[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Re-enrolled ] |
| [ House Amendment 001 ] | [ Senate Amendment 001 ] |
91_HB1762enr HB1762 Enrolled LRB9104930OBcd 1 AN ACT concerning treatment of addicts and alcoholics. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Alcoholism and Other Drug Abuse and 5 Dependency Act is amended by changing Section 40-10 as 6 follows: 7 (20 ILCS 301/40-10) 8 Sec. 40-10. Treatment as a condition of probation. 9 (a) If a court has reason to believe that an individual 10 who is charged with or convicted of a crime suffers from 11 alcoholism or other drug addiction and the court finds that 12 he is eligible to make the election provided for under 13 Section 40-5, the court shall advise the individualhimthat 14 he or she shallmaybe sentenced toplaced onprobation and 15 shall be subject to terms and conditions of probation under 16 Section 5-6-3 of the Unified Code of Corrections if he or she 17 elects to submit to treatment and is accepted for treatment 18 by a designated program. The court shall further advise the 19 individualhimthat: 20 (1) if he or she elects to submit to treatment and 21 is accepted he or she shallmaybe sentenced toplaced on22probation and placed under the supervision of the 23 designated program for a period not to exceed the maximum 24 sentence that could be imposed for his conviction or 5 25 years, whichever is less. 26 (2) during probation he or she may be treated at 27 the discretion of the designated program. 28 (3) if he or she adheres to the requirements of the 29 designated program and fulfills the other conditions of 30 probation ordered by the court, he or she will be 31 discharged, but any failure to adhere to the requirements HB1762 Enrolled -2- LRB9104930OBcd 1 of the designated program is a breach of probation. 2Other conditions of probation that the court may order3shall include any condition of probation as authorized by4Section 5-6-3 of the Unified Code of Corrections.The court 5 may certify an individual for treatment while on probation 6 under the supervision of a designated program and probation 7 authorities regardless of the election of the individual. 8 (b) If the individual elects to undergo treatment or is 9 certified for treatment, the court shall order an examination 10 by a designated program to determine whether he suffers from 11 alcoholism or other drug addiction and is likely to be 12 rehabilitated through treatment. The designated program 13 shall report to the court the results of the examination and 14 recommend whether the individual should be placed for 15 treatment. If the court, on the basis of the report and 16 other information, finds that such an individual suffers from 17 alcoholism or other drug addiction and is likely to be 18 rehabilitated through treatment, the individual shall be 19 placed on probation and under the supervision of a designated 20 program for treatment and under the supervision of the proper 21 probation authorities for probation supervision unless, 22 giving consideration to the nature and circumstances of the 23 offense and to the history, character and condition of the 24 individual, the court is of the opinion that no significant 25 relationship exists between the addiction or alcoholism of 26 the individual and the crime committed, or that his 27 imprisonment or periodic imprisonment is necessary for the 28 protection of the public, and the court specifies on the 29 record the particular evidence, information or other reasons 30 that form the basis of such opinion. However, under no 31 circumstances shall the individual be placed under the 32 supervision of a designated program for treatment before the 33 entry of a judgment of conviction. 34 (c) If the court, on the basis of the report or other HB1762 Enrolled -3- LRB9104930OBcd 1 information, finds that the individual suffering from 2 alcoholism or other drug addiction is not likely to be 3 rehabilitated through treatment, or that his addiction or 4 alcoholism and the crime committed are not significantly 5 related, or that his imprisonment or periodic imprisonment is 6 necessary for the protection of the public, the court shall 7 impose sentence as in other cases. The court may require such 8 progress reports on the individual from the probation officer 9 and designated program as the court finds necessary. No 10 individual may be placed under treatment supervision unless a 11 designated program accepts him for treatment. 12 (d) Failure of an individual placed on probation and 13 under the supervision of a designated program to observe the 14 requirements set down by the designated program shall be 15 considered a probation violation. Such failure shall be 16 reported by the designated program to the probation officer 17 in charge of the individual and treated in accordance with 18 probation regulations. 