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90_SB1425eng
730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
730 ILCS 5/3-6-3.1
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
Amends the Unified Code of Corrections. Reenacts the
Truth-In-Sentencing provisions from P.A. 89-404 as amended by
subsequent Public Acts that were declared unconstitutional by
the DuPage County Circuit Court. Extends the reporting
deadline by the Truth-In-Sentencing Commission to report
recommended legislation to the Governor and General Assembly
from March 1, 1997 to September 30, 1998. Effective
immediately.
LRB9009448RCcd
SB1425 Engrossed LRB9009448RCcd
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 Counties Code is amended by changing
5 Section 3-6021 as follows:
6 (55 ILCS 5/3-6021) (from Ch. 34, par. 3-6021)
7 Sec. 3-6021. Conservator of the peace. Each sheriff
8 shall be conservator of the peace in his or her county, and
9 shall prevent crime and maintain the safety and order of the
10 citizens of that county; and may arrest offenders on view,
11 and cause them to be brought before the proper court for
12 trial or examination. Conservator of the peace. Each sheriff
13 shall be conservator of the peace in his or her county, and
14 shall prevent crime and maintain the safety and order of the
15 citizens of that county; and may arrest offenders on view,
16 and cause them to be brought before the proper court for
17 trial or examination.
18 (Source: P.A. 89-404, eff. 8-20-95.)
19 Section 10. The Illinois Municipal Code is amended by
20 changing Section 7-4-8 as follows:
21 (65 ILCS 5/7-4-8) (from Ch. 24, par. 7-4-8)
22 Sec. 7-4-8. The police of any municipality in such a
23 police district have full authority and power as peace
24 officers and may go into any part of the district to exercise
25 that authority and power. For these purposes the mayor of any
26 municipality in the district, and the chiefs of police
27 therein, shall use the police forces under their control
28 anywhere in the district. The police of any municipality
29 in such a police district have full authority and power as
SB1425 Engrossed -2- LRB9009448RCcd
1 peace officers and may go into any part of the district to
2 exercise that authority and power. For these purposes the
3 mayor of any municipality in the district, and the chiefs of
4 police therein, shall use the police forces under their
5 control anywhere in the district.
6 (Source: P.A. 89-404, eff. 8-20-95.)
7 Section 15. The Criminal Code of 1961 is amended by
8 changing Sections 3-2 and 6-2 as follows:
9 (720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
10 Sec. 3-2. Affirmative defense.
11 (a) "Affirmative defense" means that unless the State's
12 evidence raises the issue involving the alleged defense, the
13 defendant, to raise the issue, must present some evidence
14 thereon.
15 (b) If the issue involved in an affirmative defense,
16 other than insanity, is raised then the State must sustain
17 the burden of proving the defendant guilty beyond a
18 reasonable doubt as to that issue together with all the other
19 elements of the offense. If the affirmative defense of
20 insanity is raised, the defendant bears the burden of proving
21 by clear and convincing evidence his insanity at the time of
22 the offense. Affirmative defense.
23 (a) "Affirmative defense" means that unless the State's
24 evidence raises the issue involving the alleged defense, the
25 defendant, to raise the issue, must present some evidence
26 thereon.
27 (b) If the issue involved in an affirmative defense,
28 other than insanity, is raised then the State must sustain
29 the burden of proving the defendant guilty beyond a
30 reasonable doubt as to that issue together with all the other
31 elements of the offense. If the affirmative defense of
32 insanity is raised, the defendant bears the burden of proving
SB1425 Engrossed -3- LRB9009448RCcd
1 by clear and convincing evidence his insanity at the time of
2 the offense.
3 (Source: P.A. 89-404, eff. 8-20-95.)
4 (720 ILCS 5/6-2) (from Ch. 38, par. 6-2)
5 Sec. 6-2. Insanity.
6 (a) A person is not criminally responsible for conduct
7 if at the time of such conduct, as a result of mental disease
8 or mental defect, he lacks substantial capacity to appreciate
9 the criminality of his conduct.
10 (b) The terms "mental disease or mental defect" do not
11 include an abnormality manifested only by repeated criminal
12 or otherwise antisocial conduct.
13 (c) A person who, at the time of the commission of a
14 criminal offense, was not insane but was suffering from a
15 mental illness, is not relieved of criminal responsibility
16 for his conduct and may be found guilty but mentally ill.
17 (d) For purposes of this Section, "mental illness" or
18 "mentally ill" means a substantial disorder of thought, mood,
19 or behavior which afflicted a person at the time of the
20 commission of the offense and which impaired that person's
21 judgment, but not to the extent that he is unable to
22 appreciate the wrongfulness of his behavior.
23 (e) When the defense of insanity has been presented
24 during the trial, the burden of proof is on the defendant to
25 prove by clear and convincing evidence that the defendant is
26 not guilty by reason of insanity. However, the burden of
27 proof remains on the State to prove beyond a reasonable doubt
28 each of the elements of each of the offenses charged, and, in
29 a jury trial where the insanity defense has been presented,
30 the jury must be instructed that it may not consider whether
31 the defendant has met his burden of proving that he is not
32 guilty by reason of insanity until and unless it has first
33 determined that the State has proven the defendant guilty
SB1425 Engrossed -4- LRB9009448RCcd
1 beyond a reasonable doubt of the offense with which he is
2 charged.
3 Insanity.
4 (a) A person is not criminally responsible for conduct
5 if at the time of such conduct, as a result of mental disease
6 or mental defect, he lacks substantial capacity to appreciate
7 the criminality of his conduct.
8 (b) The terms "mental disease or mental defect" do not
9 include an abnormality manifested only by repeated criminal
10 or otherwise antisocial conduct.
11 (c) A person who, at the time of the commission of a
12 criminal offense, was not insane but was suffering from a
13 mental illness, is not relieved of criminal responsibility
14 for his conduct and may be found guilty but mentally ill.
15 (d) For purposes of this Section, "mental illness" or
16 "mentally ill" means a substantial disorder of thought, mood,
17 or behavior which afflicted a person at the time of the
18 commission of the offense and which impaired that person's
19 judgment, but not to the extent that he is unable to
20 appreciate the wrongfulness of his behavior.
21 (e) When the defense of insanity has been presented
22 during the trial, the burden of proof is on the defendant to
23 prove by clear and convincing evidence that the defendant is
24 not guilty by reason of insanity. However, the burden of
25 proof remains on the State to prove beyond a reasonable doubt
26 each of the elements of each of the offenses charged, and, in
27 a jury trial where the insanity defense has been presented,
28 the jury must be instructed that it may not consider whether
29 the defendant has met his burden of proving that he is not
30 guilty by reason of insanity until and unless it has first
31 determined that the State has proven the defendant guilty
32 beyond a reasonable doubt of the offense with which he is
33 charged.
34 (Source: P.A. 89-404, eff. 8-20-95.)
SB1425 Engrossed -5- LRB9009448RCcd
1 Section 20. The Cannabis Control Act is amended by
2 changing Section 12 as follows:
3 (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
4 Sec. 12. (a) The following are subject to forfeiture:
5 (1) all substances containing cannabis which have
6 been produced, manufactured, delivered, or possessed in
7 violation of this Act;
8 (2) all raw materials, products and equipment of
9 any kind which are produced, delivered, or possessed in
10 connection with any substance containing cannabis in
11 violation of this Act;
12 (3) all conveyances, including aircraft, vehicles
13 or vessels, which are used, or intended for use, to
14 transport, or in any manner to facilitate the
15 transportation, sale, receipt, possession, or concealment
16 of property described in paragraph (1) or (2) that
17 constitutes a felony violation of the Act, but:
18 (i) no conveyance used by any person as a
19 common carrier in the transaction of business as a
20 common carrier is subject to forfeiture under this
21 Section unless it appears that the owner or other
22 person in charge of the conveyance is a consenting
23 party or privy to a violation of this Act;
24 (ii) no conveyance is subject to forfeiture
25 under this Section by reason of any act or omission
26 which the owner proves to have been committed or
27 omitted without his knowledge or consent;
28 (iii) a forfeiture of a conveyance encumbered
29 by a bona fide security interest is subject to the
30 interest of the secured party if he neither had
31 knowledge of nor consented to the act or omission;
32 (4) all money, things of value, books, records, and
33 research products and materials including formulas,
SB1425 Engrossed -6- LRB9009448RCcd
1 microfilm, tapes, and data which are used, or intended
2 for use in a felony violation of this Act;
3 (5) everything of value furnished or intended to be
4 furnished by any person in exchange for a substance in
5 violation of this Act, all proceeds traceable to such an
6 exchange, and all moneys, negotiable instruments, and
7 securities used, or intended to be used, to commit or in
8 any manner to facilitate any felony violation of this
9 Act.
10 (b) Property subject to forfeiture under this Act may be
11 seized by the Director or any peace officer upon process or
12 seizure warrant issued by any court having jurisdiction over
13 the property. Seizure by the Director or any peace officer
14 without process may be made:
15 (1) if the property subject to seizure has been the
16 subject of a prior judgment in favor of the State in a
17 criminal proceeding or in an injunction or forfeiture
18 proceeding based upon this Act or the Drug Asset
19 Forfeiture Procedure Act;
20 (2) if there is probable cause to believe that the
21 property is directly or indirectly dangerous to health or
22 safety;
23 (3) if there is probable cause to believe that the
24 property is subject to forfeiture under this Act and the
25 property is seized under circumstances in which a
26 warrantless seizure or arrest would be reasonable; or
27 (4) in accordance with the Code of Criminal
28 Procedure of 1963.
29 (c) In the event of seizure pursuant to subsection (b),
30 forfeiture proceedings shall be instituted in accordance with
31 the Drug Asset Forfeiture Procedure Act.
32 (d) Property taken or detained under this Section shall
33 not be subject to replevin, but is deemed to be in the
34 custody of the Director subject only to the order and
SB1425 Engrossed -7- LRB9009448RCcd
1 judgments of the circuit court having jurisdiction over the
2 forfeiture proceedings and the decisions of the State's
3 Attorney under the Drug Asset Forfeiture Procedure Act. When
4 property is seized under this Act, the seizing agency shall
5 promptly conduct an inventory of the seized property,
6 estimate the property's value, and shall forward a copy of
7 the inventory of seized property and the estimate of the
8 property's value to the Director. Upon receiving notice of
9 seizure, the Director may:
10 (1) place the property under seal;
11 (2) remove the property to a place designated by
12 him;
13 (3) keep the property in the possession of the
14 seizing agency;
15 (4) remove the property to a storage area for
16 safekeeping or, if the property is a negotiable
17 instrument or money and is not needed for evidentiary
18 purposes, deposit it in an interest bearing account;
19 (5) place the property under constructive seizure
20 by posting notice of pending forfeiture on it, by giving
21 notice of pending forfeiture to its owners and interest
22 holders, or by filing notice of pending forfeiture in any
23 appropriate public record relating to the property; or
24 (6) provide for another agency or custodian,
25 including an owner, secured party, or lienholder, to take
26 custody of the property upon the terms and conditions set
27 by the Director.
28 (e) No disposition may be made of property under seal
29 until the time for taking an appeal has elapsed or until all
30 appeals have been concluded unless a court, upon application
31 therefor, orders the sale of perishable substances and the
32 deposit of the proceeds of the sale with the court.
33 (f) When property is forfeited under this Act the
34 Director shall sell all such property unless such property is
SB1425 Engrossed -8- LRB9009448RCcd
1 required by law to be destroyed or is harmful to the public,
2 and shall distribute the proceeds of the sale, together with
3 any moneys forfeited or seized, in accordance with subsection
4 (g). However, upon the application of the seizing agency or
5 prosecutor who was responsible for the investigation, arrest
6 or arrests and prosecution which lead to the forfeiture, the
7 Director may return any item of forfeited property to the
8 seizing agency or prosecutor for official use in the
9 enforcement of laws relating to cannabis or controlled
10 substances, if the agency or prosecutor can demonstrate that
11 the item requested would be useful to the agency or
12 prosecutor in their enforcement efforts. When any real
13 property returned to the seizing agency is sold by the agency
14 or its unit of government, the proceeds of the sale shall be
15 delivered to the Director and distributed in accordance with
16 subsection (g).
17 (g) All monies and the sale proceeds of all other
18 property forfeited and seized under this Act shall be
19 distributed as follows:
20 (1) 65% shall be distributed to the metropolitan
21 enforcement group, local, municipal, county, or state law
22 enforcement agency or agencies which conducted or
23 participated in the investigation resulting in the
24 forfeiture. The distribution shall bear a reasonable
25 relationship to the degree of direct participation of the
26 law enforcement agency in the effort resulting in the
27 forfeiture, taking into account the total value of the
28 property forfeited and the total law enforcement effort
29 with respect to the violation of the law upon which the
30 forfeiture is based. Amounts distributed to the agency
31 or agencies shall be used for the enforcement of laws
32 governing cannabis and controlled substances, except that
33 amounts distributed to the Secretary of State shall be
34 deposited into the Secretary of State Evidence Fund to be
SB1425 Engrossed -9- LRB9009448RCcd
1 used as provided in Section 2-115 of the Illinois Vehicle
2 Code.
3 (2)(i) 12.5% shall be distributed to the Office of
4 the State's Attorney of the county in which the
5 prosecution resulting in the forfeiture was
6 instituted, deposited in a special fund in the
7 county treasury and appropriated to the State's
8 Attorney for use in the enforcement of laws
9 governing cannabis and controlled substances. In
10 counties over 3,000,000 population, 25% will be
11 distributed to the Office of the State's Attorney
12 for use in the enforcement of laws governing
13 cannabis and controlled substances. If the
14 prosecution is undertaken solely by the Attorney
15 General, the portion provided hereunder shall be
16 distributed to the Attorney General for use in the
17 enforcement of laws governing cannabis and
18 controlled substances.
19 (ii) 12.5% shall be distributed to the Office
20 of the State's Attorneys Appellate Prosecutor and
21 deposited in the Narcotics Profit Forfeiture Fund of
22 that Office to be used for additional expenses
23 incurred in the investigation, prosecution and
24 appeal of cases arising under laws governing
25 cannabis and controlled substances. The Office of
26 the State's Attorneys Appellate Prosecutor shall not
27 receive distribution from cases brought in counties
28 with over 3,000,000 population.
29 (3) 10% shall be retained by the Department of
30 State Police for expenses related to the administration
31 and sale of seized and forfeited property.
32 (a) The following are subject to forfeiture:
33 (1) all substances containing cannabis which have
34 been produced, manufactured, delivered, or possessed in
SB1425 Engrossed -10- LRB9009448RCcd
1 violation of this Act;
2 (2) all raw materials, products and equipment of
3 any kind which are produced, delivered, or possessed in
4 connection with any substance containing cannabis in
5 violation of this Act;
6 (3) all conveyances, including aircraft, vehicles
7 or vessels, which are used, or intended for use, to
8 transport, or in any manner to facilitate the
9 transportation, sale, receipt, possession, or concealment
10 of property described in paragraph (1) or (2) that
11 constitutes a felony violation of the Act, but:
12 (i) no conveyance used by any person as a
13 common carrier in the transaction of business as a
14 common carrier is subject to forfeiture under this
15 Section unless it appears that the owner or other
16 person in charge of the conveyance is a consenting
17 party or privy to a violation of this Act;
18 (ii) no conveyance is subject to forfeiture
19 under this Section by reason of any act or omission
20 which the owner proves to have been committed or
21 omitted without his knowledge or consent;
22 (iii) a forfeiture of a conveyance encumbered
23 by a bona fide security interest is subject to the
24 interest of the secured party if he neither had
25 knowledge of nor consented to the act or omission;
26 (4) all money, things of value, books, records, and
27 research products and materials including formulas,
28 microfilm, tapes, and data which are used, or intended
29 for use in a felony violation of this Act;
30 (5) everything of value furnished or intended to be
31 furnished by any person in exchange for a substance in
32 violation of this Act, all proceeds traceable to such an
33 exchange, and all moneys, negotiable instruments, and
34 securities used, or intended to be used, to commit or in
SB1425 Engrossed -11- LRB9009448RCcd
1 any manner to facilitate any felony violation of this
2 Act.
3 (b) Property subject to forfeiture under this Act may be
4 seized by the Director or any peace officer upon process or
5 seizure warrant issued by any court having jurisdiction over
6 the property. Seizure by the Director or any peace officer
7 without process may be made:
8 (1) if the property subject to seizure has been the
9 subject of a prior judgment in favor of the State in a
10 criminal proceeding or in an injunction or forfeiture
11 proceeding based upon this Act or the Drug Asset
12 Forfeiture Procedure Act;
13 (2) if there is probable cause to believe that the
14 property is directly or indirectly dangerous to health or
15 safety;
16 (3) if there is probable cause to believe that the
17 property is subject to forfeiture under this Act and the
18 property is seized under circumstances in which a
19 warrantless seizure or arrest would be reasonable; or
20 (4) in accordance with the Code of Criminal
21 Procedure of 1963.
22 (c) In the event of seizure pursuant to subsection (b),
23 forfeiture proceedings shall be instituted in accordance with
24 the Drug Asset Forfeiture Procedure Act.
25 (d) Property taken or detained under this Section shall
26 not be subject to replevin, but is deemed to be in the
27 custody of the Director subject only to the order and
28 judgments of the circuit court having jurisdiction over the
29 forfeiture proceedings and the decisions of the State's
30 Attorney under the Drug Asset Forfeiture Procedure Act. When
31 property is seized under this Act, the seizing agency shall
32 promptly conduct an inventory of the seized property,
33 estimate the property's value, and shall forward a copy of
34 the inventory of seized property and the estimate of the
SB1425 Engrossed -12- LRB9009448RCcd
1 property's value to the Director. Upon receiving notice of
2 seizure, the Director may:
3 (1) place the property under seal;
4 (2) remove the property to a place designated by
5 him;
6 (3) keep the property in the possession of the
7 seizing agency;
8 (4) remove the property to a storage area for
9 safekeeping or, if the property is a negotiable
10 instrument or money and is not needed for evidentiary
11 purposes, deposit it in an interest bearing account;
12 (5) place the property under constructive seizure
13 by posting notice of pending forfeiture on it, by giving
14 notice of pending forfeiture to its owners and interest
15 holders, or by filing notice of pending forfeiture in any
16 appropriate public record relating to the property; or
17 (6) provide for another agency or custodian,
18 including an owner, secured party, or lienholder, to take
19 custody of the property upon the terms and conditions set
20 by the Director.
21 (e) No disposition may be made of property under seal
22 until the time for taking an appeal has elapsed or until all
23 appeals have been concluded unless a court, upon application
24 therefor, orders the sale of perishable substances and the
25 deposit of the proceeds of the sale with the court.
26 (f) When property is forfeited under this Act the
27 Director shall sell all such property unless such property is
28 required by law to be destroyed or is harmful to the public,
29 and shall distribute the proceeds of the sale, together with
30 any moneys forfeited or seized, in accordance with subsection
31 (g). However, upon the application of the seizing agency or
32 prosecutor who was responsible for the investigation, arrest
33 or arrests and prosecution which lead to the forfeiture, the
34 Director may return any item of forfeited property to the
SB1425 Engrossed -13- LRB9009448RCcd
1 seizing agency or prosecutor for official use in the
2 enforcement of laws relating to cannabis or controlled
3 substances, if the agency or prosecutor can demonstrate that
4 the item requested would be useful to the agency or
5 prosecutor in their enforcement efforts. When any real
6 property returned to the seizing agency is sold by the agency
7 or its unit of government, the proceeds of the sale shall be
8 delivered to the Director and distributed in accordance with
9 subsection (g).
10 (g) All monies and the sale proceeds of all other
11 property forfeited and seized under this Act shall be
12 distributed as follows:
13 (1) 65% shall be distributed to the metropolitan
14 enforcement group, local, municipal, county, or state law
15 enforcement agency or agencies which conducted or
16 participated in the investigation resulting in the
17 forfeiture. The distribution shall bear a reasonable
18 relationship to the degree of direct participation of the
19 law enforcement agency in the effort resulting in the
20 forfeiture, taking into account the total value of the
21 property forfeited and the total law enforcement effort
22 with respect to the violation of the law upon which the
23 forfeiture is based. Amounts distributed to the agency
24 or agencies shall be used for the enforcement of laws
25 governing cannabis and controlled substances, except that
26 amounts distributed to the Secretary of State shall be
27 deposited into the Secretary of State Evidence Fund to be
28 used as provided in Section 2-115 of the Illinois Vehicle
29 Code.
30 (2)(i) 12.5% shall be distributed to the Office of
31 the State's Attorney of the county in which the
32 prosecution resulting in the forfeiture was
33 instituted, deposited in a special fund in the
34 county treasury and appropriated to the State's
SB1425 Engrossed -14- LRB9009448RCcd
1 Attorney for use in the enforcement of laws
2 governing cannabis and controlled substances. In
3 counties over 3,000,000 population, 25% will be
4 distributed to the Office of the State's Attorney
5 for use in the enforcement of laws governing
6 cannabis and controlled substances. If the
7 prosecution is undertaken solely by the Attorney
8 General, the portion provided hereunder shall be
9 distributed to the Attorney General for use in the
10 enforcement of laws governing cannabis and
11 controlled substances.
