on
26 all defendants who are convicted as a result of being
27 involved in the same offense, the defendant or the State's
28 attorney may advise the sentencing court of the disposition
29 of any other defendants who have been sentenced.
30 (c) In imposing a sentence for a violent crime or for an
31 offense of operating or being in physical control of a
32 vehicle while under the influence of alcohol, any other drug
33 or any combination thereof, or a similar provision of a local
34 ordinance, when such offense resulted in the personal injury
-28- LRB9007937RCksam
1 to someone other than the defendant, the trial judge shall
2 specify on the record the particular evidence, information,
3 factors in mitigation and aggravation or other reasons that
4 led to his sentencing determination. The full verbatim record
5 of the sentencing hearing shall be filed with the clerk of
6 the court and shall be a public record.
7 (c-1) In imposing a sentence for the offense of
8 aggravated kidnapping for ransom, home invasion, armed
9 robbery, aggravated vehicular hijacking, aggravated discharge
10 of a firearm, or armed violence with a category I weapon or
11 category II weapon, the trial judge shall make a finding as
12 to whether the conduct leading to conviction for the offense
13 resulted in great bodily harm to a victim, and shall enter
14 that finding and the basis for that finding in the record.
15 (c-2) If the defendant is sentenced to prison, other
16 than when a sentence of natural life imprisonment or a
17 sentence of death is imposed, at the time the sentence is
18 imposed the judge shall state on the record in open court the
19 approximate period of time the defendant will serve in
20 custody according to the then current statutory rules and
21 regulations for early release found in Section 3-6-3 and
22 other related provisions of this Code. This statement is
23 intended solely to inform the public, has no legal effect on
24 the defendant's actual release, and may not be relied on by
25 the defendant on appeal.
26 The judge's statement, to be given after pronouncing the
27 sentence, other than when the sentence is imposed for one of
28 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
29 shall include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
-29- LRB9007937RCksam
1 Corrections and the Illinois Prisoner Review Board. In this
2 case, assuming the defendant receives all of his or her good
3 conduct credit, the period of estimated actual custody is ...
4 years and ... months, less up to 180 days additional good
5 conduct credit for meritorious service. If the defendant,
6 because of his or her own misconduct or failure to comply
7 with the institutional regulations, does not receive those
8 credits, the actual time served in prison will be longer.
9 The defendant may also receive an additional one-half day
10 good conduct credit for each day of participation in
11 vocational, industry, substance abuse, and educational
12 programs as provided for by Illinois statute."
13 When the sentence is imposed for one of the offenses
14 enumerated in paragraph (a)(3) of Section 3-6-3, other than
15 when the sentence is imposed for one of the offenses
16 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
17 or after the effective date of this amendatory Act of 1995,
18 the judge's statement, to be given after pronouncing the
19 sentence, shall include the following:
20 "The purpose of this statement is to inform the public of
21 the actual period of time this defendant is likely to spend
22 in prison as a result of this sentence. The actual period of
23 prison time served is determined by the statutes of Illinois
24 as applied to this sentence by the Illinois Department of
25 Corrections and the Illinois Prisoner Review Board. In this
26 case, assuming the defendant receives all of his or her good
27 conduct credit, the period of estimated actual custody is ...
28 years and ... months, less up to 90 days additional good
29 conduct credit for meritorious service. If the defendant,
30 because of his or her own misconduct or failure to comply
31 with the institutional regulations, does not receive those
32 credits, the actual time served in prison will be longer.
33 The defendant may also receive an additional one-half day
34 good conduct credit for each day of participation in
-30- LRB9007937RCksam
1 vocational, industry, substance abuse, and educational
2 programs as provided for by Illinois statute."
3 When the sentence is imposed for one of the offenses
4 enumerated in paragraph (a)(2) of Section 3-6-3, other than
5 first degree murder, and the offense was committed on or
6 after the effective date of this amendatory Act of 1995, the
7 judge's statement, to be given after pronouncing the
8 sentence, shall include the following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, the defendant is entitled to no more than 4 1/2 days of
16 good conduct credit for each month of his or her sentence of
17 imprisonment. Therefore, this defendant will serve at least
18 85% of his or her sentence. Assuming the defendant receives
19 4 1/2 days credit for each month of his or her sentence, the
20 period of estimated actual custody is ... years and ...
21 months. If the defendant, because of his or her own
22 misconduct or failure to comply with the institutional
23 regulations receives lesser credit, the actual time served in
24 prison will be longer."
25 When a sentence of imprisonment is imposed for first
26 degree murder and the offense was committed on or after the
27 effective date of this amendatory Act of 1995, the judge's
28 statement, to be given after pronouncing the sentence, shall
29 include the following:
30 "The purpose of this statement is to inform the public of
31 the actual period of time this defendant is likely to spend
32 in prison as a result of this sentence. The actual period of
33 prison time served is determined by the statutes of Illinois
34 as applied to this sentence by the Illinois Department of
-31- LRB9007937RCksam
1 Corrections and the Illinois Prisoner Review Board. In this
2 case, the defendant is not entitled to good conduct credit.
3 Therefore, this defendant will serve 100% of his or her
4 sentence."
5 (d) When the defendant is committed to the Department of
6 Corrections, the State's Attorney shall and counsel for the
7 defendant may file a statement with the clerk of the court to
8 be transmitted to the department, agency or institution to
9 which the defendant is committed to furnish such department,
10 agency or institution with the facts and circumstances of the
11 offense for which the person was committed together with all
12 other factual information accessible to them in regard to the
13 person prior to his commitment relative to his habits,
14 associates, disposition and reputation and any other facts
15 and circumstances which may aid such department, agency or
16 institution during its custody of such person. The clerk
17 shall within 10 days after receiving any such statements
18 transmit a copy to such department, agency or institution and
19 a copy to the other party, provided, however, that this shall
20 not be cause for delay in conveying the person to the
21 department, agency or institution to which he has been
22 committed.
23 (e) The clerk of the court shall transmit to the
24 department, agency or institution, if any, to which the
25 defendant is committed, the following:
26 (1) the sentence imposed;
27 (2) any statement by the court of the basis for
28 imposing the sentence;
29 (3) any presentence reports;
30 (4) the number of days, if any, which the defendant
31 has been in custody and for which he is entitled to
32 credit against the sentence, which information shall be
33 provided to the clerk by the sheriff;
34 (4.1) any finding of great bodily harm made by the
-32- LRB9007937RCksam
1 court with respect to an offense enumerated in subsection
2 (c-1);
3 (5) all statements filed under subsection (d) of
4 this Section;
5 (6) any medical or mental health records or
6 summaries of the defendant;
7 (7) the municipality where the arrest of the
8 offender or the commission of the offense has occurred,
9 where such municipality has a population of more than
10 25,000 persons;
11 (8) all statements made and evidence offered under
12 paragraph (7) of subsection (a) of this Section; and
13 (9) all additional matters which the court directs
14 the clerk to transmit.
15 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
16 Section 99. Effective date. This Section and Section 10
17 take effect upon becoming law.".