19 (e) Upon successful fulfillment of the terms and 20 conditions of probation the court shall discharge the person 21 from probation. If the person has not previously been 22 convicted of any felony offense and has not previously been 23 granted a vacation of judgment under this Section, upon 24 motion, the court shall vacate the judgment of conviction and 25 dismiss the criminal proceedings against him unless, having 26 considered the nature and circumstances of the offense and 27 the history, character and condition of the individual, the 28 court finds that the motion should not be granted. Unless 29 good cause is shown, such motion to vacate must be filed 30 within 30 days of the entry of the judgment. 31 Section 10. The Unified Code of Corrections is amended 32 by changing Section 5-5-3 as follows: HB1762 Enrolled -4- LRB9104930OBcd 1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 2 Sec. 5-5-3. Disposition. 3 (a) Every person convicted of an offense shall be 4 sentenced as provided in this Section. 5 (b) The following options shall be appropriate 6 dispositions, alone or in combination, for all felonies and 7 misdemeanors other than those identified in subsection (c) of 8 this Section: 9 (1) A period of probation. 10 (2) A term of periodic imprisonment. 11 (3) A term of conditional discharge. 12 (4) A term of imprisonment. 13 (5) An order directing the offender to clean up and 14 repair the damage, if the offender was convicted under 15 paragraph (h) of Section 21-1 of the Criminal Code of 16 1961. 17 (6) A fine. 18 (7) An order directing the offender to make 19 restitution to the victim under Section 5-5-6 of this 20 Code. 21 (8) A sentence of participation in a county impact 22 incarceration program under Section 5-8-1.2 of this Code. 23 Whenever an individual is sentenced for an offense based 24 upon an arrest for a violation of Section 11-501 of the 25 Illinois Vehicle Code, or a similar provision of a local 26 ordinance, and the professional evaluation recommends 27 remedial or rehabilitative treatment or education, neither 28 the treatment nor the education shall be the sole disposition 29 and either or both may be imposed only in conjunction with 30 another disposition. The court shall monitor compliance with 31 any remedial education or treatment recommendations contained 32 in the professional evaluation. Programs conducting alcohol 33 or other drug evaluation or remedial education must be 34 licensed by the Department of Human Services. However, if HB1762 Enrolled -5- LRB9104930OBcd 1 the individual is not a resident of Illinois, the court may 2 accept an alcohol or other drug evaluation or remedial 3 education program in the state of such individual's 4 residence. Programs providing treatment must be licensed 5 under existing applicable alcoholism and drug treatment 6 licensure standards. 7 In addition to any other fine or penalty required by law, 8 any individual convicted of a violation of Section 11-501 of 9 the Illinois Vehicle Code or a similar provision of local 10 ordinance, whose operation of a motor vehicle while in 11 violation of Section 11-501 or such ordinance proximately 12 caused an incident resulting in an appropriate emergency 13 response, shall be required to make restitution to a public 14 agency for the costs of that emergency response. Such 15 restitution shall not exceed $500 per public agency for each 16 such emergency response. For the purpose of this paragraph, 17 emergency response shall mean any incident requiring a 18 response by: a police officer as defined under Section 1-162 19 of the Illinois Vehicle Code; a fireman carried on the rolls 20 of a regularly constituted fire department; and an ambulance 21 as defined under Section 4.05 of the Emergency Medical 22 Services (EMS) Systems Act. 23 Neither a fine nor restitution shall be the sole 24 disposition for a felony and either or both may be imposed 25 only in conjunction with another disposition. 26 (c) (1) When a defendant is found guilty of first degree 27 murder the State may either seek a sentence of 28 imprisonment under Section 5-8-1 of this Code, or where 29 appropriate seek a sentence of death under Section 9-1 of 30 the Criminal Code of 1961. 31 (2) A period of probation, a term of periodic 32 imprisonment or conditional discharge shall not be 33 imposed for the following offenses. The court shall 34 sentence the offender to not less than the minimum term HB1762 Enrolled -6- LRB9104930OBcd 1 of imprisonment set forth in this Code for the following 2 offenses, and may order a fine or restitution or both in 3 conjunction with such term of imprisonment: 4 (A) First degree murder where the death 5 penalty is not imposed. 6 (B) Attempted first degree murder. 7 (C) A Class X felony. 8 (D) A violation of Section 401.1 or 407 of the 9 Illinois Controlled Substances Act, or a violation 10 of subdivision (c)(2) of Section 401 of that Act 11 which relates to more than 5 grams of a substance 12 containing cocaine or an analog thereof. 