12 (ii) 12.5% shall be distributed to the Office
13 of the State's Attorneys Appellate Prosecutor and
14 deposited in the Narcotics Profit Forfeiture Fund of
15 that Office to be used for additional expenses
16 incurred in the investigation, prosecution and
17 appeal of cases arising under laws governing
18 cannabis and controlled substances. The Office of
19 the State's Attorneys Appellate Prosecutor shall not
20 receive distribution from cases brought in counties
21 with over 3,000,000 population.
22 (3) 10% shall be retained by the Department of
23 State Police for expenses related to the administration
24 and sale of seized and forfeited property.
25 (Source: P.A. 89-404, eff. 8-20-95.)
26 Section 25. The Illinois Controlled Substances Act is
27 amended by changing Sections 100, 401, 402, 405.1, and 505 as
28 follows:
29 (720 ILCS 570/100) (from Ch. 56 1/2, par. 1100)
30 Sec. 100. Legislative intent. It is the intent of the
31 General Assembly, recognizing the rising incidence in the
32 abuse of drugs and other dangerous substances and its
SB1425 Engrossed -15- LRB9009448RCcd
1 resultant damage to the peace, health, and welfare of the
2 citizens of Illinois, to provide a system of control over the
3 distribution and use of controlled substances which will more
4 effectively: (1) limit access of such substances only to
5 those persons who have demonstrated an appropriate sense of
6 responsibility and have a lawful and legitimate reason to
7 possess them; (2) deter the unlawful and destructive abuse of
8 controlled substances; (3) penalize most heavily the illicit
9 traffickers or profiteers of controlled substances, who
10 propagate and perpetuate the abuse of such substances with
11 reckless disregard for its consumptive consequences upon
12 every element of society; (4) acknowledge the functional and
13 consequential differences between the various types of
14 controlled substances and provide for correspondingly
15 different degrees of control over each of the various types;
16 (5) unify where feasible and codify the efforts of this State
17 to conform with the regulatory systems of the Federal
18 government and other states to establish national
19 coordination of efforts to control the abuse of controlled
20 substances; and (6) provide law enforcement authorities with
21 the necessary resources to make this system efficacious.
22 It is not the intent of the General Assembly to treat the
23 unlawful user or occasional petty distributor of controlled
24 substances with the same severity as the large-scale,
25 unlawful purveyors and traffickers of controlled substances.
26 However, it is recognized that persons who violate this Act
27 with respect to the manufacture, delivery, possession with
28 intent to deliver, or possession of more than one type of
29 controlled substance listed herein may accordingly receive
30 multiple convictions and sentences under each Section of this
31 Act. To this end, guidelines have been provided, along with a
32 wide latitude in sentencing discretion, to enable the
33 sentencing court to order penalties in each case which are
34 appropriate for the purposes of this Act.
SB1425 Engrossed -16- LRB9009448RCcd
1 Legislative intent. It is the intent of the General
2 Assembly, recognizing the rising incidence in the abuse of
3 drugs and other dangerous substances and its resultant damage
4 to the peace, health, and welfare of the citizens of
5 Illinois, to provide a system of control over the
6 distribution and use of controlled substances which will more
7 effectively: (1) limit access of such substances only to
8 those persons who have demonstrated an appropriate sense of
9 responsibility and have a lawful and legitimate reason to
10 possess them; (2) deter the unlawful and destructive abuse of
11 controlled substances; (3) penalize most heavily the illicit
12 traffickers or profiteers of controlled substances, who
13 propagate and perpetuate the abuse of such substances with
14 reckless disregard for its consumptive consequences upon
15 every element of society; (4) acknowledge the functional and
16 consequential differences between the various types of
17 controlled substances and provide for correspondingly
18 different degrees of control over each of the various types;
19 (5) unify where feasible and codify the efforts of this state
20 to conform with the regulatory systems of the Federal
21 government and other states to establish national
22 coordination of efforts to control the abuse of controlled
23 substances; and (6) provide law enforcement authorities with
24 the necessary resources to make this system efficacious.
25 It is not the intent of the General Assembly to treat the
26 unlawful user or occasional petty distributor of controlled
27 substances with the same severity as the large-scale,
28 unlawful purveyors and traffickers of controlled substances.
29 However, it is recognized that persons who violate this Act
30 with respect to the manufacture, delivery, possession with
31 intent to deliver, or possession of more than one type of
32 controlled substance listed herein may accordingly receive
33 multiple convictions and sentences under each Section of this
34 Act. To this end, guidelines have been provided, along with a
SB1425 Engrossed -17- LRB9009448RCcd
1 wide latitude in sentencing discretion, to enable the
2 sentencing court to order penalties in each case which are
3 appropriate for the purposes of this Act.
4 (Source: P.A. 89-404, eff. 8-20-95.)
5 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
6 Sec. 401. Except as authorized by this Act, it is
7 unlawful for any person knowingly to manufacture or deliver,
8 or possess with intent to manufacture or deliver, a
9 controlled or counterfeit substance or controlled substance
10 analog. A violation of this Act with respect to each of the
11 controlled substances listed herein constitutes a single and
12 separate violation of this Act. For purposes of this
13 Section, "controlled substance analog" or "analog" means a
14 substance which is intended for human consumption, other than
15 a controlled substance, that has a chemical structure
16 substantially similar to that of a controlled substance in
17 Schedule I or II, or that was specifically designed to
18 produce an effect substantially similar to that of a
19 controlled substance in Schedule I or II. Examples of
20 chemical classes in which controlled substance analogs are
21 found include, but are not limited to, the following:
22 phenethylamines, N-substituted piperidines, morphinans,
23 ecgonines, quinazolinones, substituted indoles, and
24 arylcycloalkylamines. For purposes of this Act, a controlled
25 substance analog shall be treated in the same manner as the
26 controlled substance to which it is substantially similar.
27 (a) Any person who violates this Section with respect to
28 the following amounts of controlled or counterfeit substances
29 or controlled substance analogs, notwithstanding any of the
30 provisions of subsections (c), (d), (e), (f), (g) or (h) to
31 the contrary, is guilty of a Class X felony and shall be
32 sentenced to a term of imprisonment as provided in this
33 subsection (a) and fined as provided in subsection (b):
SB1425 Engrossed -18- LRB9009448RCcd
1 (1) (A) not less than 6 years and not more than 30
2 years with respect to 15 grams or more but less than
3 100 grams of a substance containing heroin, or an
4 analog thereof;
5 (B) not less than 9 years and not more than 40
6 years with respect to 100 grams or more but less
7 than 400 grams of a substance containing heroin, or
8 an analog thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to 400 grams or more but less
11 than 900 grams of a substance containing heroin, or
12 an analog thereof;
13 (D) not less than 15 years and not more than
14 60 years with respect to 900 grams or more of any
15 substance containing heroin, or an analog thereof;
16 (2) (A) not less than 6 years and not more than 30
17 years with respect to 15 grams or more but less than
18 100 grams of a substance containing cocaine, or an
19 analog thereof;
20 (B) not less than 9 years and not more than 40
21 years with respect to 100 grams or more but less
22 than 400 grams of a substance containing cocaine, or
23 an analog thereof;
24 (C) not less than 12 years and not more than
25 50 years with respect to 400 grams or more but less
26 than 900 grams of a substance containing cocaine, or
27 an analog thereof;
28 (D) not less than 15 years and not more than
29 60 years with respect to 900 grams or more of any
30 substance containing cocaine, or an analog thereof;
31 (3) (A) not less than 6 years and not more than 30
32 years with respect to 15 grams or more but less than
33 100 grams of a substance containing morphine, or an
SB1425 Engrossed -19- LRB9009448RCcd
1 analog thereof;
2 (B) not less than 9 years and not more than 40
3 years with respect to 100 grams or more but less
4 than 400 grams of a substance containing morphine,
5 or an analog thereof;
6 (C) not less than 12 years and not more than
7 50 years with respect to 400 grams or more but less
8 than 900 grams of a substance containing morphine,
9 or an analog thereof;
10 (D) not less than 15 years and not more than
11 60 years with respect to 900 grams or more of a
12 substance containing morphine, or an analog thereof;
13 (4) 200 grams or more of any substance containing
14 peyote, or an analog thereof;
15 (5) 200 grams or more of any substance containing a
16 derivative of barbituric acid or any of the salts of a
17 derivative of barbituric acid, or an analog thereof;
18 (6) 200 grams or more of any substance containing
19 amphetamine or methamphetamine or any salt of an optical
20 isomer of amphetamine or methamphetamine, or an analog
21 thereof;
22 (7) (A) not less than 6 years and not more than 30
23 years with respect to: (i) 15 grams or more but less
24 than 100 grams of a substance containing lysergic
25 acid diethylamide (LSD), or an analog thereof, or
26 (ii) 15 or more objects or 15 or more segregated
27 parts of an object or objects but less than 200
28 objects or 200 segregated parts of an object or
29 objects containing in them or having upon them any
30 amounts of any substance containing lysergic acid
31 diethylamide (LSD), or an analog thereof;
32 (B) not less than 9 years and not more than 40
33 years with respect to: (i) 100 grams or more but
34 less than 400 grams of a substance containing
SB1425 Engrossed -20- LRB9009448RCcd
1 lysergic acid diethylamide (LSD), or an analog
2 thereof, or (ii) 200 or more objects or 200 or more
3 segregated parts of an object or objects but less
4 than 600 objects or less than 600 segregated parts
5 of an object or objects containing in them or having
6 upon them any amount of any substance containing
7 lysergic acid diethylamide (LSD), or an analog
8 thereof;
9 (C) not less than 12 years and not more than
10 50 years with respect to: (i) 400 grams or more but
11 less than 900 grams of a substance containing
12 lysergic acid diethylamide (LSD), or an analog
13 thereof, or (ii) 600 or more objects or 600 or more
14 segregated parts of an object or objects but less
15 than 1500 objects or 1500 segregated parts of an
16 object or objects containing in them or having upon
17 them any amount of any substance containing lysergic
18 acid diethylamide (LSD), or an analog thereof;
19 (D) not less than 15 years and not more than
20 60 years with respect to: (i) 900 grams or more of
21 any substance containing lysergic acid diethylamide
22 (LSD), or an analog thereof, or (ii) 1500 or more
23 objects or 1500 or more segregated parts of an
24 object or objects containing in them or having upon
25 them any amount of a substance containing lysergic
26 acid diethylamide (LSD), or an analog thereof;
27 (8) 30 grams or more of any substance containing
28 pentazocine or any of the salts, isomers and salts of
29 isomers of pentazocine, or an analog thereof;
30 (9) 30 grams or more of any substance containing
31 methaqualone or any of the salts, isomers and salts of
32 isomers of methaqualone, or an analog thereof;
33 (10) 30 grams or more of any substance
34 containing phencyclidine or any of the salts, isomers
SB1425 Engrossed -21- LRB9009448RCcd
1 and salts of isomers of phencyclidine (PCP), or an
2 analog thereof;
3 (10.5) 30 grams or more of any substance containing
4 ketamine or any of the salts, isomers and salts of
5 isomers of ketamine, or an analog thereof;
6 (11) 200 grams or more of any substance containing
7 any other controlled substance classified in Schedules I
8 or II, or an analog thereof, which is not otherwise
9 included in this subsection.
10 (b) Any person sentenced with respect to violations of
11 paragraph (1), (2), (3) or (7) of subsection (a) involving
12 100 grams or more of the controlled substance named therein,
13 may in addition to the penalties provided therein, be fined
14 an amount not more than $500,000 or the full street value of
15 the controlled or counterfeit substance or controlled
16 substance analog, whichever is greater. The term "street
17 value" shall have the meaning ascribed in Section 110-5 of
18 the Code of Criminal Procedure of 1963. Any person sentenced
19 with respect to any other provision of subsection (a), may in
20 addition to the penalties provided therein, be fined an
21 amount not to exceed $500,000.
22 (c) Any person who violates this Section with regard to
23 the following amounts of controlled or counterfeit substances
24 or controlled substance analogs, notwithstanding any of the
25 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
26 to the contrary, is guilty of a Class 1 felony. The fine for
27 violation of this subsection (c) shall not be more than
28 $250,000:
29 (1) 10 or more grams but less than 15 grams of any
30 substance containing heroin, or an analog thereof;
31 (2) 1 gram or more but less than 15 grams of any
32 substance containing cocaine, or an analog thereof;
33 (3) 10 grams or more but less than 15 grams of any
34 substance containing morphine, or an analog thereof;
SB1425 Engrossed -22- LRB9009448RCcd
1 (4) 50 grams or more but less than 200 grams of any
2 substance containing peyote, or an analog thereof;
3 (5) 50 grams or more but less than 200 grams of any
4 substance containing a derivative of barbituric acid or
5 any of the salts of a derivative of barbituric acid, or
6 an analog thereof;
7 (6) 50 grams or more but less than 200 grams of any
8 substance containing amphetamine or methamphetamine or
9 any salt of an optical isomer of amphetamine or
10 methamphetamine, or an analog thereof;
11 (7) (i) 5 grams or more but less than 15 grams of
12 any substance containing lysergic acid diethylamide
13 (LSD), or an analog thereof, or (ii) more than 10 objects
14 or more than 10 segregated parts of an object or objects
15 but less than 15 objects or less than 15 segregated parts
16 of an object containing in them or having upon them any
17 amount of any substance containing lysergic acid
18 diethylamide (LSD), or an analog thereof;
19 (8) 10 grams or more but less than 30 grams of any
20 substance containing pentazocine or any of the salts,
21 isomers and salts of isomers of pentazocine, or an analog
22 thereof;
23 (9) 10 grams or more but less than 30 grams of any
24 substance containing methaqualone or any of the salts,
25 isomers and salts of isomers of methaqualone, or an
26 analog thereof;
27 (10) 10 grams or more but less than 30 grams of any
28 substance containing phencyclidine or any of the salts,
29 isomers and salts of isomers of phencyclidine (PCP), or
30 an analog thereof;
31 (10.5) 10 grams or more but less than 30 grams of
32 any substance containing ketamine or any of the salts,
33 isomers and salts of isomers of ketamine, or an analog
34 thereof;
SB1425 Engrossed -23- LRB9009448RCcd
1 (11) 50 grams or more but less than 200 grams of
2 any substance containing a substance classified in
3 Schedules I or II, or an analog thereof, which is not
4 otherwise included in this subsection.
5 (d) Any person who violates this Section with regard to
6 any other amount of a controlled or counterfeit substance
7 classified in Schedules I or II, or an analog thereof, which
8 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
9 (LSD) or an analog thereof, is guilty of a Class 2 felony.
10 The fine for violation of this subsection (d) shall not be
11 more than $200,000.
12 (e) Any person who violates this Section with regard to
13 any other amount of a controlled or counterfeit substance
14 classified in Schedule I or II, or an analog thereof, which
15 substance is not included under subsection (d) of this
16 Section, is guilty of a Class 3 felony. The fine for
17 violation of this subsection (e) shall not be more than
18 $150,000.
19 (f) Any person who violates this Section with regard to
20 any other amount of a controlled or counterfeit substance
21 classified in Schedule III is guilty of a Class 3 felony. The
22 fine for violation of this subsection (f) shall not be more
23 than $125,000.
24 (g) Any person who violates this Section with regard to
25 any other amount of a controlled or counterfeit substance
26 classified in Schedule IV is guilty of a Class 3 felony. The
27 fine for violation of this subsection (g) shall not be more
28 than $100,000.
29 (h) Any person who violates this Section with regard to
30 any other amount of a controlled or counterfeit substance
31 classified in Schedule V is guilty of a Class 3 felony. The
32 fine for violation of this subsection (h) shall not be more
33 than $75,000.
34 (i) This Section does not apply to the manufacture,
SB1425 Engrossed -24- LRB9009448RCcd
1 possession or distribution of a substance in conformance with
2 the provisions of an approved new drug application or an
3 exemption for investigational use within the meaning of
4 Section 505 of the Federal Food, Drug and Cosmetic Act.
5 Except as authorized by this Act, it is unlawful for any
6 person knowingly to manufacture or deliver, or possess with
7 intent to manufacture or deliver, a controlled or counterfeit
8 substance or controlled substance analog. A violation of
9 this Act with respect to each of the controlled substances
10 listed herein constitutes a single and separate violation of
11 this Act. For purposes of this Section, "controlled
12 substance analog" or "analog" means a substance which is
13 intended for human consumption, other than a controlled
14 substance, that has a chemical structure substantially
15 similar to that of a controlled substance in Schedule I or
16 II, or that was specifically designed to produce an effect
17 substantially similar to that of a controlled substance in
18 Schedule I or II. Examples of chemical classes in which
19 controlled substance analogs are found include, but are not
20 limited to, the following: phenethylamines, N-substituted
21 piperidines, morphinans, ecgonines, quinazolinones,
22 substituted indoles, and arylcycloalkylamines. For purposes
23 of this Act, a controlled substance analog shall be treated
24 in the same manner as the controlled substance to which it is
25 substantially similar.
26 (a) Any person who violates this Section with respect to
27 the following amounts of controlled or counterfeit substances
28 or controlled substance analogs, notwithstanding any of the
29 provisions of subsections (c), (d), (e), (f), (g) or (h) to
30 the contrary, is guilty of a Class X felony and shall be
31 sentenced to a term of imprisonment as provided in this
32 subsection (a) and fined as provided in subsection (b):
33 (1) (A) not less than 6 years and not more than 30
34 years with respect to 15 grams or more but less than
SB1425 Engrossed -25- LRB9009448RCcd
1 100 grams of a substance containing heroin, or an
2 analog thereof;
3 (B) not less than 9 years and not more than 40
4 years with respect to 100 grams or more but less
5 than 400 grams of a substance containing heroin, or
6 an analog thereof;
7 (C) not less than 12 years and not more than
8 50 years with respect to 400 grams or more but less
9 than 900 grams of a substance containing heroin, or
10 an analog thereof;
11 (D) not less than 15 years and not more than
12 60 years with respect to 900 grams or more of any
13 substance containing heroin, or an analog thereof;
14 (2) (A) not less than 6 years and not more than 30
15 years with respect to 15 grams or more but less than
16 100 grams of a substance containing cocaine, or an
17 analog thereof;
18 (B) not less than 9 years and not more than 40
19 years with respect to 100 grams or more but less
20 than 400 grams of a substance containing cocaine, or
21 an analog thereof;
22 (C) not less than 12 years and not more than
23 50 years with respect to 400 grams or more but less
24 than 900 grams of a substance containing cocaine, or
25 an analog thereof;
26 (D) not less than 15 years and not more than
27 60 years with respect to 900 grams or more of any
28 substance containing cocaine, or an analog thereof;
29 (3) (A) not less than 6 years and not more than 30
30 years with respect to 15 grams or more but less than
31 100 grams of a substance containing morphine, or an
32 analog thereof;
33 (B) not less than 9 years and not more than 40
SB1425 Engrossed -26- LRB9009448RCcd
1 years with respect to 100 grams or more but less
2 than 400 grams of a substance containing morphine,
3 or an analog thereof;
4 (C) not less than 12 years and not more than
5 50 years with respect to 400 grams or more but less
6 than 900 grams of a substance containing morphine,
7 or an analog thereof;
8 (D) not less than 15 years and not more than
9 60 years with respect to 900 grams or more of a
10 substance containing morphine, or an analog thereof;
11 (4) 200 grams or more of any substance containing
12 peyote, or an analog thereof;
13 (5) 200 grams or more of any substance containing a
14 derivative of barbituric acid or any of the salts of a
15 derivative of barbituric acid, or an analog thereof;
16 (6) 200 grams or more of any substance containing
17 amphetamine or methamphetamine or any salt of an optical
18 isomer of amphetamine or methamphetamine, or an analog
19 thereof;
20 (7) (A) not less than 6 years and not more than 30
21 years with respect to: (i) 15 grams or more but less
22 than 100 grams of a substance containing lysergic
23 acid diethylamide (LSD), or an analog thereof, or
24 (ii) 15 or more objects or 15 or more segregated
25 parts of an object or objects but less than 200
26 objects or 200 segregated parts of an object or
27 objects containing in them or having upon them any
28 amounts of any substance containing lysergic acid
29 diethylamide (LSD), or an analog thereof;
30 (B) not less than 9 years and not more than 40
31 years with respect to: (i) 100 grams or more but
32 less than 400 grams of a substance containing
33 lysergic acid diethylamide (LSD), or an analog
34 thereof, or (ii) 200 or more objects or 200 or more
SB1425 Engrossed -27- LRB9009448RCcd
1 segregated parts of an object or objects but less
2 than 600 objects or less than 600 segregated parts
3 of an object or objects containing in them or having
4 upon them any amount of any substance containing
5 lysergic acid diethylamide (LSD), or an analog
6 thereof;
7 (C) not less than 12 years and not more than
8 50 years with respect to: (i) 400 grams or more but
9 less than 900 grams of a substance containing
10 lysergic acid diethylamide (LSD), or an analog
11 thereof, or (ii) 600 or more objects or 600 or more
12 segregated parts of an object or objects but less
13 than 1500 objects or 1500 segregated parts of an
14 object or objects containing in them or having upon
15 them any amount of any substance containing lysergic
16 acid diethylamide (LSD), or an analog thereof;
17 (D) not less than 15 years and not more than
18 60 years with respect to: (i) 900 grams or more of
19 any substance containing lysergic acid diethylamide
20 (LSD), or an analog thereof, or (ii) 1500 or more
21 objects or 1500 or more segregated parts of an
22 object or objects containing in them or having upon
23 them any amount of a substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof;
25 (8) 30 grams or more of any substance containing
26 pentazocine or any of the salts, isomers and salts of
27 isomers of pentazocine, or an analog thereof;
28 (9) 30 grams or more of any substance containing
29 methaqualone or any of the salts, isomers and salts of
30 isomers of methaqualone, or an analog thereof;
31 (10) 30 grams or more of any substance
32 containing phencyclidine or any of the salts, isomers
33 and salts of isomers of phencyclidine (PCP), or an
34 analog thereof;
SB1425 Engrossed -28- LRB9009448RCcd
1 (10.5) 30 grams or more of any substance containing
2 ketamine or any of the salts, isomers and salts of
3 isomers of ketamine, or an analog thereof;
4 (11) 200 grams or more of any substance containing
5 any other controlled substance classified in Schedules I
6 or II, or an analog thereof, which is not otherwise
7 included in this subsection.