13 (E) A violation of Section 5.1 or 9 of the 14 Cannabis Control Act. 15(F)(Blank).A Class 2 or greater felony if16the offender had been convicted of a Class 2 or17greater felony within 10 years of the date on which18he committed the offense for which he is being19sentenced. 20(G)(Blank).Residential burglary. 21 (H) Criminal sexual assault, except as 22 otherwise provided in subsection (e) of this 23 Section. 24 (I) Aggravated battery of a senior citizen. 25 (J) A forcible felony if the offense was 26 related to the activities of an organized gang. 27 Before July 1, 1994, for the purposes of this 28 paragraph, "organized gang" means an association of 29 5 or more persons, with an established hierarchy, 30 that encourages members of the association to 31 perpetrate crimes or provides support to the members 32 of the association who do commit crimes. 33 Beginning July 1, 1994, for the purposes of 34 this paragraph, "organized gang" has the meaning HB1762 Enrolled -7- LRB9104930OBcd 1 ascribed to it in Section 10 of the Illinois 2 Streetgang Terrorism Omnibus Prevention Act. 3 (K) Vehicular hijacking. 4 (L) A second or subsequent conviction for the 5 offense of hate crime when the underlying offense 6 upon which the hate crime is based is felony 7 aggravated assault or felony mob action. 8 (M) A second or subsequent conviction for the 9 offense of institutional vandalism if the damage to 10 the property exceeds $300. 11 (N) A Class 3 felony violation of paragraph 12 (1) of subsection (a) of Section 2 of the Firearm 13 Owners Identification Card Act. 14 (O) A violation of Section 12-6.1 of the 15 Criminal Code of 1961. 16 (P) A violation of paragraph (1), (2), (3), 17 (4), (5), or (7) of subsection (a) of Section 18 11-20.1 of the Criminal Code of 1961. 19 (Q) A violation of Section 20-1.2 of the 20 Criminal Code of 1961. 21 (R)(Q)A violation of Section 24-3A of the 22 Criminal Code of 1961. 23 (2.5) A term of periodic imprisonment, conditional 24 discharge, or probation may not be imposed for the 25 following offenses and the court shall sentence the 26 offender to not less than the minimum term of 27 imprisonment set forth in this Code and may order a fine 28 or restitution or both in conjunction with the term of 29 imprisonment, except that probation may be imposed upon 30 an offender who is eligible for, elects to receive, and 31 is accepted for treatment in a designated program under 32 the Alcoholism and Other Drug Abuse and Dependency Act: 33 (A) A Class 2 or greater felony if the 34 offender has been convicted of a Class 2 or greater HB1762 Enrolled -8- LRB9104930OBcd 1 felony within 10 years of the date on which the 2 offender committed the offense for which he or she 3 is being sentenced. 4 (B) Residential burglary. 5 (3) A minimum term of imprisonment of not less than 6 48 consecutive hours or 100 hours of community service as 7 may be determined by the court shall be imposed for a 8 second or subsequent violation committed within 5 years 9 of a previous violation of Section 11-501 of the Illinois 10 Vehicle Code or a similar provision of a local ordinance. 11 (4) A minimum term of imprisonment of not less than 12 7 consecutive days or 30 days of community service shall 13 be imposed for a violation of paragraph (c) of Section 14 6-303 of the Illinois Vehicle Code. 15 (4.1) A minimum term of 30 consecutive days of 16 imprisonment, 40 days of 24 hour periodic imprisonment or 17 720 hours of community service, as may be determined by 18 the court, shall be imposed for a violation of Section 19 11-501 of the Illinois Vehicle Code during a period in 20 which the defendant's driving privileges are revoked or 21 suspended, where the revocation or suspension was for a 22 violation of Section 11-501 or Section 11-501.1 of that 23 Code. 24 (5) The court may sentence an offender convicted of 25 a business offense or a petty offense or a corporation or 26 unincorporated association convicted of any offense to: 27 (A) a period of conditional discharge; 28 (B) a fine; 29 (C) make restitution to the victim under 30 Section 5-5-6 of this Code. 31 (6) In no case shall an offender be eligible for a 32 disposition of probation or conditional discharge for a 33 Class 1 felony committed while he was serving a term of 34 probation or conditional discharge for a felony. HB1762 Enrolled -9- LRB9104930OBcd 1 (7) When a defendant is adjudged a habitual 2 criminal under Article 33B of the Criminal Code of 1961, 3 the court shall sentence the defendant to a term of 4 natural life imprisonment. 5 (8) When a defendant, over the age of 21 years, is 6 convicted of a Class 1 or Class 2 felony, after having 7 twice been convicted of any Class 2 or greater Class 8 felonies in Illinois, and such charges are separately 9 brought and tried and arise out of different series of 10 acts, such defendant shall be sentenced as a Class X 11 offender. This paragraph shall not apply unless (1) the 12 first felony was committed after the effective date of 13 this amendatory Act of 1977; and (2) the second felony 14 was committed after conviction on the first; and (3) the 15 third felony was committed after conviction on the 16 second. 