8 (b) Any person sentenced with respect to violations of
9 paragraph (1), (2), (3) or (7) of subsection (a) involving
10 100 grams or more of the controlled substance named therein,
11 may in addition to the penalties provided therein, be fined
12 an amount not more than $500,000 or the full street value of
13 the controlled or counterfeit substance or controlled
14 substance analog, whichever is greater. The term "street
15 value" shall have the meaning ascribed in Section 110-5 of
16 the Code of Criminal Procedure of 1963. Any person sentenced
17 with respect to any other provision of subsection (a), may in
18 addition to the penalties provided therein, be fined an
19 amount not to exceed $500,000.
20 (c) Any person who violates this Section with regard to
21 the following amounts of controlled or counterfeit substances
22 or controlled substance analogs, notwithstanding any of the
23 provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
24 to the contrary, is guilty of a Class 1 felony. The fine for
25 violation of this subsection (c) shall not be more than
26 $250,000:
27 (1) 10 or more grams but less than 15 grams of any
28 substance containing heroin, or an analog thereof;
29 (2) 1 gram or more but less than 15 grams of any
30 substance containing cocaine, or an analog thereof;
31 (3) 10 grams or more but less than 15 grams of any
32 substance containing morphine, or an analog thereof;
33 (4) 50 grams or more but less than 200 grams of any
34 substance containing peyote, or an analog thereof;
SB1425 Engrossed -29- LRB9009448RCcd
1 (5) 50 grams or more but less than 200 grams of any
2 substance containing a derivative of barbituric acid or
3 any of the salts of a derivative of barbituric acid, or
4 an analog thereof;
5 (6) 50 grams or more but less than 200 grams of any
6 substance containing amphetamine or methamphetamine or
7 any salt of an optical isomer of amphetamine or
8 methamphetamine, or an analog thereof;
9 (7) (i) 5 grams or more but less than 15 grams of
10 any substance containing lysergic acid diethylamide
11 (LSD), or an analog thereof, or (ii) more than 10 objects
12 or more than 10 segregated parts of an object or objects
13 but less than 15 objects or less than 15 segregated parts
14 of an object containing in them or having upon them any
15 amount of any substance containing lysergic acid
16 diethylamide (LSD), or an analog thereof;
17 (8) 10 grams or more but less than 30 grams of any
18 substance containing pentazocine or any of the salts,
19 isomers and salts of isomers of pentazocine, or an analog
20 thereof;
21 (9) 10 grams or more but less than 30 grams of any
22 substance containing methaqualone or any of the salts,
23 isomers and salts of isomers of methaqualone, or an
24 analog thereof;
25 (10) 10 grams or more but less than 30 grams of any
26 substance containing phencyclidine or any of the salts,
27 isomers and salts of isomers of phencyclidine (PCP), or
28 an analog thereof;
29 (10.5) 10 grams or more but less than 30 grams of
30 any substance containing ketamine or any of the salts,
31 isomers and salts of isomers of ketamine, or an analog
32 thereof;
33 (11) 50 grams or more but less than 200 grams of
34 any substance containing a substance classified in
SB1425 Engrossed -30- LRB9009448RCcd
1 Schedules I or II, or an analog thereof, which is not
2 otherwise included in this subsection.
3 (d) Any person who violates this Section with regard to
4 any other amount of a controlled or counterfeit substance
5 classified in Schedules I or II, or an analog thereof, which
6 is (i) a narcotic drug, or (ii) lysergic acid diethylamide
7 (LSD) or an analog thereof, is guilty of a Class 2 felony.
8 The fine for violation of this subsection (d) shall not be
9 more than $200,000.
10 (e) Any person who violates this Section with regard to
11 any other amount of a controlled or counterfeit substance
12 classified in Schedule I or II, or an analog thereof, which
13 substance is not included under subsection (d) of this
14 Section, is guilty of a Class 3 felony. The fine for
15 violation of this subsection (e) shall not be more than
16 $150,000.
17 (f) Any person who violates this Section with regard to
18 any other amount of a controlled or counterfeit substance
19 classified in Schedule III is guilty of a Class 3 felony. The
20 fine for violation of this subsection (f) shall not be more
21 than $125,000.
22 (g) Any person who violates this Section with regard to
23 any other amount of a controlled or counterfeit substance
24 classified in Schedule IV is guilty of a Class 3 felony. The
25 fine for violation of this subsection (g) shall not be more
26 than $100,000.
27 (h) Any person who violates this Section with regard to
28 any other amount of a controlled or counterfeit substance
29 classified in Schedule V is guilty of a Class 3 felony. The
30 fine for violation of this subsection (h) shall not be more
31 than $75,000.
32 (i) This Section does not apply to the manufacture,
33 possession or distribution of a substance in conformance with
34 the provisions of an approved new drug application or an
SB1425 Engrossed -31- LRB9009448RCcd
1 exemption for investigational use within the meaning of
2 Section 505 of the Federal Food, Drug and Cosmetic Act.
3 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97.)
4 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
5 Sec. 402. Except as otherwise authorized by this Act, it
6 is unlawful for any person knowingly to possess a controlled
7 or counterfeit substance. A violation of this Act with
8 respect to each of the controlled substances listed herein
9 constitutes a single and separate violation of this Act.
10 (a) Any person who violates this Section with respect to
11 the following controlled or counterfeit substances and
12 amounts, notwithstanding any of the provisions of subsection
13 (c) and (d) to the contrary, is guilty of a Class 1 felony
14 and shall, if sentenced to a term of imprisonment, be
15 sentenced as provided in this subsection (a) and fined as
16 provided in subsection (b):
17 (1) (A) not less than 4 years and not more than 15
18 years with respect to 15 grams or more but less than
19 100 grams of a substance containing heroin;
20 (B) not less than 6 years and not more than 30
21 years with respect to 100 grams or more but less
22 than 400 grams of a substance containing heroin;
23 (C) not less than 8 years and not more than 40
24 years with respect to 400 grams or more but less
25 than 900 grams of any substance containing heroin;
26 (D) not less than 10 years and not more than
27 50 years with respect to 900 grams or more of any
28 substance containing heroin;
29 (2) (A) not less than 4 years and not more than 15
30 years with respect to 15 grams or more but less than
31 100 grams of any substance containing cocaine;
32 (B) not less than 6 years and not more than 30
33 years with respect to 100 grams or more but less
SB1425 Engrossed -32- LRB9009448RCcd
1 than 400 grams of any substance containing cocaine;
2 (C) not less than 8 years and not more than 40
3 years with respect to 400 grams or more but less
4 than 900 grams of any substance containing cocaine;
5 (D) not less than 10 years and not more than
6 50 years with respect to 900 grams or more of any
7 substance containing cocaine;
8 (3) (A) not less than 4 years and not more than 15
9 years with respect to 15 grams or more but less than
10 100 grams of any substance containing morphine;
11 (B) not less than 6 years and not more than 30
12 years with respect to 100 grams or more but less
13 than 400 grams of any substance containing morphine;
14 (C) not less than 8 years and not more than 40
15 years with respect to 400 grams or more but less
16 than 900 grams of any substance containing morphine;
17 (D) not less than 10 years and not more than
18 50 years with respect to 900 grams or more of any
19 substance containing morphine;
20 (4) 200 grams or more of any substance containing
21 peyote;
22 (5) 200 grams or more of any substance containing a
23 derivative of barbituric acid or any of the salts of a
24 derivative of barbituric acid;
25 (6) 200 grams or more of any substance containing
26 amphetamine or methamphetamine or any salt of an optical
27 isomer of amphetamine or methamphetamine;
28 (7) (A) not less than 4 years and not more than 15
29 years with respect to: (i) 15 grams or more but less
30 than 100 grams of any substance containing lysergic
31 acid diethylamide (LSD), or an analog thereof, or
32 (ii) 15 or more objects or 15 or more segregated
33 parts of an object or objects but less than 200
34 objects or 200 segregated parts of an object or
SB1425 Engrossed -33- LRB9009448RCcd
1 objects containing in them or having upon them any
2 amount of any substance containing lysergic acid
3 diethylamide (LSD), or an analog thereof;
4 (B) not less than 6 years and not more than 30
5 years with respect to: (i) 100 grams or more but
6 less than 400 grams of any substance containing
7 lysergic acid diethylamide (LSD), or an analog
8 thereof, or (ii) 200 or more objects or 200 or more
9 segregated parts of an object or objects but less
10 than 600 objects or less than 600 segregated parts
11 of an object or objects containing in them or having
12 upon them any amount of any substance containing
13 lysergic acid diethylamide (LSD), or an analog
14 thereof;
15 (C) not less than 8 years and not more than 40
16 years with respect to: (i) 400 grams or more but
17 less than 900 grams of any substance containing
18 lysergic acid diethylamide (LSD), or an analog
19 thereof, or (ii) 600 or more objects or 600 or more
20 segregated parts of an object or objects but less
21 than 1500 objects or 1500 segregated parts of an
22 object or objects containing in them or having upon
23 them any amount of any substance containing lysergic
24 acid diethylamide (LSD), or an analog thereof;
25 (D) not less than 10 years and not more than
26 50 years with respect to: (i) 900 grams or more of
27 any substance containing lysergic acid diethylamide
28 (LSD), or an analog thereof, or (ii) 1500 or more
29 objects or 1500 or more segregated parts of an
30 object or objects containing in them or having upon
31 them any amount of a substance containing lysergic
32 acid diethylamide (LSD), or an analog thereof;
33 (8) 30 grams or more of any substance containing
34 pentazocine or any of the salts, isomers and salts of
SB1425 Engrossed -34- LRB9009448RCcd
1 isomers of pentazocine, or an analog thereof;
2 (9) 30 grams or more of any substance containing
3 methaqualone or any of the salts, isomers and salts of
4 isomers of methaqualone;
5 (10) 30 grams or more of any substance containing
6 phencyclidine or any of the salts, isomers and salts of
7 isomers of phencyclidine (PCP);
8 (10.5) 30 grams or more of any substance containing
9 ketamine or any of the salts, isomers and salts of
10 isomers of ketamine;
11 (11) 200 grams or more of any substance containing
12 any substance classified as a narcotic drug in Schedules
13 I or II which is not otherwise included in this
14 subsection.
15 (b) Any person sentenced with respect to violations of
16 paragraph (1), (2), (3) or (7) of subsection (a) involving
17 100 grams or more of the controlled substance named therein,
18 may in addition to the penalties provided therein, be fined
19 an amount not to exceed $200,000 or the full street value of
20 the controlled or counterfeit substances, whichever is
21 greater. The term "street value" shall have the meaning
22 ascribed in Section 110-5 of the Code of Criminal Procedure
23 of 1963. Any person sentenced with respect to any other
24 provision of subsection (a), may in addition to the penalties
25 provided therein, be fined an amount not to exceed $200,000.
26 (c) Any person who violates this Section with regard to
27 an amount of a controlled or counterfeit substance not set
28 forth in subsection (a) or (d) is guilty of a Class 4 felony.
29 The fine for a violation punishable under this subsection (c)
30 shall not be more than $25,000.
31 (d) Any person who violates this Section with regard to
32 any amount of anabolic steroid is guilty of a Class C
33 misdemeanor for the first offense and a Class B misdemeanor
34 for a subsequent offense committed within 2 years of a prior
SB1425 Engrossed -35- LRB9009448RCcd
1 conviction.
2 Except as otherwise authorized by this Act, it is
3 unlawful for any person knowingly to possess a controlled or
4 counterfeit substance. A violation of this Act with respect
5 to each of the controlled substances listed herein
6 constitutes a single and separate violation of this Act.
7 (a) Any person who violates this Section with respect to
8 the following controlled or counterfeit substances and
9 amounts, notwithstanding any of the provisions of subsection
10 (c) and (d) to the contrary, is guilty of a Class 1 felony
11 and shall, if sentenced to a term of imprisonment, be
12 sentenced as provided in this subsection (a) and fined as
13 provided in subsection (b):
14 (1) (A) not less than 4 years and not more than 15
15 years with respect to 15 grams or more but less than
16 100 grams of a substance containing heroin;
17 (B) not less than 6 years and not more than 30
18 years with respect to 100 grams or more but less
19 than 400 grams of a substance containing heroin;
20 (C) not less than 8 years and not more than 40
21 years with respect to 400 grams or more but less
22 than 900 grams of any substance containing heroin;
23 (D) not less than 10 years and not more than
24 50 years with respect to 900 grams or more of any
25 substance containing heroin;
26 (2) (A) not less than 4 years and not more than 15
27 years with respect to 15 grams or more but less than
28 100 grams of any substance containing cocaine;
29 (B) not less than 6 years and not more than 30
30 years with respect to 100 grams or more but less
31 than 400 grams of any substance containing cocaine;
32 (C) not less than 8 years and not more than 40
33 years with respect to 400 grams or more but less
34 than 900 grams of any substance containing cocaine;
SB1425 Engrossed -36- LRB9009448RCcd
1 (D) not less than 10 years and not more than
2 50 years with respect to 900 grams or more of any
3 substance containing cocaine;
4 (3) (A) not less than 4 years and not more than 15
5 years with respect to 15 grams or more but less than
6 100 grams of any substance containing morphine;
7 (B) not less than 6 years and not more than 30
8 years with respect to 100 grams or more but less
9 than 400 grams of any substance containing morphine;
10 (C) not less than 8 years and not more than 40
11 years with respect to 400 grams or more but less
12 than 900 grams of any substance containing morphine;
13 (D) not less than 10 years and not more than
14 50 years with respect to 900 grams or more of any
15 substance containing morphine;
16 (4) 200 grams or more of any substance containing
17 peyote;
18 (5) 200 grams or more of any substance containing a
19 derivative of barbituric acid or any of the salts of a
20 derivative of barbituric acid;
21 (6) 200 grams or more of any substance containing
22 amphetamine or methamphetamine or any salt of an optical
23 isomer of amphetamine or methamphetamine;
24 (7) (A) not less than 4 years and not more than 15
25 years with respect to: (i) 15 grams or more but less
26 than 100 grams of any substance containing lysergic
27 acid diethylamide (LSD), or an analog thereof, or
28 (ii) 15 or more objects or 15 or more segregated
29 parts of an object or objects but less than 200
30 objects or 200 segregated parts of an object or
31 objects containing in them or having upon them any
32 amount of any substance containing lysergic acid
33 diethylamide (LSD), or an analog thereof;
34 (B) not less than 6 years and not more than 30
SB1425 Engrossed -37- LRB9009448RCcd
1 years with respect to: (i) 100 grams or more but
2 less than 400 grams of any substance containing
3 lysergic acid diethylamide (LSD), or an analog
4 thereof, or (ii) 200 or more objects or 200 or more
5 segregated parts of an object or objects but less
6 than 600 objects or less than 600 segregated parts
7 of an object or objects containing in them or having
8 upon them any amount of any substance containing
9 lysergic acid diethylamide (LSD), or an analog
10 thereof;
11 (C) not less than 8 years and not more than 40
12 years with respect to: (i) 400 grams or more but
13 less than 900 grams of any substance containing
14 lysergic acid diethylamide (LSD), or an analog
15 thereof, or (ii) 600 or more objects or 600 or more
16 segregated parts of an object or objects but less
17 than 1500 objects or 1500 segregated parts of an
18 object or objects containing in them or having upon
19 them any amount of any substance containing lysergic
20 acid diethylamide (LSD), or an analog thereof;
21 (D) not less than 10 years and not more than
22 50 years with respect to: (i) 900 grams or more of
23 any substance containing lysergic acid diethylamide
24 (LSD), or an analog thereof, or (ii) 1500 or more
25 objects or 1500 or more segregated parts of an
26 object or objects containing in them or having upon
27 them any amount of a substance containing lysergic
28 acid diethylamide (LSD), or an analog thereof;
29 (8) 30 grams or more of any substance containing
30 pentazocine or any of the salts, isomers and salts of
31 isomers of pentazocine, or an analog thereof;
32 (9) 30 grams or more of any substance containing
33 methaqualone or any of the salts, isomers and salts of
34 isomers of methaqualone;
SB1425 Engrossed -38- LRB9009448RCcd
1 (10) 30 grams or more of any substance containing
2 phencyclidine or any of the salts, isomers and salts of
3 isomers of phencyclidine (PCP);
4 (10.5) 30 grams or more of any substance containing
5 ketamine or any of the salts, isomers and salts of
6 isomers of ketamine;
7 (11) 200 grams or more of any substance containing
8 any substance classified as a narcotic drug in Schedules
9 I or II which is not otherwise included in this
10 subsection.
11 (b) Any person sentenced with respect to violations of
12 paragraph (1), (2), (3) or (7) of subsection (a) involving
13 100 grams or more of the controlled substance named therein,
14 may in addition to the penalties provided therein, be fined
15 an amount not to exceed $200,000 or the full street value of
16 the controlled or counterfeit substances, whichever is
17 greater. The term "street value" shall have the meaning
18 ascribed in Section 110-5 of the Code of Criminal Procedure
19 of 1963. Any person sentenced with respect to any other
20 provision of subsection (a), may in addition to the penalties
21 provided therein, be fined an amount not to exceed $200,000.
22 (c) Any person who violates this Section with regard to
23 an amount of a controlled or counterfeit substance not set
24 forth in subsection (a) or (d) is guilty of a Class 4 felony.
25 The fine for a violation punishable under this subsection (c)
26 shall not be more than $25,000.
27 (d) Any person who violates this Section with regard to
28 any amount of anabolic steroid is guilty of a Class C
29 misdemeanor for the first offense and a Class B misdemeanor
30 for a subsequent offense committed within 2 years of a prior
31 conviction.
32 (Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97;
33 90-384, eff. 1-1-98; revised 11-13-97.)
SB1425 Engrossed -39- LRB9009448RCcd
1 (720 ILCS 570/405.1) (from Ch. 56 1/2, par. 1405.1)
2 Sec. 405.1. (a) Elements of the offense. A person
3 commits criminal drug conspiracy when, with the intent that
4 an offense set forth in Section 401, Section 402, or Section
5 407 of this Act be committed, he agrees with another to the
6 commission of that offense. No person may be convicted of
7 conspiracy to commit such an offense unless an act in
8 furtherance of such agreement is alleged and proved to have
9 been committed by him or by a co-conspirator.
10 (b) Co-conspirators. It shall not be a defense to
11 conspiracy that the person or persons with whom the accused
12 is alleged to have conspired:
13 (1) Has not been prosecuted or convicted, or
14 (2) Has been convicted of a different offense, or
15 (3) Is not amenable to justice, or
16 (4) Has been acquitted, or
17 (5) Lacked the capacity to commit an offense.
18 (c) Sentence. A person convicted of criminal drug
19 conspiracy may be fined or imprisoned or both, but any term
20 of imprisonment imposed shall be not less than the minimum
21 nor more than the maximum provided for the offense which is
22 the object of the conspiracy.
23 (a) Elements of the offense. A person commits criminal
24 drug conspiracy when, with the intent that an offense set
25 forth in Section 401, Section 402, or Section 407 of this Act
26 be committed, he agrees with another to the commission of
27 that offense. No person may be convicted of conspiracy to
28 commit such an offense unless an act in furtherance of such
29 agreement is alleged and proved to have been committed by him
30 or by a co-conspirator.
31 (b) Co-conspirators. It shall not be a defense to
32 conspiracy that the person or persons with whom the accused
33 is alleged to have conspired:
34 (1) Has not been prosecuted or convicted, or
SB1425 Engrossed -40- LRB9009448RCcd
1 (2) Has been convicted of a different offense, or
2 (3) Is not amenable to justice, or
3 (4) Has been acquitted, or
4 (5) Lacked the capacity to commit an offense.
5 (c) Sentence. A person convicted of criminal drug
6 conspiracy may be fined or imprisoned or both, but any term
7 of imprisonment imposed shall be not less than the minimum
8 nor more than the maximum provided for the offense which is
9 the object of the conspiracy.
10 (Source: P.A. 89-404, eff. 8-20-95.)
11 (720 ILCS 570/505) (from Ch. 56 1/2, par. 1505)
12 Sec. 505. (a) The following are subject to forfeiture:
13 (1) all substances which have been manufactured,
14 distributed, dispensed, or possessed in violation of this
15 Act;
16 (2) all raw materials, products and equipment of
17 any kind which are used, or intended for use in
18 manufacturing, distributing, dispensing, administering or
19 possessing any substance in violation of this Act;
20 (3) all conveyances, including aircraft, vehicles
21 or vessels, which are used, or intended for use, to
22 transport, or in any manner to facilitate the
23 transportation, sale, receipt, possession, or concealment
24 of property described in paragraphs (1) and (2), but:
25 (i) no conveyance used by any person as a
26 common carrier in the transaction of business as a
27 common carrier is subject to forfeiture under this
28 Section unless it appears that the owner or other
29 person in charge of the conveyance is a consenting
30 party or privy to a violation of this Act;
31 (ii) no conveyance is subject to forfeiture
32 under this Section by reason of any act or omission
33 which the owner proves to have been committed or
SB1425 Engrossed -41- LRB9009448RCcd
1 omitted without his knowledge or consent;
2 (iii) a forfeiture of a conveyance encumbered
3 by a bona fide security interest is subject to the
4 interest of the secured party if he neither had
5 knowledge of nor consented to the act or omission;
6 (4) all money, things of value, books, records, and
7 research products and materials including formulas,
8 microfilm, tapes, and data which are used, or intended to
9 be used in violation of this Act;
10 (5) everything of value furnished, or intended to
11 be furnished, in exchange for a substance in violation of
12 this Act, all proceeds traceable to such an exchange, and
13 all moneys, negotiable instruments, and securities used,
14 or intended to be used, to commit or in any manner to
15 facilitate any violation of this Act;
16 (6) all real property, including any right, title,
17 and interest (including, but not limited to, any
18 leasehold interest or the beneficial interest in a land
19 trust) in the whole of any lot or tract of land and any
20 appurtenances or improvements, which is used or intended
21 to be used, in any manner or part, to commit, or in any
22 manner to facilitate the commission of, any violation or
23 act that constitutes a violation of Section 401 or 405 of
24 this Act or that is the proceeds of any violation or act
25 that constitutes a violation of Section 401 or 405 of
26 this Act.
27 (b) Property subject to forfeiture under this Act may be
28 seized by the Director or any peace officer upon process or
29 seizure warrant issued by any court having jurisdiction over
30 the property. Seizure by the Director or any peace officer
31 without process may be made:
32 (1) if the seizure is incident to inspection under
33 an administrative inspection warrant;
34 (2) if the property subject to seizure has been the
SB1425 Engrossed -42- LRB9009448RCcd
1 subject of a prior judgment in favor of the State in a
2 criminal proceeding, or in an injunction or forfeiture
3 proceeding based upon this Act or the Drug Asset
4 Forfeiture Procedure Act;
5 (3) if there is probable cause to believe that the
6 property is directly or indirectly dangerous to health or
7 safety;
8 (4) if there is probable cause to believe that the
9 property is subject to forfeiture under this Act and the
10 property is seized under circumstances in which a
11 warrantless seizure or arrest would be reasonable; or
12 (5) in accordance with the Code of Criminal
13 Procedure of 1963.
14 (c) In the event of seizure pursuant to subsection (b),
15 forfeiture proceedings shall be instituted in accordance with
16 the Drug Asset Forfeiture Procedure Act.
17 (d) Property taken or detained under this Section shall
18 not be subject to replevin, but is deemed to be in the
19 custody of the Director subject only to the order and
20 judgments of the circuit court having jurisdiction over the
21 forfeiture proceedings and the decisions of the State's
22 Attorney under the Drug Asset Forfeiture Procedure Act. When
23 property is seized under this Act, the seizing agency shall
24 promptly conduct an inventory of the seized property and
25 estimate the property's value, and shall forward a copy of
26 the inventory of seized property and the estimate of the
27 property's value to the Director. Upon receiving notice of
28 seizure, the Director may:
29 (1) place the property under seal;
30 (2) remove the property to a place designated by
31 the Director;
32 (3) keep the property in the possession of the
33 seizing agency;
34 (4) remove the property to a storage area for
SB1425 Engrossed -43- LRB9009448RCcd
1 safekeeping or, if the property is a negotiable
2 instrument or money and is not needed for evidentiary
3 purposes, deposit it in an interest bearing account;
4 (5) place the property under constructive seizure
5 by posting notice of pending forfeiture on it, by giving
6 notice of pending forfeiture to its owners and interest
7 holders, or by filing notice of pending forfeiture in any
8 appropriate public record relating to the property; or
9 (6) provide for another agency or custodian,
10 including an owner, secured party, or lienholder, to take
11 custody of the property upon the terms and conditions set
12 by the Director.
13 (e) If the Department of Professional Regulation
14 suspends or revokes a registration, all controlled substances
15 owned or possessed by the registrant at the time of
16 suspension or the effective date of the revocation order may
17 be placed under seal. No disposition may be made of
18 substances under seal until the time for taking an appeal has
19 elapsed or until all appeals have been concluded unless a
20 court, upon application therefor, orders the sale of
21 perishable substances and the deposit of the proceeds of the
22 sale with the court. Upon a revocation rule becoming final,
23 all substances may be forfeited to the Department of
24 Professional Regulation.
25 (f) When property is forfeited under this Act the
26 Director shall sell all such property unless such property is
27 required by law to be destroyed or is harmful to the public,
28 and shall distribute the proceeds of the sale, together with
29 any moneys forfeited or seized, in accordance with subsection
30 (g). However, upon the application of the seizing agency or
31 prosecutor who was responsible for the investigation, arrest
32 or arrests and prosecution which lead to the forfeiture, the
33 Director may return any item of forfeited property to the
34 seizing agency or prosecutor for official use in the
SB1425 Engrossed -44- LRB9009448RCcd
1 enforcement of laws relating to cannabis or controlled
2 substances, if the agency or prosecutor can demonstrate that
3 the item requested would be useful to the agency or
4 prosecutor in their enforcement efforts. When any real
5 property returned to the seizing agency is sold by the agency
6 or its unit of government, the proceeds of the sale shall be
7 delivered to the Director and distributed in accordance with
8 subsection (g).
9 (g) All monies and the sale proceeds of all other
10 property forfeited and seized under this Act shall be
11 distributed as follows:
12 (1) 65% shall be distributed to the metropolitan
13 enforcement group, local, municipal, county, or state law
14 enforcement agency or agencies which conducted or
15 participated in the investigation resulting in the
16 forfeiture. The distribution shall bear a reasonable
17 relationship to the degree of direct participation of the
18 law enforcement agency in the effort resulting in the
19 forfeiture, taking into account the total value of the
20 property forfeited and the total law enforcement effort
21 with respect to the violation of the law upon which the
22 forfeiture is based. Amounts distributed to the agency or
23 agencies shall be used for the enforcement of laws
24 governing cannabis and controlled substances, except that
25 amounts distributed to the Secretary of State shall be
26 deposited into the Secretary of State Evidence Fund to be
27 used as provided in Section 2-115 of the Illinois Vehicle
28 Code.
29 (2)(i) 12.5% shall be distributed to the Office of
30 the State's Attorney of the county in which the
31 prosecution resulting in the forfeiture was instituted,
32 deposited in a special fund in the county treasury and
33 appropriated to the State's Attorney for use in the
34 enforcement of laws governing cannabis and controlled
SB1425 Engrossed -45- LRB9009448RCcd
1 substances. In counties over 3,000,000 population, 25%
2 will be distributed to the Office of the State's Attorney
3 for use in the enforcement of laws governing cannabis and
4 controlled substances. If the prosecution is undertaken
5 solely by the Attorney General, the portion provided
6 hereunder shall be distributed to the Attorney General
7 for use in the enforcement of laws governing cannabis and
8 controlled substances.
9 (ii) 12.5% shall be distributed to the Office of
10 the State's Attorneys Appellate Prosecutor and deposited
11 in the Narcotics Profit Forfeiture Fund of that office to
12 be used for additional expenses incurred in the
13 investigation, prosecution and appeal of cases arising
14 under laws governing cannabis and controlled substances.
15 The Office of the State's Attorneys Appellate Prosecutor
16 shall not receive distribution from cases brought in
17 counties with over 3,000,000 population.
18 (3) 10% shall be retained by the Department of
19 State Police for expenses related to the administration
20 and sale of seized and forfeited property.
21 (h) Species of plants from which controlled substances
22 in Schedules I and II may be derived which have been planted
23 or cultivated in violation of this Act, or of which the
24 owners or cultivators are unknown, or which are wild growths,
25 may be seized and summarily forfeited to the State. The
26 failure, upon demand by the Director or any peace officer, of
27 the person in occupancy or in control of land or premises
28 upon which the species of plants are growing or being stored,
29 to produce registration, or proof that he is the holder
30 thereof, constitutes authority for the seizure and forfeiture
31 of the plants.
32 (a) The following are subject to forfeiture:
33 (1) all substances which have been manufactured,
34 distributed, dispensed, or possessed in violation of this
SB1425 Engrossed -46- LRB9009448RCcd
1 Act;
2 (2) all raw materials, products and equipment of
3 any kind which are used, or intended for use in
4 manufacturing, distributing, dispensing, administering or
5 possessing any substance in violation of this Act;
6 (3) all conveyances, including aircraft, vehicles
7 or vessels, which are used, or intended for use, to
8 transport, or in any manner to facilitate the
9 transportation, sale, receipt, possession, or concealment
10 of property described in paragraphs (1) and (2), but:
11 (i) no conveyance used by any person as a
12 common carrier in the transaction of business as a
13 common carrier is subject to forfeiture under this
14 Section unless it appears that the owner or other
15 person in charge of the conveyance is a consenting
16 party or privy to a violation of this Act;
17 (ii) no conveyance is subject to forfeiture
18 under this Section by reason of any act or omission
19 which the owner proves to have been committed or
20 omitted without his knowledge or consent;
21 (iii) a forfeiture of a conveyance encumbered
22 by a bona fide security interest is subject to the
23 interest of the secured party if he neither had
24 knowledge of nor consented to the act or omission;
25 (4) all money, things of value, books, records, and
26 research products and materials including formulas,
27 microfilm, tapes, and data which are used, or intended to
28 be used in violation of this Act;
29 (5) everything of value furnished, or intended to
30 be furnished, in exchange for a substance in violation of
31 this Act, all proceeds traceable to such an exchange, and
32 all moneys, negotiable instruments, and securities used,
33 or intended to be used, to commit or in any manner to
34 facilitate any violation of this Act;
SB1425 Engrossed -47- LRB9009448RCcd
1 (6) all real property, including any right, title,
2 and interest (including, but not limited to, any
3 leasehold interest or the beneficial interest in a land
4 trust) in the whole of any lot or tract of land and any
5 appurtenances or improvements, which is used or intended
6 to be used, in any manner or part, to commit, or in any
7 manner to facilitate the commission of, any violation or
8 act that constitutes a violation of Section 401 or 405 of
9 this Act or that is the proceeds of any violation or act
10 that constitutes a violation of Section 401 or 405 of
11 this Act.
12 (b) Property subject to forfeiture under this Act may be
13 seized by the Director or any peace officer upon process or
14 seizure warrant issued by any court having jurisdiction over
15 the property. Seizure by the Director or any peace officer
16 without process may be made:
17 (1) if the seizure is incident to inspection under
18 an administrative inspection warrant;
19 (2) if the property subject to seizure has been the
20 subject of a prior judgment in favor of the State in a
21 criminal proceeding, or in an injunction or forfeiture
22 proceeding based upon this Act or the Drug Asset
23 Forfeiture Procedure Act;
24 (3) if there is probable cause to believe that the
25 property is directly or indirectly dangerous to health or
26 safety;
27 (4) if there is probable cause to believe that the
28 property is subject to forfeiture under this Act and the
29 property is seized under circumstances in which a
30 warrantless seizure or arrest would be reasonable; or
31 (5) in accordance with the Code of Criminal
32 Procedure of 1963.
33 (c) In the event of seizure pursuant to subsection (b),
34 forfeiture proceedings shall be instituted in accordance with
SB1425 Engrossed -48- LRB9009448RCcd
1 the Drug Asset Forfeiture Procedure Act.
2 (d) Property taken or detained under this Section shall
3 not be subject to replevin, but is deemed to be in the
4 custody of the Director subject only to the order and
5 judgments of the circuit court having jurisdiction over the
6 forfeiture proceedings and the decisions of the State's
7 Attorney under the Drug Asset Forfeiture Procedure Act. When
8 property is seized under this Act, the seizing agency shall
9 promptly conduct an inventory of the seized property and
10 estimate the property's value, and shall forward a copy of
11 the inventory of seized property and the estimate of the
12 property's value to the Director. Upon receiving notice of
13 seizure, the Director may:
14 (1) place the property under seal;
15 (2) remove the property to a place designated by
16 the Director;
17 (3) keep the property in the possession of the
18 seizing agency;
19 (4) remove the property to a storage area for
20 safekeeping or, if the property is a negotiable
21 instrument or money and is not needed for evidentiary
22 purposes, deposit it in an interest bearing account;
23 (5) place the property under constructive seizure
24 by posting notice of pending forfeiture on it, by giving
25 notice of pending forfeiture to its owners and interest
26 holders, or by filing notice of pending forfeiture in any
27 appropriate public record relating to the property; or
28 (6) provide for another agency or custodian,
29 including an owner, secured party, or lienholder, to take
30 custody of the property upon the terms and conditions set
31 by the Director.
32 (e) If the Department of Professional Regulation
33 suspends or revokes a registration, all controlled substances
34 owned or possessed by the registrant at the time of
SB1425 Engrossed -49- LRB9009448RCcd
1 suspension or the effective date of the revocation order may
2 be placed under seal. No disposition may be made of
3 substances under seal until the time for taking an appeal has
4 elapsed or until all appeals have been concluded unless a
5 court, upon application therefor, orders the sale of
6 perishable substances and the deposit of the proceeds of the
7 sale with the court. Upon a revocation rule becoming final,
8 all substances may be forfeited to the Department of
9 Professional Regulation.
10 (f) When property is forfeited under this Act the
11 Director shall sell all such property unless such property is
12 required by law to be destroyed or is harmful to the public,
13 and shall distribute the proceeds of the sale, together with
14 any moneys forfeited or seized, in accordance with subsection
15 (g). However, upon the application of the seizing agency or
16 prosecutor who was responsible for the investigation, arrest
17 or arrests and prosecution which lead to the forfeiture, the
18 Director may return any item of forfeited property to the
19 seizing agency or prosecutor for official use in the
20 enforcement of laws relating to cannabis or controlled
21 substances, if the agency or prosecutor can demonstrate that
22 the item requested would be useful to the agency or
23 prosecutor in their enforcement efforts. When any real
24 property returned to the seizing agency is sold by the agency
25 or its unit of government, the proceeds of the sale shall be
26 delivered to the Director and distributed in accordance with
27 subsection (g).
28 (g) All monies and the sale proceeds of all other
29 property forfeited and seized under this Act shall be
30 distributed as follows:
31 (1) 65% shall be distributed to the metropolitan
32 enforcement group, local, municipal, county, or state law
33 enforcement agency or agencies which conducted or
34 participated in the investigation resulting in the
SB1425 Engrossed -50- LRB9009448RCcd
1 forfeiture. The distribution shall bear a reasonable
2 relationship to the degree of direct participation of the
3 law enforcement agency in the effort resulting in the
4 forfeiture, taking into account the total value of the
5 property forfeited and the total law enforcement effort
6 with respect to the violation of the law upon which the
7 forfeiture is based. Amounts distributed to the agency or
8 agencies shall be used for the enforcement of laws
9 governing cannabis and controlled substances, except that
10 amounts distributed to the Secretary of State shall be
11 deposited into the Secretary of State Evidence Fund to be
12 used as provided in Section 2-115 of the Illinois Vehicle
13 Code.
14 (2)(i) 12.5% shall be distributed to the Office of
15 the State's Attorney of the county in which the
16 prosecution resulting in the forfeiture was instituted,
17 deposited in a special fund in the county treasury and
18 appropriated to the State's Attorney for use in the
19 enforcement of laws governing cannabis and controlled
20 substances. In counties over 3,000,000 population, 25%
21 will be distributed to the Office of the State's Attorney
22 for use in the enforcement of laws governing cannabis and
23 controlled substances. If the prosecution is undertaken
24 solely by the Attorney General, the portion provided
25 hereunder shall be distributed to the Attorney General
26 for use in the enforcement of laws governing cannabis and
27 controlled substances.
28 (ii) 12.5% shall be distributed to the Office of
29 the State's Attorneys Appellate Prosecutor and deposited
30 in the Narcotics Profit Forfeiture Fund of that office to
31 be used for additional expenses incurred in the
32 investigation, prosecution and appeal of cases arising
33 under laws governing cannabis and controlled substances.
34 The Office of the State's Attorneys Appellate Prosecutor
SB1425 Engrossed -51- LRB9009448RCcd
1 shall not receive distribution from cases brought in
2 counties with over 3,000,000 population.
3 (3) 10% shall be retained by the Department of
4 State Police for expenses related to the administration
5 and sale of seized and forfeited property.
6 (h) Species of plants from which controlled substances
7 in Schedules I and II may be derived which have been planted
8 or cultivated in violation of this Act, or of which the
9 owners or cultivators are unknown, or which are wild growths,
10 may be seized and summarily forfeited to the State. The
11 failure, upon demand by the Director or any peace officer, of
12 the person in occupancy or in control of land or premises
13 upon which the species of plants are growing or being stored,
14 to produce registration, or proof that he is the holder
15 thereof, constitutes authority for the seizure and forfeiture
16 of the plants.
17 (Source: P.A. 88-517; 89-404, eff. 8-20-95.)
18 Section 30. The Code of Criminal Procedure of 1963 is
19 amended by changing Section 107-4 as follows:
20 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
21 Sec. 107-4. Arrest by peace officer from other
22 jurisdiction.
23 (a) As used in this Section:
24 (1) "State" means any state of the United States
25 and the District of Columbia.
26 (2) "Peace Officer" means any peace officer or
27 member of any duly organized State, County, or Municipal
28 peace unit or police force of another state.
29 (3) "Fresh pursuit" means the immediate pursuit of
30 a person who is endeavoring to avoid arrest.
31 (4) "Law enforcement agency" means a municipal
32 police department or county sheriff's office of this
SB1425 Engrossed -52- LRB9009448RCcd
1 State.
2 (a-3) Any peace officer employed by a law enforcement
3 agency of this State may conduct temporary questioning
4 pursuant to Section 107-14 of this Code and may make arrests
5 in any jurisdiction within this State if: (1) the officer is
6 engaged in the investigation of an offense that occurred in
7 the officer's primary jurisdiction and the temporary
8 questioning is conducted or the arrest is made pursuant to
9 that investigation; or (2) the officer, while on duty as a
10 peace officer, becomes personally aware of the immediate
11 commission of a felony or misdemeanor violation of the laws
12 of this State. While acting pursuant to this subsection, an
13 officer has the same authority as within his or her own
14 jurisdiction.
15 (a-7) The law enforcement agency of the county or
16 municipality in which any arrest is made under this Section
17 shall be immediately notified of the arrest.
18 (b) Any peace officer of another state who enters this
19 State in fresh pursuit and continues within this State in
20 fresh pursuit of a person in order to arrest him on the
21 ground that he has committed an offense in the other state
22 has the same authority to arrest and hold the person in
23 custody as peace officers of this State have to arrest and
24 hold a person in custody on the ground that he has committed
25 an offense in this State.
26 (c) If an arrest is made in this State by a peace
27 officer of another state in accordance with the provisions of
28 this Section he shall without unnecessary delay take the
29 person arrested before the circuit court of the county in
30 which the arrest was made. Such court shall conduct a hearing
31 for the purpose of determining the lawfulness of the arrest.
32 If the court determines that the arrest was lawful it shall
33 commit the person arrested, to await for a reasonable time
34 the issuance of an extradition warrant by the Governor of
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1 this State, or admit him to bail for such purpose. If the
2 court determines that the arrest was unlawful it shall
3 discharge the person arrested.
4 Arrest by peace officer from other jurisdiction.
5 (a) As used in this Section:
6 (1) "State" means any State of the United States
7 and the District of Columbia.
8 (2) "Peace Officer" means any peace officer or
9 member of any duly organized State, County, or Municipal
10 peace unit or police force of another State.
11 (3) "Fresh pursuit" means the immediate pursuit of
12 a person who is endeavoring to avoid arrest.
13 (4) "Law enforcement agency" means a municipal
14 police department or county sheriff's office of this
15 State.
16 (a-3) Any peace officer employed by a law enforcement
17 agency of this State may conduct temporary questioning
18 pursuant to Section 107-14 of this Code and may make arrests
19 in any jurisdiction within this State if: (1) the officer is
20 engaged in the investigation of an offense that occurred in
21 the officer's primary jurisdiction and the temporary
22 questioning is conducted or the arrest is made pursuant to
23 that investigation; or (2) the officer, while on duty as a
24 peace officer, becomes personally aware of the immediate
25 commission of a felony or misdemeanor violation of the laws
26 of this State. While acting pursuant to this subsection, an
27 officer has the same authority as within his or her own
28 jurisdiction.
29 (a-7) The law enforcement agency of the county or
30 municipality in which any arrest is made under this Section
31 shall be immediately notified of the arrest.
32 (b) Any peace officer of another State who enters this
33 State in fresh pursuit and continues within this State in
34 fresh pursuit of a person in order to arrest him on the
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1 ground that he has committed an offense in the other State
2 has the same authority to arrest and hold the person in
3 custody as peace officers of this State have to arrest and
4 hold a person in custody on the ground that he has committed
5 an offense in this State.
6 (c) If an arrest is made in this State by a peace
7 officer of another State in accordance with the provisions of
8 this Section he shall without unnecessary delay take the
9 person arrested before the circuit court of the county in
10 which the arrest was made. Such court shall conduct a hearing
11 for the purpose of determining the lawfulness of the arrest.
12 If the court determines that the arrest was lawful it shall
13 commit the person arrested, to await for a reasonable time
14 the issuance of an extradition warrant by the Governor of
15 this State, or admit him to bail for such purpose. If the
16 court determines that the arrest was unlawful it shall
17 discharge the person arrested.
18 (Source: P.A. 89-404, eff. 8-20-95.)
19 Section 35. The Drug Asset Forfeiture Procedure Act is
20 amended by changing Section 9 as follows:
21 (725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
22 Sec. 9. Judicial in rem procedures. If property seized
23 under the provisions of the Illinois Controlled Substances
24 Act or the Cannabis Control Act is non-real property that
25 exceeds $20,000 in value excluding the value of any
26 conveyance, or is real property, or a claimant has filed a
27 claim and a cost bond under subsection (C) of Section 6 of
28 this Act, the following judicial in rem procedures shall
29 apply:
30 (A) If, after a review of the facts surrounding the
31 seizure, the State's Attorney is of the opinion that the
32 seized property is subject to forfeiture, then within 45 days
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1 of the receipt of notice of seizure by the seizing agency or
2 the filing of the claim and cost bond, whichever is later,
3 the State's Attorney shall institute judicial forfeiture
4 proceedings by filing a verified complaint for forfeiture
5 and, if the claimant has filed a claim and cost bond, by
6 depositing the cost bond with the clerk of the court. When
7 authorized by law, a forfeiture must be ordered by a court on
8 an action in rem brought by a State's Attorney under a
9 verified complaint for forfeiture.
10 (B) During the probable cause portion of the judicial in
11 rem proceeding wherein the State presents its case-in-chief,
12 the court must receive and consider, among other things, all
13 relevant hearsay evidence and information. The laws of
14 evidence relating to civil actions shall apply to all other
15 portions of the judicial in rem proceeding.
16 (C) Only an owner of or interest holder in the property
17 may file an answer asserting a claim against the property in
18 the action in rem. For purposes of this Section, the owner
19 or interest holder shall be referred to as claimant.
20 (D) The answer must be signed by the owner or interest
21 holder under penalty of perjury and must set forth:
22 (i) the caption of the proceedings as set forth on
23 the notice of pending forfeiture and the name of the
24 claimant;
25 (ii) the address at which the claimant will accept
26 mail;
27 (iii) the nature and extent of the claimant's
28 interest in the property;
29 (iv) the date, identity of transferor, and
30 circumstances of the claimant's acquisition of the
31 interest in the property;
32 (v) the name and address of all other persons known
33 to have an interest in the property;
34 (vi) the specific provisions of Section 8 of this
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1 Act relied on in asserting it is not subject to
2 forfeiture;
3 (vii) all essential facts supporting each
4 assertion; and
5 (viii) the precise relief sought.
6 (E) The answer must be filed with the court within 45
7 days after service of the civil in rem complaint.
8 (F) The hearing must be held within 60 days after filing
9 of the answer unless continued for good cause.
10 (G) The state shall show the existence of probable cause
11 for forfeiture of the property. If the State shows probable
12 cause, the claimant has the burden of showing by a
13 preponderance of the evidence that the claimant's interest in
14 the property is not subject to forfeiture.
15 (H) If the State does not show existence of probable
16 cause or a claimant has established by a preponderance of
17 evidence that the claimant has an interest that is exempt
18 under Section 8 of this Act, the court shall order the
19 interest in the property returned or conveyed to the claimant
20 and shall order all other property forfeited to the State. If
21 the State does show existence of probable cause and the
22 claimant does not establish by a preponderance of evidence
23 that the claimant has an interest that is exempt under
24 Section 8 of this Act, the court shall order all property
25 forfeited to the State.
26 (I) A defendant convicted in any criminal proceeding is
27 precluded from later denying the essential allegations of the
28 criminal offense of which the defendant was convicted in any
29 proceeding under this Act regardless of the pendency of an
30 appeal from that conviction. However, evidence of the
31 pendency of an appeal is admissible.
32 (J) An acquittal or dismissal in a criminal proceeding
33 shall not preclude civil proceedings under this Act; however,
34 for good cause shown, on a motion by the State's Attorney,
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1 the court may stay civil forfeiture proceedings during the
2 criminal trial for a related criminal indictment or
3 information alleging a violation of the Illinois Controlled
4 Substances Act or the Cannabis Control Act. Such a stay
5 shall not be available pending an appeal. Property subject
6 to forfeiture under the Illinois Controlled Substances Act or
7 the Cannabis Control Act shall not be subject to return or
8 release by a court exercising jurisdiction over a criminal
9 case involving the seizure of such property unless such
10 return or release is consented to by the State's Attorney.
11 (K) All property declared forfeited under this Act vests
12 in this State on the commission of the conduct giving rise to
13 forfeiture together with the proceeds of the property after
14 that time. Any such property or proceeds subsequently
15 transferred to any person remain subject to forfeiture and
16 thereafter shall be ordered forfeited unless the transferee
17 claims and establishes in a hearing under the provisions of
18 this Act that the transferee's interest is exempt under
19 Section 8 of this Act.
20 (L) A civil action under this Act must be commenced
21 within 5 years after the last conduct giving rise to
22 forfeiture became known or should have become known or 5
23 years after the forfeitable property is discovered, whichever
24 is later, excluding any time during which either the property
25 or claimant is out of the State or in confinement or during
26 which criminal proceedings relating to the same conduct are
27 in progress.
28 Judicial in rem procedures. If property seized under the
29 provisions of the Illinois Controlled Substances Act or the
30 Cannabis Control Act is non-real property that exceeds
31 $20,000 in value excluding the value of any conveyance, or is
32 real property, or a claimant has filed a claim and a cost
33 bond under subsection (C) of Section 6 of this Act, the
34 following judicial in rem procedures shall apply:
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1 (A) If, after a review of the facts surrounding the
2 seizure, the State's Attorney is of the opinion that the
3 seized property is subject to forfeiture, then within 45 days
4 of the receipt of notice of seizure by the seizing agency or
5 the filing of the claim and cost bond, whichever is later,
6 the State's Attorney shall institute judicial forfeiture
7 proceedings by filing a verified complaint for forfeiture
8 and, if the claimant has filed a claim and cost bond, by
9 depositing the cost bond with the clerk of the court. When
10 authorized by law, a forfeiture must be ordered by a court on
11 an action in rem brought by a State's Attorney under a
12 verified complaint for forfeiture.
13 (B) During the probable cause portion of the judicial in
14 rem proceeding wherein the State presents its case-in-chief,
15 the court must receive and consider, among other things, all
16 relevant hearsay evidence and information. The laws of
17 evidence relating to civil actions shall apply to all other
18 portions of the judicial in rem proceeding.
19 (C) Only an owner of or interest holder in the property
20 may file an answer asserting a claim against the property in
21 the action in rem. For purposes of this Section, the owner
22 or interest holder shall be referred to as claimant.
23 (D) The answer must be signed by the owner or interest
24 holder under penalty of perjury and must set forth:
25 (i) the caption of the proceedings as set forth on
26 the notice of pending forfeiture and the name of the
27 claimant;
28 (ii) the address at which the claimant will accept
29 mail;
30 (iii) the nature and extent of the claimant's
31 interest in the property;
32 (iv) the date, identity of transferor, and
33 circumstances of the claimant's acquisition of the
34 interest in the property;
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1 (v) the name and address of all other persons known
2 to have an interest in the property;
3 (vi) the specific provisions of Section 8 of this
4 Act relied on in asserting it is not subject to
5 forfeiture;
6 (vii) all essential facts supporting each
7 assertion; and
8 (viii) the precise relief sought.
9 (E) The answer must be filed with the court within 45
10 days after service of the civil in rem complaint.
11 (F) The hearing must be held within 60 days after filing
12 of the answer unless continued for good cause.
13 (G) The state shall show the existence of probable cause
14 for forfeiture of the property. If the State shows probable
15 cause, the claimant has the burden of showing by a
16 preponderance of the evidence that the claimant's interest in
17 the property is not subject to forfeiture.
18 (H) If the State does not show existence of probable
19 cause or a claimant has established by a preponderance of
20 evidence that the claimant has an interest that is exempt
21 under Section 8 of this Act, the court shall order the
22 interest in the property returned or conveyed to the claimant
23 and shall order all other property forfeited to the State. If
24 the State does show existence of probable cause and the
25 claimant does not establish by a preponderance of evidence
26 that the claimant has an interest that is exempt under
27 Section 8 of this Act, the court shall order all property
28 forfeited to the State.
29 (I) A defendant convicted in any criminal proceeding is
30 precluded from later denying the essential allegations of the
31 criminal offense of which the defendant was convicted in any
32 proceeding under this Act regardless of the pendency of an
33 appeal from that conviction. However, evidence of the
34 pendency of an appeal is admissible.
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1 (J) An acquittal or dismissal in a criminal proceeding
2 shall not preclude civil proceedings under this Act; however,
3 for good cause shown, on a motion by the State's Attorney,
4 the court may stay civil forfeiture proceedings during the
5 criminal trial for a related criminal indictment or
6 information alleging a violation of the Illinois Controlled
7 Substances Act or the Cannabis Control Act. Such a stay
8 shall not be available pending an appeal. Property subject
9 to forfeiture under the Illinois Controlled Substances Act or
10 the Cannabis Control Act shall not be subject to return or
11 release by a court exercising jurisdiction over a criminal
12 case involving the seizure of such property unless such
13 return or release is consented to by the State's Attorney.
14 (K) All property declared forfeited under this Act vests
15 in this State on the commission of the conduct giving rise to
16 forfeiture together with the proceeds of the property after
17 that time. Any such property or proceeds subsequently
18 transferred to any person remain subject to forfeiture and
19 thereafter shall be ordered forfeited unless the transferee
20 claims and establishes in a hearing under the provisions of
21 this Act that the transferee's interest is exempt under
22 Section 8 of this Act.
23 (L) A civil action under this Act must be commenced
24 within 5 years after the last conduct giving rise to
25 forfeiture became known or should have become known or 5
26 years after the forfeitable property is discovered, whichever
27 is later, excluding any time during which either the property
28 or claimant is out of the State or in confinement or during
29 which criminal proceedings relating to the same conduct are
30 in progress.
31 (Source: P.A. 89-404, eff. 8-20-95.)
32 Section 40. The Unified Code of Corrections is amended
33 by changing Sections 3-6-3, 5-1-11, 5-2-4, and 5-4-1 and
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1 adding Section 3-6-3.1 as follows:
2 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
3 Sec. 3-6-3. Rules and Regulations for Early Release.
4 (a)(1) The Department of Corrections shall
5 prescribe rules and regulations for the early release on
6 account of good conduct of persons committed to the
7 Department which shall be subject to review by the
8 Prisoner Review Board.
9 (2) The rules and regulations on early release
10 shall provide, with respect to offenses committed on or
11 after the effective date of this amendatory Act of 1998,
12 the following:
13 (i) that a prisoner who is serving a term of
14 imprisonment for first degree murder shall receive
15 no good conduct credit and shall serve the entire
16 sentence imposed by the court;
17 (ii) that a prisoner serving a sentence for
18 attempt to commit first degree murder, solicitation
19 of murder, solicitation of murder for hire,
20 intentional homicide of an unborn child, predatory
21 criminal sexual assault of a child, aggravated
22 criminal sexual assault, criminal sexual assault,
23 aggravated kidnapping, aggravated battery with a
24 firearm, heinous battery, aggravated battery of a
25 senior citizen, or aggravated battery of a child
26 shall receive no more than 4.5 days of good conduct
27 credit for each month of his or her sentence of
28 imprisonment; and
29 (iii) that a prisoner serving a sentence for
30 home invasion, armed robbery, aggravated vehicular
31 hijacking, aggravated discharge of a firearm, or
32 armed violence with a category I weapon or category
33 II weapon, when the court has made and entered a
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1 finding, pursuant to subsection (c-1) of Section
2 5-4-1 of this Code, that the conduct leading to
3 conviction for the enumerated offense resulted in
4 great bodily harm to a victim, shall receive no more
5 than 4.5 days of good conduct credit for each month
6 of his or her sentence of imprisonment.
7 (2.1) For all offenses, other than those enumerated
8 in subdivision (a)(2) committed on or after the effective
9 date of this amendatory Act of 1998, the rules and
10 regulations shall provide that a prisoner who is serving
11 a term of imprisonment shall receive one day of good
12 conduct credit for each day of his or her sentence of
13 imprisonment or recommitment under Section 3-3-9. Each
14 day of good conduct credit shall reduce by one day the
15 prisoner's period of imprisonment or recommitment under
16 Section 3-3-9.
17 (2.2) A prisoner serving a term of natural life
18 imprisonment or a prisoner who has been sentenced to
19 death shall receive no good conduct credit.
20 (3) The rules and regulations shall also provide
21 that the Director may award up to 180 days additional
22 good conduct credit for meritorious service in specific
23 instances as the Director deems proper; except that no
24 more than 90 days of good conduct credit for meritorious
25 service shall be awarded to any prisoner who is serving a
26 sentence for conviction of first degree murder, reckless
27 homicide while under the influence of alcohol or any
28 other drug, aggravated kidnapping, kidnapping, predatory
29 criminal sexual assault of a child, aggravated criminal
30 sexual assault, criminal sexual assault, deviate sexual
31 assault, aggravated criminal sexual abuse, aggravated
32 indecent liberties with a child, indecent liberties with
33 a child, child pornography, heinous battery, aggravated
34 battery of a spouse, aggravated battery of a spouse with
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1 a firearm, stalking, aggravated stalking, aggravated
2 battery of a child, endangering the life or health of a
3 child, cruelty to a child, or narcotic racketeering.
4 Notwithstanding the foregoing, good conduct credit for
5 meritorious service shall not be awarded on a sentence of
6 imprisonment imposed for conviction of one of the
7 offenses enumerated in subdivision (a)(2) when the
8 offense is committed on or after the effective date of
9 this amendatory Act of 1998.
10 (4) The rules and regulations shall also provide
11 that the good conduct credit accumulated and retained
12 under paragraph (2.1) of subsection (a) of this Section
13 by any inmate during specific periods of time in which
14 such inmate is engaged full-time in substance abuse
15 programs, correctional industry assignments, or
16 educational programs provided by the Department under
17 this paragraph (4) and satisfactorily completes the
18 assigned program as determined by the standards of the
19 Department, shall be multiplied by a factor of 1.25 for
20 program participation before August 11, 1993 and 1.50 for
21 program participation on or after that date. However, no
22 inmate shall be eligible for the additional good conduct
23 credit under this paragraph (4) while assigned to a boot
24 camp, mental health unit, or electronic detention, or if
25 convicted of an offense enumerated in paragraph (a)(2) of
26 this Section that is committed on or after the effective
27 date of this amendatory Act of 1998, or first degree
28 murder, a Class X felony, criminal sexual assault, felony
29 criminal sexual abuse, aggravated criminal sexual abuse,
30 aggravated battery with a firearm, or any predecessor or
31 successor offenses with the same or substantially the
32 same elements, or any inchoate offenses relating to the
33 foregoing offenses. No inmate shall be eligible for the
34 additional good conduct credit under this paragraph (4)
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1 who (i) has previously received increased good conduct
2 credit under this paragraph (4) and has subsequently been
3 convicted of a felony, or (ii) has previously served more
4 than one prior sentence of imprisonment for a felony in
5 an adult correctional facility.
6 Educational, vocational, substance abuse and
7 correctional industry programs under which good conduct
8 credit may be increased under this paragraph (4) shall be
9 evaluated by the Department on the basis of documented
10 standards. The Department shall report the results of
11 these evaluations to the Governor and the General
12 Assembly by September 30th of each year. The reports
13 shall include data relating to the recidivism rate among
14 program participants.
15 Availability of these programs shall be subject to
16 the limits of fiscal resources appropriated by the
17 General Assembly for these purposes. Eligible inmates
18 who are denied immediate admission shall be placed on a
19 waiting list under criteria established by the
20 Department. The inability of any inmate to become engaged
21 in any such programs by reason of insufficient program
22 resources or for any other reason established under the
23 rules and regulations of the Department shall not be
24 deemed a cause of action under which the Department or
25 any employee or agent of the Department shall be liable
26 for damages to the inmate.
27 (5) Whenever the Department is to release any
28 inmate earlier than it otherwise would because of a grant
29 of good conduct credit for meritorious service given at
30 any time during the term, the Department shall give
31 reasonable advance notice of the impending release to the
32 State's Attorney of the county where the prosecution of
33 the inmate took place.
34 (b) Whenever a person is or has been committed under
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1 several convictions, with separate sentences, the sentences
2 shall be construed under Section 5-8-4 in granting and
3 forfeiting of good time.
4 (c) The Department shall prescribe rules and regulations
5 for revoking good conduct credit, or suspending or reducing
6 the rate of accumulation of good conduct credit for specific
7 rule violations, during imprisonment. These rules and
8 regulations shall provide that no inmate may be penalized
9 more than one year of good conduct credit for any one
10 infraction.
11 When the Department seeks to revoke, suspend or reduce
12 the rate of accumulation of any good conduct credits for an
13 alleged infraction of its rules, it shall bring charges
14 therefor against the prisoner sought to be so deprived of
15 good conduct credits before the Prisoner Review Board as
16 provided in subparagraph (a)(4) of Section 3-3-2 of this
17 Code, if the amount of credit at issue exceeds 30 days or
18 when during any 12 month period, the cumulative amount of
19 credit revoked exceeds 30 days except where the infraction is
20 committed or discovered within 60 days of scheduled release.
21 In those cases, the Department of Corrections may revoke up
22 to 30 days of good conduct credit. The Board may subsequently
23 approve the revocation of additional good conduct credit, if
24 the Department seeks to revoke good conduct credit in excess
25 of 30 days. However, the Board shall not be empowered to
26 review the Department's decision with respect to the loss of
27 30 days of good conduct credit within any calendar year for
28 any prisoner or to increase any penalty beyond the length
29 requested by the Department.
30 The Director of the Department of Corrections, in
31 appropriate cases, may restore up to 30 days good conduct
32 credits which have been revoked, suspended or reduced. Any
33 restoration of good conduct credits in excess of 30 days
34 shall be subject to review by the Prisoner Review Board.
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1 However, the Board may not restore good conduct credit in
2 excess of the amount requested by the Director.
3 Nothing contained in this Section shall prohibit the
4 Prisoner Review Board from ordering, pursuant to Section
5 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
6 the sentence imposed by the court that was not served due to
7 the accumulation of good conduct credit.
8 (d) If a lawsuit is filed by a prisoner in an Illinois
9 or federal court against the State, the Department of
10 Corrections, or the Prisoner Review Board, or against any of
11 their officers or employees, and the court makes a specific
12 finding that a pleading, motion, or other paper filed by the
13 prisoner is frivolous, the Department of Corrections shall
14 conduct a hearing to revoke up to 180 days of good conduct
15 credit by bringing charges against the prisoner sought to be
16 deprived of the good conduct credits before the Prisoner
17 Review Board as provided in subparagraph (a)(8) of Section
18 3-3-2 of this Code. If the prisoner has not accumulated 180
19 days of good conduct credit at the time of the finding, then
20 the Prisoner Review Board may revoke all good conduct credit
21 accumulated by the prisoner.
22 For purposes of this subsection (d):
23 (1) "Frivolous" means that a pleading, motion, or
24 other filing which purports to be a legal document filed
25 by a prisoner in his or her lawsuit meets any or all of
26 the following criteria:
27 (A) it lacks an arguable basis either in law
28 or in fact;
29 (B) it is being presented for any improper
30 purpose, such as to harass or to cause unnecessary
31 delay or needless increase in the cost of
32 litigation;
33 (C) the claims, defenses, and other legal
34 contentions therein are not warranted by existing
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1 law or by a nonfrivolous argument for the extension,
2 modification, or reversal of existing law or the
3 establishment of new law;
4 (D) the allegations and other factual
5 contentions do not have evidentiary support or, if
6 specifically so identified, are not likely to have
7 evidentiary support after a reasonable opportunity
8 for further investigation or discovery; or
9 (E) the denials of factual contentions are not
10 warranted on the evidence, or if specifically so
11 identified, are not reasonably based on a lack of
12 information or belief.
13 (2) "Lawsuit" means a petition for post conviction
14 relief under Article 122 of the Code of Criminal
15 Procedure of 1963, a motion pursuant to Section 116-3 of
16 the Code of Criminal Procedure of 1963, a habeas corpus
17 action under Article X of the Code of Civil Procedure or
18 under federal law (28 U.S.C. 2254), a petition for claim
19 under the Court of Claims Act or an action under the
20 federal Civil Rights Act (42 U.S.C. 1983).
21 (e) Nothing in this amendatory Act of 1998 affects the
22 validity of Public Act 89-404.
23 (a)(1) The Department of Corrections shall
24 prescribe rules and regulations for the early release on
25 account of good conduct of persons committed to the
26 Department which shall be subject to review by the
27 Prisoner Review Board.
28 (2) The rules and regulations on early release
29 shall provide, with respect to offenses committed on or
30 after the effective date of this amendatory Act of 1995,
31 the following:
32 (i) that a prisoner who is serving a term of
33 imprisonment for first degree murder shall receive
34 no good conduct credit and shall serve the entire
SB1425 Engrossed -68- LRB9009448RCcd
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, or aggravated battery of a child
11 shall receive no more than 4.5 days of good conduct
12 credit for each month of his or her sentence of
13 imprisonment; and
14 (iii) that a prisoner serving a sentence for
15 home invasion, armed robbery, aggravated vehicular
16 hijacking, aggravated discharge of a firearm, or
17 armed violence with a category I weapon or category
18 II weapon, when the court has made and entered a
19 finding, pursuant to subsection (c-1) of Section
20 5-4-1 of this Code, that the conduct leading to
21 conviction for the enumerated offense resulted in
22 great bodily harm to a victim, shall receive no more
23 than 4.5 days of good conduct credit for each month
24 of his or her sentence of imprisonment.
25 (2.1) For all offenses, other than those enumerated
26 in subdivision (a)(2) committed on or after the effective
27 date of this amendatory Act of 1995, the rules and
28 regulations shall provide that a prisoner who is serving
29 a term of imprisonment shall receive one day of good
30 conduct credit for each day of his or her sentence of
31 imprisonment or recommitment under Section 3-3-9. Each
32 day of good conduct credit shall reduce by one day the
33 prisoner's period of imprisonment or recommitment under
34 Section 3-3-9.
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1 (2.2) A prisoner serving a term of natural life
2 imprisonment or a prisoner who has been sentenced to
3 death shall receive no good conduct credit.
4 (3) The rules and regulations shall also provide
5 that the Director may award up to 180 days additional
6 good conduct credit for meritorious service in specific
7 instances as the Director deems proper; except that no
8 more than 90 days of good conduct credit for meritorious
9 service shall be awarded to any prisoner who is serving a
10 sentence for conviction of first degree murder, reckless
11 homicide while under the influence of alcohol or any
12 other drug, aggravated kidnapping, kidnapping, predatory
13 criminal sexual assault of a child, aggravated criminal
14 sexual assault, criminal sexual assault, deviate sexual
15 assault, aggravated criminal sexual abuse, aggravated
16 indecent liberties with a child, indecent liberties with
17 a child, child pornography, heinous battery, aggravated
18 battery of a spouse, aggravated battery of a spouse with
19 a firearm, stalking, aggravated stalking, aggravated
20 battery of a child, endangering the life or health of a
21 child, cruelty to a child, or narcotic racketeering.
22 Notwithstanding the foregoing, good conduct credit for
23 meritorious service shall not be awarded on a sentence of
24 imprisonment imposed for conviction of one of the
25 offenses enumerated in subdivision (a)(2) when the
26 offense is committed on or after the effective date of
27 this amendatory Act of 1995.
28 (4) The rules and regulations shall also provide
29 that the good conduct credit accumulated and retained
30 under paragraph (2.1) of subsection (a) of this Section
31 by any inmate during specific periods of time in which
32 such inmate is engaged full-time in substance abuse
33 programs, correctional industry assignments, or
34 educational programs provided by the Department under
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1 this paragraph (4) and satisfactorily completes the
2 assigned program as determined by the standards of the
3 Department, shall be multiplied by a factor of 1.25 for
4 program participation before the effective date of this
5 amendatory Act of 1993 and 1.50 for program participation
6 on or after that date. However, no inmate shall be
7 eligible for the additional good conduct credit under
8 this paragraph (4) while assigned to a boot camp, mental
9 health unit, or electronic detention, or if convicted of
10 an offense enumerated in paragraph (a)(2) of this Section
11 that is committed on or after the effective date of this
12 amendatory Act of 1995, or first degree murder, a Class X
13 felony, criminal sexual assault, felony criminal sexual
14 abuse, aggravated criminal sexual abuse, aggravated
15 battery with a firearm, or any predecessor or successor
16 offenses with the same or substantially the same
17 elements, or any inchoate offenses relating to the
18 foregoing offenses. No inmate shall be eligible for the
19 additional good conduct credit under this paragraph (4)
20 who (i) has previously received increased good conduct
21 credit under this paragraph (4) and has subsequently been
22 convicted of a felony, or (ii) has previously served more
23 than one prior sentence of imprisonment for a felony in
24 an adult correctional facility.
25 Educational, vocational, substance abuse and
26 correctional industry programs under which good conduct
27 credit may be increased under this paragraph (4) shall be
28 evaluated by the Department on the basis of documented
29 standards. The Department shall report the results of
30 these evaluations to the Governor and the General
31 Assembly by September 30th of each year. The reports
32 shall include data relating to the recidivism rate among
33 program participants.
34 Availability of these programs shall be subject to
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1 the limits of fiscal resources appropriated by the
2 General Assembly for these purposes. Eligible inmates
3 who are denied immediate admission shall be placed on a
4 waiting list under criteria established by the
5 Department. The inability of any inmate to become engaged
6 in any such programs by reason of insufficient program
7 resources or for any other reason established under the
8 rules and regulations of the Department shall not be
9 deemed a cause of action under which the Department or
10 any employee or agent of the Department shall be liable
11 for damages to the inmate.
12 (5) Whenever the Department is to release any
13 inmate earlier than it otherwise would because of a grant
14 of good conduct credit for meritorious service given at
15 any time during the term, the Department shall give
16 reasonable advance notice of the impending release to the
17 State's Attorney of the county where the prosecution of
18 the inmate took place.
19 (b) Whenever a person is or has been committed under
20 several convictions, with separate sentences, the sentences
21 shall be construed under Section 5-8-4 in granting and
22 forfeiting of good time.
23 (c) The Department shall prescribe rules and regulations
24 for revoking good conduct credit, or suspending or reducing
25 the rate of accumulation of good conduct credit for specific
26 rule violations, during imprisonment. These rules and
27 regulations shall provide that no inmate may be penalized
28 more than one year of good conduct credit for any one
29 infraction.
30 When the Department seeks to revoke, suspend or reduce
31 the rate of accumulation of any good conduct credits for an
32 alleged infraction of its rules, it shall bring charges
33 therefor against the prisoner sought to be so deprived of
34 good conduct credits before the Prisoner Review Board as
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1 provided in subparagraph (a)(4) of Section 3-3-2 of this
2 Code, if the amount of credit at issue exceeds 30 days or
3 when during any 12 month period, the cumulative amount of
4 credit revoked exceeds 30 days except where the infraction is
5 committed or discovered within 60 days of scheduled release.
6 In those cases, the Department of Corrections may revoke up
7 to 30 days of good conduct credit. The Board may subsequently
8 approve the revocation of additional good conduct credit, if
9 the Department seeks to revoke good conduct credit in excess
10 of 30 days. However, the Board shall not be empowered to
11 review the Department's decision with respect to the loss of
12 30 days of good conduct credit within any calendar year for
13 any prisoner or to increase any penalty beyond the length
14 requested by the Department.
15 The Director of the Department of Corrections, in
16 appropriate cases, may restore up to 30 days good conduct
17 credits which have been revoked, suspended or reduced. Any
18 restoration of good conduct credits in excess of 30 days
19 shall be subject to review by the Prisoner Review Board.
20 However, the Board may not restore good conduct credit in
21 excess of the amount requested by the Director.
22 Nothing contained in this Section shall prohibit the
23 Prisoner Review Board from ordering, pursuant to Section
24 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
25 the sentence imposed by the court that was not served due to
26 the accumulation of good conduct credit.
27 (d) If a lawsuit is filed by a prisoner in an Illinois
28 or federal court against the State, the Department of
29 Corrections, or the Prisoner Review Board, or against any of
30 their officers or employees, and the court makes a specific
31 finding that a pleading, motion, or other paper filed by the
32 prisoner is frivolous, the Department of Corrections shall
33 conduct a hearing to revoke up to 180 days of good conduct
34 credit by bringing charges against the prisoner sought to be
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1 deprived of the good conduct credits before the Prisoner
2 Review Board as provided in subparagraph (a)(8) of Section
3 3-3-2 of this Code. If the prisoner has not accumulated 180
4 days of good conduct credit at the time of the finding, then
5 the Prisoner Review Board may revoke all good conduct credit
6 accumulated by the prisoner.
7 For purposes of this subsection (d):
8 (1) "Frivolous" means that a pleading, motion, or
9 other filing which purports to be a legal document filed
10 by a prisoner in his or her lawsuit meets any or all of
11 the following criteria:
12 (A) it lacks an arguable basis either in law
13 or in fact;
14 (B) it is being presented for any improper
15 purpose, such as to harass or to cause unnecessary
16 delay or needless increase in the cost of
17 litigation;
18 (C) the claims, defenses, and other legal
19 contentions therein are not warranted by existing
20 law or by a nonfrivolous argument for the extension,
21 modification, or reversal of existing law or the
22 establishment of new law;
23 (D) the allegations and other factual
24 contentions do not have evidentiary support or, if
25 specifically so identified, are not likely to have
26 evidentiary support after a reasonable opportunity
27 for further investigation or discovery; or
28 (E) the denials of factual contentions are not
29 warranted on the evidence, or if specifically so
30 identified, are not reasonably based on a lack of
31 information or belief.
32 (2) "Lawsuit" means a petition for post conviction
33 relief under Article 122 of the Code of Criminal
34 Procedure of 1963, a motion pursuant to Section 116-3 of
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1 the Code of Criminal Procedure of 1963, a habeas corpus
2 action under Article X of the Code of Civil Procedure or
3 under federal law (28 U.S.C. 2254), a petition for claim
4 under the Court of Claims Act or an action under the
5 federal Civil Rights Act (42 U.S.C. 1983).
6 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
7 89-462, eff. 5-29-96; 89-656, eff. 1-1-97; 90-141, eff.
8 1-1-98; 90-505, eff. 8-19-97; revised 10-7-97.)
9 (730 ILCS 5/3-6-3.1)
10 Sec. 3-6-3.1. Truth-in-Sentencing Commission.
11 (a) Legislative findings. The General Assembly finds
12 that violent crime continues to be a severe problem in
13 Illinois. Criminals sentenced to prison for violating the
14 laws of Illinois are often released after serving a fraction
15 of their sentence under Illinois' early release statute. The
16 early release of criminals from prison after they are
17 sentenced to longer terms in court misleads the public as
18 well as victims of crime. Many of these criminals return to
19 a life of crime immediately upon their early release from
20 prison, committing violent acts including murder and rape.
21 Public safety, as well as the integrity of the justice
22 system, demands that criminals serve the sentences handed
23 down by the courts, and that a Truth-in-Sentencing Commission
24 be established to effectuate this goal.
25 (b) Truth-in-Sentencing Commission. There is created
26 the Illinois Truth-in-Sentencing Commission, to consist of 13
27 members as follows:
28 (1) Three members appointed by the Governor, one of
29 whom shall be a member of the faculty of an accredited
30 Illinois law school;
31 (2) The Attorney General or his or her designee;
32 (3) One member appointed by the President of the
33 Senate;
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1 (4) One member appointed by the Minority Leader of
2 the Senate;
3 (5) One member appointed by the Speaker of the
4 House of Representatives;
5 (6) One member appointed by the Minority Leader of
6 the House of Representatives;
7 (7) The Director of the Illinois Department of
8 Corrections or his or her designee;
9 (8) The State's Attorney of Cook County or his or
10 her designee;
11 (9) The Executive Director of the Illinois Criminal
12 Justice Information Authority or his or her designee;
13 (10) The President of the Illinois State's
14 Attorneys Association; and
15 (11) The President of the Illinois Association of
16 Chiefs of Police.
17 All appointments shall be filed with the Secretary of
18 State by the appointing authority.
19 (c) Duties of the Commission. This Commission shall:
20 (1) develop and monitor legislation facilitating
21 the implementation of Truth-in-Sentencing laws which
22 require criminals to serve at least 85% of their
23 court-imposed sentences, using any information and
24 recommendations available regarding those laws;
25 (2) review the funding provisions of the Violent
26 Crime Control Act of 1994, and any subsequent federal
27 legislation of a comparable nature, to comment in
28 appropriate federal rulemaking and legislative processes
29 on State law enforcement, correctional, and fiscal
30 concerns, and, upon the finalization of federal
31 requirements, to determine what is required to obtain
32 maximum federal funding to assist the State in
33 implementing Truth-in-Sentencing laws; and
34 (3) study the possibility of changing sentences in
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1 order to more accurately reflect the actual time spent in
2 prison, while preserving the system's ability to punish
3 criminals justly and equitably.
4 (d) Organization. The Commission shall elect a Chair
5 and Vice-Chair from among its members at its first meeting.
6 The members of the Commission shall serve without
7 compensation but shall be reimbursed for reasonable expenses
8 incurred in the course of performing their duties.
9 (e) Intergovernmental cooperation. The Illinois
10 Criminal Justice Information Authority shall assist the
11 Commission with any and all research and drafting necessary
12 to fulfill its duties. The Illinois Department of
13 Corrections shall give any reasonable assistance to the
14 Commission, including making available all pertinent
15 statistical information at the Department's disposal.
16 (f) The Commission shall present a full report and a
17 draft of appropriate Truth-in-Sentencing legislation to the
18 Governor and the General Assembly no later than September 30,
19 1998.
20 (a) Legislative findings. The General Assembly finds
21 that violent crime continues to be a severe problem in
22 Illinois. Criminals sentenced to prison for violating the
23 laws of Illinois are often released after serving a fraction
24 of their sentence under Illinois' early release statute. The
25 early release of criminals from prison after they are
26 sentenced to longer terms in court misleads the public as
27 well as victims of crime. Many of these criminals return to
28 a life of crime immediately upon their early release from
29 prison, committing violent acts including murder and rape.
30 Public safety, as well as the integrity of the justice
31 system, demands that criminals serve the sentences handed
32 down by the courts, and that a Truth-in-Sentencing Commission
33 be established to effectuate this goal.
34 (b) Truth-in-Sentencing Commission. There is created
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1 the Illinois Truth-in-Sentencing Commission, to consist of 13
2 members as follows:
3 (1) Three members appointed by the Governor, one of
4 whom shall be a member of the faculty of an accredited
5 Illinois law school;
6 (2) The Attorney General or his or her designee;
7 (3) One member appointed by the President of the
8 Senate;
9 (4) One member appointed by the Minority Leader of
10 the Senate;
11 (5) One member appointed by the Speaker of the
12 House of Representatives;
13 (6) One member appointed by the Minority Leader of
14 the House of Representatives;
15 (7) The Director of the Illinois Department of
16 Corrections or his or her designee;
17 (8) The State's Attorney of Cook County or his or
18 her designee;
19 (9) The Executive Director of the Illinois Criminal
20 Justice Information Authority or his or her designee;
21 (10) The President of the Illinois State's
22 Attorneys Association; and
23 (11) The President of the Illinois Association of
24 Chiefs of Police.
25 All appointments shall be filed with the Secretary of
26 State by the appointing authority.
27 (c) Duties of the Commission. This Commission shall:
28 (1) develop and monitor legislation facilitating
29 the implementation of Truth-in-Sentencing laws which
30 require criminals to serve at least 85% of their
31 court-imposed sentences, using any information and
32 recommendations available regarding those laws;
33 (2) review the funding provisions of the Violent
34 Crime Control Act of 1994, and any subsequent federal
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1 legislation of a comparable nature, to comment in
2 appropriate federal rulemaking and legislative processes
3 on State law enforcement, correctional, and fiscal
4 concerns, and, upon the finalization of federal
5 requirements, to determine what is required to obtain
6 maximum federal funding to assist the State in
7 implementing Truth-in-Sentencing laws; and
8 (3) study the possibility of changing sentences in
9 order to more accurately reflect the actual time spent in
10 prison, while preserving the system's ability to punish
11 criminals justly and equitably.
12 (d) Organization. The Commission shall elect a Chair
13 and Vice-Chair from among its members at its first meeting.
14 The members of the Commission shall serve without
15 compensation but shall be reimbursed for reasonable expenses
16 incurred in the course of performing their duties.
17 (e) Intergovernmental cooperation. The Illinois
18 Criminal Justice Information Authority shall assist the
19 Commission with any and all research and drafting necessary
20 to fulfill its duties. The Illinois Department of
21 Corrections shall give any reasonable assistance to the
22 Commission, including making available all pertinent
23 statistical information at the Department's disposal.
24 (f) The Commission shall present a full report and a
25 draft of appropriate Truth-in-Sentencing legislation to the
26 Governor and the General Assembly no later than March 1,
27 1997.
28 (Source: P.A. 89-404, eff. 8-20-95; 89-428, eff. 12-13-95;
29 89-689, eff. 12-31-96.)
30 (730 ILCS 5/5-1-11) (from Ch. 38, par. 1005-1-11)
31 Sec. 5-1-11. Insanity.
32 "Insanity" means the lack of a substantial capacity to
33 appreciate the criminality of one's conduct as a result of
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1 mental disorder or mental defect.
2 Insanity.
3 "Insanity" means the lack of a substantial capacity to
4 appreciate the criminality of one's conduct as a result of
5 mental disorder or mental defect.
6 (Source: P.A. 89-404, eff. 8-20-95.)
7 (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
8 Sec. 5-2-4. Proceedings after Acquittal by Reason of
9 Insanity.
10 (a) After a finding or verdict of not guilty by reason
11 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
12 of Criminal Procedure of 1963, the defendant shall be ordered
13 to the Department of Human Services for an evaluation as to
14 whether he is subject to involuntary admission or in need of
15 mental health services. The order shall specify whether the
16 evaluation shall be conducted on an inpatient or outpatient
17 basis. If the evaluation is to be conducted on an inpatient
18 basis, the defendant shall be placed in a secure setting
19 unless the Court determines that there are compelling reasons
20 why such placement is not necessary. After the evaluation and
21 during the period of time required to determine the
22 appropriate placement, the defendant shall remain in jail.
23 Upon completion of the placement process the sheriff shall
24 be notified and shall transport the defendant to the
25 designated facility.
26 The Department shall provide the Court with a report of
27 its evaluation within 30 days of the date of this order. The
28 Court shall hold a hearing as provided under the Mental
29 Health and Developmental Disabilities Code to determine if
30 the individual is: (a) subject to involuntary admission; (b)
31 in need of mental health services on an inpatient basis; (c)
32 in need of mental health services on an outpatient basis; (d)
33 a person not in need of mental health services. The Court
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1 shall enter its findings.
2 If the defendant is found to be subject to involuntary
3 admission or in need of mental health services on an
4 inpatient care basis, the Court shall order the defendant to
5 the Department of Human Services. The defendant shall be
6 placed in a secure setting unless the Court determines that
7 there are compelling reasons why such placement is not
8 necessary. Such defendants placed in a secure setting shall
9 not be permitted outside the facility's housing unit unless
10 escorted or accompanied by personnel of the Department of
11 Human Services or with the prior approval of the Court for
12 unsupervised on-grounds privileges as provided herein. Any
13 defendant placed in a secure setting pursuant to this
14 Section, transported to court hearings or other necessary
15 appointments off facility grounds by personnel of the
16 Department of Human Services, may be placed in security
17 devices or otherwise secured during the period of
18 transportation to assure secure transport of the defendant
19 and the safety of Department of Human Services personnel and
20 others. These security measures shall not constitute
21 restraint as defined in the Mental Health and Developmental
22 Disabilities Code. If the defendant is found to be in need
23 of mental health services, but not on an inpatient care
24 basis, the Court shall conditionally release the defendant,
25 under such conditions as set forth in this Section as will
26 reasonably assure the defendant's satisfactory progress in
27 treatment or rehabilitation and the safety of the defendant
28 or others. If the Court finds the person not in need of
29 mental health services, then the Court shall order the
30 defendant discharged from custody.
31 (1) Definitions: For the purposes of this Section:
32 (A) "Subject to involuntary admission" means: a
33 defendant has been found not guilty by reason of
34 insanity; and
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1 (i) who is mentally ill and who because of his
2 mental illness is reasonably expected to inflict
3 serious physical harm upon himself or another in the
4 near future; or
5 (ii) who is mentally ill and who because of
6 his illness is unable to provide for his basic
7 physical needs so as to guard himself from serious
8 harm.
9 (B) "In need of mental health services on an
10 inpatient basis" means: a defendant who has been found
11 not guilty by reason of insanity who is not subject to
12 involuntary admission but who is reasonably expected to
13 inflict serious physical harm upon himself or another and
14 who would benefit from inpatient care or is in need of
15 inpatient care.
16 (C) "In need of mental health services on an
17 outpatient basis" means: a defendant who has been found
18 not guilty by reason of insanity who is not subject to
19 involuntary admission or in need of mental health
20 services on an inpatient basis, but is in need of
21 outpatient care, drug and/or alcohol rehabilitation
22 programs, community adjustment programs, individual,
23 group, or family therapy, or chemotherapy.
24 (D) "Conditional Release" means: the release from
25 either the custody of the Department of Human Services or
26 the custody of the Court of a person who has been found
27 not guilty by reason of insanity under such conditions as
28 the court may impose which reasonably assure the
29 defendant's satisfactory progress in treatment or
30 habilitation and the safety of the defendant and others.
31 The Court shall consider such terms and conditions which
32 may include, but need not be limited to, outpatient care,
33 alcoholic and drug rehabilitation programs, community
34 adjustment programs, individual, group, family, and
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1 chemotherapy, periodic checks with the legal authorities
2 and/or the Department of Human Services. The person or
3 facility rendering the outpatient care shall be required
4 to periodically report to the Court on the progress of
5 the defendant. Such conditional release shall be for a
6 period of five years, unless the defendant, the person or
7 facility rendering the treatment, therapy, program or
8 outpatient care, or the State's Attorney petitions the
9 Court for an extension of the conditional release period
10 for an additional three years. Upon receipt of such a
11 petition, the Court shall hold a hearing consistent with
12 the provisions of this paragraph (a) and paragraph (f) of
13 this Section, shall determine whether the defendant
14 should continue to be subject to the terms of conditional
15 release, and shall enter an order either extending the
16 defendant's period of conditional release for a single
17 additional three year period or discharging the
18 defendant. In no event shall the defendant's period of
19 conditional release exceed eight years. These provisions
20 for extension of conditional release shall only apply to
21 defendants conditionally released on or after July 1,
22 1979. However the extension provisions of Public Act
23 83-1449 apply only to defendants charged with a forcible
24 felony.
25 (E) "Facility director" means the chief officer of
26 a mental health or developmental disabilities facility or
27 his or her designee or the supervisor of a program of
28 treatment or habilitation or his or her designee.
29 "Designee" may include a physician, clinical
30 psychologist, social worker, or nurse.
31 (b) If the Court finds the defendant subject to
32 involuntary admission or in need of mental health services on
33 an inpatient basis, the admission, detention, care, treatment
34 or habilitation, review proceedings, and discharge of the
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1 defendant after such order shall be under the Mental Health
2 and Developmental Disabilities Code, except that the initial
3 order for admission of a defendant acquitted of a felony by
4 reason of insanity shall be for an indefinite period of time.
5 Such period of commitment shall not exceed the maximum length
6 of time that the defendant would have been required to serve,
7 less credit for good behavior, before becoming eligible for
8 release had he been convicted of and received the maximum
9 sentence for the most serious crime for which he has been
10 acquitted by reason of insanity. The Court shall determine
11 the maximum period of commitment by an appropriate order.
12 During this period of time, the defendant shall not be
13 permitted to be in the community in any manner, including but
14 not limited to off-grounds privileges, with or without escort
15 by personnel of the Department of Human Services,
16 unsupervised on-grounds privileges, discharge or conditional
17 or temporary release, except by a plan as provided in this
18 Section. In no event shall a defendant's continued
19 unauthorized absence be a basis for discharge. Not more than
20 30 days after admission and every 60 days thereafter so long
21 as the initial order remains in effect, the facility director
22 shall file a treatment plan with the court. Such plan shall
23 include an evaluation of the defendant's progress and the
24 extent to which he is benefiting from treatment. Such plan
25 may also include unsupervised on-grounds privileges,
26 off-grounds privileges (with or without escort by personnel
27 of the Department of Human Services), home visits and
28 participation in work programs, but only where such
29 privileges have been approved by specific court order, which
30 order may include such conditions on the defendant as the
31 Court may deem appropriate and necessary to reasonably assure
32 the defendant's satisfactory progress in treatment and the
33 safety of the defendant and others.
34 (c) Every defendant acquitted of a felony by reason of
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1 insanity and subsequently found to be subject to involuntary
2 admission or in need of mental health services shall be
3 represented by counsel in all proceedings under this Section
4 and under the Mental Health and Developmental Disabilities
5 Code.
6 (1) The court shall appoint as counsel the public
7 defender or an attorney licensed by this State.
8 (2) Upon filing with the court of a verified
9 statement of legal services rendered by the private
10 attorney appointed pursuant to paragraph (1) of this
11 subsection, the court shall determine a reasonable fee
12 for such services. If the defendant is unable to pay the
13 fee, the court shall enter an order upon the State to pay
14 the entire fee or such amount as the defendant is unable
15 to pay from funds appropriated by the General Assembly
16 for that purpose.
17 (d) When the facility director determines that:
18 (1) the defendant is no longer subject to
19 involuntary admission or in need of mental health
20 services on an inpatient basis; and
21 (2) the defendant may be conditionally released
22 because he or she is still in need of mental health
23 services or that the defendant may be discharged as not
24 in need of any mental health services; or
25 (3) the defendant no longer requires placement in a
26 secure setting;
27 the facility director shall give written notice to the Court,
28 State's Attorney and defense attorney. Such notice shall set
29 forth in detail the basis for the recommendation of the
30 facility director, and specify clearly the recommendations,
31 if any, of the facility director, concerning conditional
32 release. Within 30 days of the notification by the facility
33 director, the Court shall set a hearing and make a finding as
34 to whether the defendant is:
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1 (i) subject to involuntary admission; or
2 (ii) in need of mental health services in the form
3 of inpatient care; or
4 (iii) in need of mental health services but not
5 subject to involuntary admission or inpatient care; or
6 (iv) no longer in need of mental health services;
7 or
8 (v) no longer requires placement in a secure
9 setting.
10 Upon finding by the Court, the Court shall enter its
11 findings and such appropriate order as provided in subsection
12 (a) of this Section.
13 (e) A defendant admitted pursuant to this Section, or
14 any person on his behalf, may file a petition for transfer
15 to a non-secure setting within the Department of Human
16 Services or discharge or conditional release under the
17 standards of this Section in the court which rendered the
18 verdict. Upon receipt of a petition for transfer to a
19 non-secure setting or discharge or conditional release, the
20 court shall set a hearing to be held within 120 days.
21 Thereafter, no new petition may be filed for 120 days without
22 leave of the court.
23 (f) The court shall direct that notice of the time and
24 place of the hearing be served upon the defendant, the
25 facility director, the State's Attorney, and the defendant's
26 attorney. If requested by either the State or the defense or
27 if the Court feels it is appropriate, an impartial
28 examination of the defendant by a psychiatrist or clinical
29 psychologist as defined in Section 1-103 of the Mental Health
30 and Developmental Disabilities Code who is not in the employ
31 of the Department of Human Services shall be ordered, and the
32 report considered at the time of the hearing.
33 (g) The findings of the court shall be established by
34 clear and convincing evidence. The burden of proof and the
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1 burden of going forth with the evidence rest with the State
2 when a hearing is held to review the determination of the
3 facility director that the defendant should be transferred to
4 a non-secure setting, discharged or conditionally released.
5 The burden of proof and the burden of going forth with the
6 evidence rest on the defendant when a hearing is held to
7 review a petition filed by or on behalf of such defendant.
8 The evidence shall be presented in open court with the right
9 of confrontation and cross-examination.
10 (h) If the court finds that the defendant is no longer
11 in need of mental health services it shall order the facility
12 director to discharge the defendant. If the Court finds that
13 the defendant is in need of mental health services, and no
14 longer in need of inpatient care, it shall order the facility
15 director to release the defendant under such conditions as
16 the Court deems appropriate and as provided by this Section.
17 Such conditional release shall be imposed for a period of
18 five years and shall be subject to later modification by the
19 court as provided by this Section. If the court finds that
20 the defendant is subject to involuntary admission or in need
21 of mental health services on an inpatient basis, it shall
22 order the facility director not to discharge or release the
23 defendant in accordance with paragraph (b) of this Section.
24 (i) If within the period of the defendant's conditional
25 release, the court determines, after hearing evidence, that
26 the defendant has not fulfilled the conditions of release,
27 the court shall order a hearing to be held consistent with
28 the provisions of paragraph (f) and (g) of this Section. At
29 such hearing, if the court finds that the defendant is
30 subject to involuntary admission or in need of mental health
31 services on an inpatient basis, it shall enter an order
32 remanding him or her to the Department of Human Services or
33 other facility. If the defendant is remanded to the
34 Department of Human Services, he or she shall be placed in a
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1 secure setting unless the court determines that there are
2 compelling reasons that such placement is not necessary. If
3 the court finds that the defendant continues to be in need
4 of mental health services but not on an inpatient basis, it
5 may modify the conditions of the original release in order to
6 reasonably assure the defendant's satisfactory progress in
7 treatment and his or her safety and the safety of others. In
8 no event shall such conditional release be longer than eight
9 years. Nothing in this Section shall limit a court's contempt
10 powers or any other powers of a court.
11 (j) An order of admission under this Section does not
12 affect the remedy of habeas corpus.
13 (k) In the event of a conflict between this Section and
14 the Mental Health and Developmental Disabilities Code or the
15 Mental Health and Developmental Disabilities Confidentiality
16 Act, the provisions of this Section shall govern.
17 (l) This amendatory Act shall apply to all persons who
18 have been found not guilty by reason of insanity and who are
19 presently committed to the Department of Mental Health and
20 Developmental Disabilities (now the Department of Human
21 Services).
22 (m) The Clerk of the court shall, after the entry of an
23 order of transfer to a non-secure setting of the Department
24 of Human Services or discharge or conditional release,
25 transmit a certified copy of the order to the Department of
26 Human Services, and the sheriff of the county from which the
27 defendant was admitted. In cases where the arrest of the
28 defendant or the commission of the offense took place in any
29 municipality with a population of more than 25,000 persons,
30 the Clerk of the court shall also transmit a certified copy
31 of the order of discharge or conditional release to the
32 proper law enforcement agency for said municipality provided
33 the municipality has requested such notice in writing.
34 Proceedings after Acquittal by Reason of Insanity.
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1 (a) After a finding or verdict of not guilty by reason
2 of insanity under Sections 104-25, 115-3 or 115-4 of The Code
3 of Criminal Procedure of 1963, the defendant shall be ordered
4 to the Department of Human Services for an evaluation as to
5 whether he is subject to involuntary admission or in need of
6 mental health services. The order shall specify whether the
7 evaluation shall be conducted on an inpatient or outpatient
8 basis. If the evaluation is to be conducted on an inpatient
9 basis, the defendant shall be placed in a secure setting
10 unless the Court determines that there are compelling reasons
11 why such placement is not necessary. After the evaluation and
12 during the period of time required to determine the
13 appropriate placement, the defendant shall remain in jail.
14 Upon completion of the placement process the sheriff shall
15 be notified and shall transport the defendant to the
16 designated facility.
17 The Department shall provide the Court with a report of
18 its evaluation within 30 days of the date of this order. The
19 Court shall hold a hearing as provided under the Mental
20 Health and Developmental Disabilities Code to determine if
21 the individual is: (a) subject to involuntary admission; (b)
22 in need of mental health services on an inpatient basis; (c)
23 in need of mental health services on an outpatient basis; (d)
24 a person not in need of mental health services. The Court
25 shall enter its findings.
26 If the defendant is found to be subject to involuntary
27 admission or in need of mental health services on an
28 inpatient care basis, the Court shall order the defendant to
29 the Department of Human Services. The defendant shall be
30 placed in a secure setting unless the Court determines that
31 there are compelling reasons why such placement is not
32 necessary. Such defendants placed in a secure setting shall
33 not be permitted outside the facility's housing unit unless
34 escorted or accompanied by personnel of the Department of
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1 Human Services or with the prior approval of the Court for
2 unsupervised on-grounds privileges as provided herein. Any
3 defendant placed in a secure setting pursuant to this
4 Section, transported to court hearings or other necessary
5 appointments off facility grounds by personnel of the
6 Department of Human Services, may be placed in security
7 devices or otherwise secured during the period of
8 transportation to assure secure transport of the defendant
9 and the safety of Department of Human Services personnel and
10 others. These security measures shall not constitute
11 restraint as defined in the Mental Health and Developmental
12 Disabilities Code. If the defendant is found to be in need
13 of mental health services, but not on an inpatient care
14 basis, the Court shall conditionally release the defendant,
15 under such conditions as set forth in this Section as will
16 reasonably assure the defendant's satisfactory progress in
17 treatment or rehabilitation and the safety of the defendant
18 or others. If the Court finds the person not in need of
19 mental health services, then the Court shall order the
20 defendant discharged from custody.
21 (1) Definitions: For the purposes of this Section:
22 (A) "Subject to involuntary admission" means: A
23 defendant has been found not guilty by reason of
24 insanity; and
25 (i) who is mentally ill and who because of his
26 mental illness is reasonably expected to inflict
27 serious physical harm upon himself or another in the
28 near future; or
29 (ii) who is mentally ill and who because of
30 his illness is unable to provide for his basic
31 physical needs so as to guard himself from serious
32 harm.
33 (B) "In need of mental health services on an
34 inpatient basis" means: a defendant who has been found
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1 not guilty by reason of insanity who is not subject to
2 involuntary admission but who is reasonably expected to
3 inflict serious physical harm upon himself or another and
4 who would benefit from inpatient care or is in need of
5 inpatient care.
6 (C) "In need of mental health services on an
7 outpatient basis" means: a defendant who has been found
8 not guilty by reason of insanity who is not subject to
9 involuntary admission or in need of mental health
10 services on an inpatient basis, but is in need of
11 outpatient care, drug and/or alcohol rehabilitation
12 programs, community adjustment programs, individual,
13 group, or family therapy, or chemotherapy.
14 (D) "Conditional Release" means: the release from
15 either the custody of the Department of Human Services or
16 the custody of the Court of a person who has been found
17 not guilty by reason of insanity under such conditions as
18 the court may impose which reasonably assure the
19 defendant's satisfactory progress in treatment or
20 habilitation and the safety of the defendant and others.
21 The Court shall consider such terms and conditions which
22 may include, but need not be limited to, outpatient care,
23 alcoholic and drug rehabilitation programs, community
24 adjustment programs, individual, group, family, and
25 chemotherapy, periodic checks with the legal authorities
26 and/or the Department of Human Services. The person or
27 facility rendering the outpatient care shall be required
28 to periodically report to the Court on the progress of
29 the Defendant. Such conditional release shall be for a
30 period of five years, unless the defendant, the person or
31 facility rendering the treatment, therapy, program or
32 outpatient care, or the State's attorney petitions the
33 Court for an extension of the conditional release period
34 for an additional three years. Upon receipt of such a
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1 petition, the Court shall hold a hearing consistent with
2 the provisions of this paragraph (a) and paragraph (f) of
3 this Section, shall determine whether the defendant
4 should continue to be subject to the terms of conditional
5 release, and shall enter an order either extending the
6 defendant's period of conditional release for a single
7 additional three year period or discharging the
8 defendant. In no event shall the defendant's period of
9 conditional release exceed eight years. These provisions
10 for extension of conditional release shall only apply to
11 defendants conditionally released on or after July 1,
12 1979. However the extension provisions of this amendatory
13 Act of 1984 apply only to defendants charged with a
14 forcible felony.
15 (E) "Facility director" means the chief officer of
16 a mental health or developmental disabilities facility or
17 his or her designee or the supervisor of a program of
18 treatment or habilitation or his or her designee.
19 "Designee" may include a physician, clinical
20 psychologist, social worker, or nurse.
21 (b) If the Court finds the defendant subject to
22 involuntary admission or in need of mental health services on
23 an inpatient basis, the admission, detention, care, treatment
24 or habilitation, review proceedings, and discharge of the
25 defendant after such order shall be under the Mental Health
26 and Developmental Disabilities Code, except that the initial
27 order for admission of a defendant acquitted of a felony by
28 reason of insanity shall be for an indefinite period of time.
29 Such period of commitment shall not exceed the maximum length
30 of time that the defendant would have been required to serve,
31 less credit for good behavior, before becoming eligible for
32 release had he been convicted of and received the maximum
33 sentence for the most serious crime for which he has been
34 acquitted by reason of insanity. The Court shall determine
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1 the maximum period of commitment by an appropriate order.
2 During this period of time, the defendant shall not be
3 permitted to be in the community in any manner, including but
4 not limited to off-grounds privileges, with or without escort
5 by personnel of the Department of Human Services,
6 unsupervised on-grounds privileges, discharge or conditional
7 or temporary release, except by a plan as provided in this
8 Section. In no event shall a defendant's continued
9 unauthorized absence be a basis for discharge. Not more than
10 30 days after admission and every 60 days thereafter so long
11 as the initial order remains in effect, the facility director
12 shall file a treatment plan with the court. Such plan shall
13 include an evaluation of the defendant's progress and the
14 extent to which he is benefiting from treatment. Such plan
15 may also include unsupervised on-grounds privileges,
16 off-grounds privileges (with or without escort by personnel
17 of the Department of Human Services), home visits and
18 participation in work programs, but only where such
19 privileges have been approved by specific court order, which
20 order may include such conditions on the defendant as the
21 Court may deem appropriate and necessary to reasonably assure
22 the defendant's satisfactory progress in treatment and the
23 safety of the defendant and others.
24 (c) Every defendant acquitted of a felony by reason of
25 insanity and subsequently found to be subject to involuntary
26 admission or in need of mental health services shall be
27 represented by counsel in all proceedings under this Section
28 and under the Mental Health and Developmental Disabilities
29 Code.
30 (1) The court shall appoint as counsel the public
31 defender or an attorney licensed by this State.
32 (2) Upon filing with the court of a verified
33 statement of legal services rendered by the private
34 attorney appointed pursuant to paragraph (1) of this
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1 subsection, the court shall determine a reasonable fee
2 for such services. If the defendant is unable to pay the
3 fee, the court shall enter an order upon the State to pay
4 the entire fee or such amount as the defendant is unable
5 to pay from funds appropriated by the General Assembly
6 for that purpose.
7 (d) When the facility director determines that:
8 (1) the defendant is no longer subject to
9 involuntary admission or in need of mental health
10 services on an inpatient basis; and
11 (2) the defendant may be conditionally released
12 because he or she is still in need of mental health
13 services or that the defendant may be discharged as not
14 in need of any mental health services; or
15 (3) the defendant no longer requires placement in a
16 secure setting;
17 the facility director shall give written notice to the Court,
18 State's Attorney and defense attorney. Such notice shall set
19 forth in detail the basis for the recommendation of the
20 facility director, and specify clearly the recommendations,
21 if any, of the facility director, concerning conditional
22 release. Within 30 days of the notification by the facility
23 director, the Court shall set a hearing and make a finding as
24 to whether the defendant is:
25 (i) subject to involuntary admission; or
26 (ii) in need of mental health services in the form
27 of inpatient care; or
28 (iii) in need of mental health services but not
29 subject to involuntary admission or inpatient care; or
30 (iv) no longer in need of mental health services;
31 or
32 (v) no longer requires placement in a secure
33 setting.
34 Upon finding by the Court, the Court shall enter its
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1 findings and such appropriate order as provided in subsection
2 (a) of this Section.
3 (e) A defendant admitted pursuant to this Section, or
4 any person on his behalf, may file a petition for transfer
5 to a non-secure setting within the Department of Human
6 Services or discharge or conditional release under the
7 standards of this Section in the court which rendered the
8 verdict. Upon receipt of a petition for transfer to a
9 non-secure setting or discharge or conditional release, the
10 court shall set a hearing to be held within 120 days.
11 Thereafter, no new petition may be filed for 120 days without
12 leave of the court.
13 (f) The court shall direct that notice of the time and
14 place of the hearing be served upon the defendant, the
15 facility director, the State's Attorney, and the defendant's
16 attorney. If requested by either the State or the defense or
17 if the Court feels it is appropriate, an impartial
18 examination of the defendant by a psychiatrist or clinical
19 psychologist as defined in Section 1-103 of the Mental Health
20 and Developmental Disabilities Code who is not in the employ
21 of the Department of Human Services shall be ordered, and the
22 report considered at the time of the hearing.
23 (g) The findings of the court shall be established by
24 clear and convincing evidence. The burden of proof and the
25 burden of going forth with the evidence rest with the State
26 when a hearing is held to review the determination of the
27 facility director that the defendant should be transferred to
28 a non-secure setting, discharged or conditionally released.
29 The burden of proof and the burden of going forth with the
30 evidence rest on the defendant when a hearing is held to
31 review a petition filed by or on behalf of such defendant.
32 The evidence shall be presented in open court with the right
33 of confrontation and cross-examination.
34 (h) If the court finds that the defendant is no longer
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1 in need of mental health services it shall order the facility
2 director to discharge the defendant. If the Court finds that
3 the defendant is in need of mental health services, and no
4 longer in need of inpatient care, it shall order the facility
5 director to release the defendant under such conditions as
6 the Court deems appropriate and as provided by this Section.
7 Such conditional release shall be imposed for a period of
8 five years and shall be subject to later modification by the
9 court as provided by this Section. If the court finds that
10 the defendant is subject to involuntary admission or in need
11 of mental health services on an inpatient basis, it shall
12 order the facility director not to discharge or release the
13 defendant in accordance with paragraph (b) of this Section.
14 (i) If within the period of the defendant's conditional
15 release, the court determines, after hearing evidence, that
16 the defendant has not fulfilled the conditions of release,
17 the court shall order a hearing to be held consistent with
18 the provisions of paragraph (f) and (g) of this section. At
19 such hearing, if the court finds that the defendant is
20 subject to involuntary admission or in need of mental health
21 services on an inpatient basis, it shall enter an order
22 remanding him or her to the Department of Human Services or
23 other facility. If the defendant is remanded to the
24 Department of Human Services, he or she shall be placed in a
25 secure setting unless the court determines that there are
26 compelling reasons that such placement is not necessary. If
27 the court finds that the defendant continues to be in need
28 of mental health services but not on an inpatient basis, it
29 may modify the conditions of the original release in order to
30 reasonably assure the defendant's satisfactory progress in
31 treatment and his or her safety and the safety of others. In
32 no event shall such conditional release be longer than eight
33 years. Nothing in this Section shall limit a court's contempt
34 powers or any other powers of a court.
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1 (j) An order of admission under this Section does not
2 affect the remedy of habeas corpus.
3 (k) In the event of a conflict between this Section and
4 the Mental Health and Developmental Disabilities Code or the
5 Mental Health and Developmental Disabilities Confidentiality
6 Act, the provisions of this Section shall govern.
7 (l) This amendatory Act shall apply to all persons who
8 have been found not guilty by reason of insanity and who are
9 presently committed to the Department of Mental Health and
10 Developmental Disabilities (now the Department of Human
11 Services).
12 (m) The Clerk of the court shall, after the entry of an
13 order of transfer to a non-secure setting of the Department
14 of Human Services or discharge or conditional release,
15 transmit a certified copy of the order to the Department of
16 Human Services, and the sheriff of the county from which the
17 defendant was admitted. In cases where the arrest of the
18 defendant or the commission of the offense took place in any
19 municipality with a population of more than 25,000 persons,
20 the Clerk of the court shall also transmit a certified copy
21 of the order of discharge or conditional release to the
22 proper law enforcement agency for said municipality provided
23 the municipality has requested such notice in writing.
24 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
25 90-105, eff. 7-11-97.)
26 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
27 Sec. 5-4-1. Sentencing Hearing.
28 (a) Except when the death penalty is sought under
29 hearing procedures otherwise specified, after a determination
30 of guilt, a hearing shall be held to impose the sentence.
31 However, prior to the imposition of sentence on an individual
32 being sentenced for an offense based upon a charge for a
33 violation of Section 11-501 of the Illinois Vehicle Code or a
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1 similar provision of a local ordinance, the individual must
2 undergo a professional evaluation to determine if an alcohol
3 or other drug abuse problem exists and the extent of such a
4 problem. Programs conducting these evaluations shall be
5 licensed by the Department of Human Services. However, if
6 the individual is not a resident of Illinois, the court may,
7 in its discretion, accept an evaluation from a program in the
8 state of such individual's residence. The court may in its
9 sentencing order approve an eligible defendant for placement
10 in a Department of Corrections impact incarceration program
11 as provided in Section 5-8-1.1. At the hearing the court
12 shall:
13 (1) consider the evidence, if any, received upon
14 the trial;
15 (2) consider any presentence reports;
16 (3) consider the financial impact of incarceration
17 based on the financial impact statement filed with the
18 clerk of the court by the Department of Corrections;
19 (4) consider evidence and information offered by
20 the parties in aggravation and mitigation;
21 (5) hear arguments as to sentencing alternatives;
22 (6) afford the defendant the opportunity to make a
23 statement in his own behalf;
24 (7) afford the victim of a violent crime or a
25 violation of Section 11-501 of the Illinois Vehicle Code,
26 or a similar provision of a local ordinance, committed by
27 the defendant the opportunity to make a statement
28 concerning the impact on the victim and to offer evidence
29 in aggravation or mitigation; provided that the statement
30 and evidence offered in aggravation or mitigation must
31 first be prepared in writing in conjunction with the
32 State's Attorney before it may be presented orally at the
33 hearing. Any sworn testimony offered by the victim is
34 subject to the defendant's right to cross-examine. All
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1 statements and evidence offered under this paragraph (7)
2 shall become part of the record of the court; and
3 (8) in cases of reckless homicide afford the
4 victim's spouse, guardians, parents or other immediate
5 family members an opportunity to make oral statements.
6 (b) All sentences shall be imposed by the judge based
7 upon his independent assessment of the elements specified
8 above and any agreement as to sentence reached by the
9 parties. The judge who presided at the trial or the judge
10 who accepted the plea of guilty shall impose the sentence
11 unless he is no longer sitting as a judge in that court.
12 Where the judge does not impose sentence at the same time on
13 all defendants who are convicted as a result of being
14 involved in the same offense, the defendant or the State's
15 Attorney may advise the sentencing court of the disposition
16 of any other defendants who have been sentenced.
17 (c) In imposing a sentence for a violent crime or for an
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, any other drug
20 or any combination thereof, or a similar provision of a local
21 ordinance, when such offense resulted in the personal injury
22 to someone other than the defendant, the trial judge shall
23 specify on the record the particular evidence, information,
24 factors in mitigation and aggravation or other reasons that
25 led to his sentencing determination. The full verbatim record
26 of the sentencing hearing shall be filed with the clerk of
27 the court and shall be a public record.
28 (c-1) In imposing a sentence for the offense of
29 aggravated kidnapping for ransom, home invasion, armed
30 robbery, aggravated vehicular hijacking, aggravated discharge
31 of a firearm, or armed violence with a category I weapon or
32 category II weapon, the trial judge shall make a finding as
33 to whether the conduct leading to conviction for the offense
34 resulted in great bodily harm to a victim, and shall enter
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1 that finding and the basis for that finding in the record.
2 (c-2) If the defendant is sentenced to prison, other
3 than when a sentence of natural life imprisonment or a
4 sentence of death is imposed, at the time the sentence is
5 imposed the judge shall state on the record in open court the
6 approximate period of time the defendant will serve in
7 custody according to the then current statutory rules and
8 regulations for early release found in Section 3-6-3 and
9 other related provisions of this Code. This statement is
10 intended solely to inform the public, has no legal effect on
11 the defendant's actual release, and may not be relied on by
12 the defendant on appeal.
13 The judge's statement, to be given after pronouncing the
14 sentence, other than when the sentence is imposed for one of
15 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
16 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, assuming the defendant receives all of his or her good
24 conduct credit, the period of estimated actual custody is ...
25 years and ... months, less up to 180 days additional good
26 conduct credit for meritorious service. If the defendant,
27 because of his or her own misconduct or failure to comply
28 with the institutional regulations, does not receive those
29 credits, the actual time served in prison will be longer.
30 The defendant may also receive an additional one-half day
31 good conduct credit for each day of participation in
32 vocational, industry, substance abuse, and educational
33 programs as provided for by Illinois statute."
34 When the sentence is imposed for one of the offenses
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1 enumerated in paragraph (a)(3) of Section 3-6-3, other than
2 when the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
4 or after the effective date of this amendatory Act of 1998,
5 the judge's statement, to be given after pronouncing the
6 sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, assuming the defendant receives all of his or her good
14 conduct credit, the period of estimated actual custody is ...
15 years and ... months, less up to 90 days additional good
16 conduct credit for meritorious service. If the defendant,
17 because of his or her own misconduct or failure to comply
18 with the institutional regulations, does not receive those
19 credits, the actual time served in prison will be longer.
20 The defendant may also receive an additional one-half day
21 good conduct credit for each day of participation in
22 vocational, industry, substance abuse, and educational
23 programs as provided for by Illinois statute."
24 When the sentence is imposed for one of the offenses
25 enumerated in paragraph (a)(2) of Section 3-6-3, other than
26 first degree murder, and the offense was committed on or
27 after the effective date of this amendatory Act of 1998, the
28 judge's statement, to be given after pronouncing the
29 sentence, 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
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1 Corrections and the Illinois Prisoner Review Board. In this
2 case, the defendant is entitled to no more than 4 1/2 days of
3 good conduct credit for each month of his or her sentence of
4 imprisonment. Therefore, this defendant will serve at least
5 85% of his or her sentence. Assuming the defendant receives
6 4 1/2 days credit for each month of his or her sentence, the
7 period of estimated actual custody is ... years and ...
8 months. If the defendant, because of his or her own
9 misconduct or failure to comply with the institutional
10 regulations receives lesser credit, the actual time served in
11 prison will be longer."
12 When a sentence of imprisonment is imposed for first
13 degree murder and the offense was committed on or after the
14 effective date of this amendatory Act of 1998, the judge's
15 statement, to be given after pronouncing the sentence, shall
16 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 (a) Except when the death penalty is sought under
3 hearing procedures otherwise specified, after a determination
4 of guilt, a hearing shall be held to impose the sentence.
5 However, prior to the imposition of sentence on an individual
6 being sentenced for an offense based upon a charge for a
7 violation of Section 11-501 of the Illinois Vehicle Code or a
8 similar provision of a local ordinance, the individual must
9 undergo a professional evaluation to determine if an alcohol
10 or other drug abuse problem exists and the extent of such a
11 problem. Programs conducting these evaluations shall be
12 licensed by the Department of Human Services. However, if
13 the individual is not a resident of Illinois, the court may,
14 in its discretion, accept an evaluation from a program in the
15 state of such individual's residence. The court may in its
16 sentencing order approve an eligible defendant for placement
17 in a Department of Corrections impact incarceration program
18 as provided in Section 5-8-1.1. At the hearing the court
19 shall:
20 (1) consider the evidence, if any, received upon
21 the trial;
22 (2) consider any presentence reports;
23 (3) consider the financial impact of incarceration
24 based on the financial impact statement filed with the
25 clerk of the court by the Department of Corrections;
26 (4) consider evidence and information offered by
27 the parties in aggravation and mitigation;
28 (5) hear arguments as to sentencing alternatives;
29 (6) afford the defendant the opportunity to make a
30 statement in his own behalf;
31 (7) afford the victim of a violent crime or a
32 violation of Section 11-501 of the Illinois Vehicle Code,
33 or a similar provision of a local ordinance, committed by
34 the defendant the opportunity to make a statement
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1 concerning the impact on the victim and to offer evidence
2 in aggravation or mitigation; provided that the statement
3 and evidence offered in aggravation or mitigation must
4 first be prepared in writing in conjunction with the
5 State's Attorney before it may be presented orally at the
6 hearing. Any sworn testimony offered by the victim is
7 subject to the defendant's right to cross-examine. All
8 statements and evidence offered under this paragraph (7)
9 shall become part of the record of the court; and
10 (8) in cases of reckless homicide afford the
11 victim's spouse, guardians, parents or other immediate
12 family members an opportunity to make oral statements.
13 (b) All sentences shall be imposed by the judge based
14 upon his independent assessment of the elements specified
15 above and any agreement as to sentence reached by the
16 parties. The judge who presided at the trial or the judge
17 who accepted the plea of guilty shall impose the sentence
18 unless he is no longer sitting as a judge in that court.
19 Where the judge does not impose sentence at the same time on
20 all defendants who are convicted as a result of being
21 involved in the same offense, the defendant or the State's
22 attorney may advise the sentencing court of the disposition
23 of any other defendants who have been sentenced.
24 (c) In imposing a sentence for a violent crime or for an
25 offense of operating or being in physical control of a
26 vehicle while under the influence of alcohol, any other drug
27 or any combination thereof, or a similar provision of a local
28 ordinance, when such offense resulted in the personal injury
29 to someone other than the defendant, the trial judge shall
30 specify on the record the particular evidence, information,
31 factors in mitigation and aggravation or other reasons that
32 led to his sentencing determination. The full verbatim record
33 of the sentencing hearing shall be filed with the clerk of
34 the court and shall be a public record.
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1 (c-1) In imposing a sentence for the offense of
2 aggravated kidnapping for ransom, home invasion, armed
3 robbery, aggravated vehicular hijacking, aggravated discharge
4 of a firearm, or armed violence with a category I weapon or
5 category II weapon, the trial judge shall make a finding as
6 to whether the conduct leading to conviction for the offense
7 resulted in great bodily harm to a victim, and shall enter
8 that finding and the basis for that finding in the record.
9 (c-2) If the defendant is sentenced to prison, other
10 than when a sentence of natural life imprisonment or a
11 sentence of death is imposed, at the time the sentence is
12 imposed the judge shall state on the record in open court the
13 approximate period of time the defendant will serve in
14 custody according to the then current statutory rules and
15 regulations for early release found in Section 3-6-3 and
16 other related provisions of this Code. This statement is
17 intended solely to inform the public, has no legal effect on
18 the defendant's actual release, and may not be relied on by
19 the defendant on appeal.
20 The judge's statement, to be given after pronouncing the
21 sentence, other than when the sentence is imposed for one of
22 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
23 shall include the following:
24 "The purpose of this statement is to inform the public of
25 the actual period of time this defendant is likely to spend
26 in prison as a result of this sentence. The actual period of
27 prison time served is determined by the statutes of Illinois
28 as applied to this sentence by the Illinois Department of
29 Corrections and the Illinois Prisoner Review Board. In this
30 case, assuming the defendant receives all of his or her good
31 conduct credit, the period of estimated actual custody is ...
32 years and ... months, less up to 180 days additional good
33 conduct credit for meritorious service. If the defendant,
34 because of his or her own misconduct or failure to comply
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1 with the institutional regulations, does not receive those
2 credits, the actual time served in prison will be longer.
3 The defendant may also receive an additional one-half day
4 good conduct credit for each day of participation in
5 vocational, industry, substance abuse, and educational
6 programs as provided for by Illinois statute."
7 When the sentence is imposed for one of the offenses
8 enumerated in paragraph (a)(3) of Section 3-6-3, other than
9 when the sentence is imposed for one of the offenses
10 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
11 or after the effective date of this amendatory Act of 1995,
12 the judge's statement, to be given after pronouncing the
13 sentence, shall include the following:
14 "The purpose of this statement is to inform the public of
15 the actual period of time this defendant is likely to spend
16 in prison as a result of this sentence. The actual period of
17 prison time served is determined by the statutes of Illinois
18 as applied to this sentence by the Illinois Department of
19 Corrections and the Illinois Prisoner Review Board. In this
20 case, assuming the defendant receives all of his or her good
21 conduct credit, the period of estimated actual custody is ...
22 years and ... months, less up to 90 days additional good
23 conduct credit for meritorious service. If the defendant,
24 because of his or her own misconduct or failure to comply
25 with the institutional regulations, does not receive those
26 credits, the actual time served in prison will be longer.
27 The defendant may also receive an additional one-half day
28 good conduct credit for each day of participation in
29 vocational, industry, substance abuse, and educational
30 programs as provided for by Illinois statute."
31 When the sentence is imposed for one of the offenses
32 enumerated in paragraph (a)(2) of Section 3-6-3, other than
33 first degree murder, and the offense was committed on or
34 after the effective date of this amendatory Act of 1995, the
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1 judge's statement, to be given after pronouncing the
2 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, the defendant is entitled to no more than 4 1/2 days of
10 good conduct credit for each month of his or her sentence of
11 imprisonment. Therefore, this defendant will serve at least
12 85% of his or her sentence. Assuming the defendant receives
13 4 1/2 days credit for each month of his or her sentence, the
14 period of estimated actual custody is ... years and ...
15 months. If the defendant, because of his or her own
16 misconduct or failure to comply with the institutional
17 regulations receives lesser credit, the actual time served in
18 prison will be longer."
19 When a sentence of imprisonment is imposed for first
20 degree murder and the offense was committed on or after the
21 effective date of this amendatory Act of 1995, the judge's
22 statement, to be given after pronouncing the sentence, shall
23 include the following:
24 "The purpose of this statement is to inform the public of
25 the actual period of time this defendant is likely to spend
26 in prison as a result of this sentence. The actual period of
27 prison time served is determined by the statutes of Illinois
28 as applied to this sentence by the Illinois Department of
29 Corrections and the Illinois Prisoner Review Board. In this
30 case, the defendant is not entitled to good conduct credit.
31 Therefore, this defendant will serve 100% of his or her
32 sentence."
33 (d) When the defendant is committed to the Department of
34 Corrections, the State's Attorney shall and counsel for the
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1 defendant may file a statement with the clerk of the court to
2 be transmitted to the department, agency or institution to
3 which the defendant is committed to furnish such department,
4 agency or institution with the facts and circumstances of the
5 offense for which the person was committed together with all
6 other factual information accessible to them in regard to the
7 person prior to his commitment relative to his habits,
8 associates, disposition and reputation and any other facts
9 and circumstances which may aid such department, agency or
10 institution during its custody of such person. The clerk
11 shall within 10 days after receiving any such statements
12 transmit a copy to such department, agency or institution and
13 a copy to the other party, provided, however, that this shall
14 not be cause for delay in conveying the person to the
15 department, agency or institution to which he has been
16 committed.
17 (e) The clerk of the court shall transmit to the
18 department, agency or institution, if any, to which the
19 defendant is committed, the following:
20 (1) the sentence imposed;
21 (2) any statement by the court of the basis for
22 imposing the sentence;
23 (3) any presentence reports;
24 (4) the number of days, if any, which the defendant
25 has been in custody and for which he is entitled to
26 credit against the sentence, which information shall be
27 provided to the clerk by the sheriff;
28 (4.1) any finding of great bodily harm made by the
29 court with respect to an offense enumerated in subsection
30 (c-1);
31 (5) all statements filed under subsection (d) of
32 this Section;
33 (6) any medical or mental health records or
34 summaries of the defendant;
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1 (7) the municipality where the arrest of the
2 offender or the commission of the offense has occurred,
3 where such municipality has a population of more than
4 25,000 persons;
5 (8) all statements made and evidence offered under
6 paragraph (7) of subsection (a) of this Section; and
7 (9) all additional matters which the court directs
8 the clerk to transmit.
9 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
10 Section 45. The Code of Civil Procedure is amended by
11 adding Section 12-903.5 as follows:
12 (735 ILCS 5/12-903.5 new)
13 Sec. 12-903.5. Drug asset forfeitures.
14 (a) The homestead exemption under this Part 9 of Article
15 XII does not apply to property subject to forfeiture under
16 Section 505 of the Illinois Controlled Substances Act,
17 Section 12 of the Cannabis Control Act, or Section 5 of the
18 Narcotics Profit Forfeiture Act.
19 (b) This Section applies to actions pending on or
20 commenced on or after the effective date of this Section.
21 Drug asset forfeitures.
22 (a) The homestead exemption under this Part 9 of Article
23 XII does not apply to property subject to forfeiture under
24 Section 505 of the Illinois Controlled Substances Act,
25 Section 12 of the Cannabis Control Act, or Section 5 of the
26 Narcotics Profit Forfeiture Act.
27 (b) This Section applies to actions pending on or
28 commenced on or after the effective date of this amendatory
29 Act of 1995.
30 (Source: P.A. 89-404, eff. 8-20-95.)
31 Section 95. Severability. The provisions of this Act
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1 are severable under Section 1.31 of the Statute on Statutes.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.