17 (9) A defendant convicted of a second or subsequent 18 offense of ritualized abuse of a child may be sentenced 19 to a term of natural life imprisonment. 20 (10) Beginning July 1, 1994, unless sentencing 21 under Section 33B-1 is applicable, a term of imprisonment 22 of not less than 15 years nor more than 50 years shall be 23 imposed on a defendant who violates Section 33A-2 of the 24 Criminal Code of 1961 with a firearm, when that person 25 has been convicted in any state or federal court of 3 or 26 more of the following offenses: treason, first degree 27 murder, second degree murder, aggravated criminal sexual 28 assault, criminal sexual assault, robbery, burglary, 29 arson, kidnaping, aggravated battery resulting in great 30 bodily harm or permanent disability or disfigurement, or 31 a violation of Section 401(a) of the Illinois Controlled 32 Substances Act, when the third offense was committed 33 after conviction on the second, the second offense was 34 committed after conviction on the first, and the HB1762 Enrolled -10- LRB9104930OBcd 1 violation of Section 33A-2 of the Criminal Code of 1961 2 was committed after conviction on the third. 3 (11) Beginning July 1, 1994, a term of imprisonment 4 of not less than 10 years and not more than 30 years 5 shall be imposed on a defendant who violates Section 6 33A-2 with a Category I weapon where the offense was 7 committed in any school, or any conveyance owned, leased, 8 or contracted by a school to transport students to or 9 from school or a school related activity, on the real 10 property comprising any school or public park, and where 11 the offense was related to the activities of an organized 12 gang. For the purposes of this paragraph (11), 13 "organized gang" has the meaning ascribed to it in 14 Section 10 of the Illinois Streetgang Terrorism Omnibus 15 Prevention Act. 16 (d) In any case in which a sentence originally imposed 17 is vacated, the case shall be remanded to the trial court. 18 The trial court shall hold a hearing under Section 5-4-1 of 19 the Unified Code of Corrections which may include evidence of 20 the defendant's life, moral character and occupation during 21 the time since the original sentence was passed. The trial 22 court shall then impose sentence upon the defendant. The 23 trial court may impose any sentence which could have been 24 imposed at the original trial subject to Section 5-5-4 of the 25 Unified Code of Corrections. 26 (e) In cases where prosecution for criminal sexual 27 assault or aggravated criminal sexual abuse under Section 28 12-13 or 12-16 of the Criminal Code of 1961 results in 29 conviction of a defendant who was a family member of the 30 victim at the time of the commission of the offense, the 31 court shall consider the safety and welfare of the victim and 32 may impose a sentence of probation only where: 33 (1) the court finds (A) or (B) or both are 34 appropriate: HB1762 Enrolled -11- LRB9104930OBcd 1 (A) the defendant is willing to undergo a 2 court approved counseling program for a minimum 3 duration of 2 years; or 4 (B) the defendant is willing to participate in 5 a court approved plan including but not limited to 6 the defendant's: 7 (i) removal from the household; 8 (ii) restricted contact with the victim; 9 (iii) continued financial support of the 10 family; 11 (iv) restitution for harm done to the 12 victim; and 13 (v) compliance with any other measures 14 that the court may deem appropriate; and 15 (2) the court orders the defendant to pay for the 16 victim's counseling services, to the extent that the 17 court finds, after considering the defendant's income and 18 assets, that the defendant is financially capable of 19 paying for such services, if the victim was under 18 20 years of age at the time the offense was committed and 21 requires counseling as a result of the offense. 22 Probation may be revoked or modified pursuant to Section 23 5-6-4; except where the court determines at the hearing that 24 the defendant violated a condition of his or her probation 25 restricting contact with the victim or other family members 26 or commits another offense with the victim or other family 27 members, the court shall revoke the defendant's probation and 28 impose a term of imprisonment. 29 For the purposes of this Section, "family member" and 30 "victim" shall have the meanings ascribed to them in Section 31 12-12 of the Criminal Code of 1961. 32 (f) This Article shall not deprive a court in other 33 proceedings to order a forfeiture of property, to suspend or 34 cancel a license, to remove a person from office, or to HB1762 Enrolled -12- LRB9104930OBcd 1 impose any other civil penalty. 2 (g) Whenever a defendant is convicted of an offense 3 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 4 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 5 12-15 or 12-16 of the Criminal Code of 1961, the defendant 6 shall undergo medical testing to determine whether the 7 defendant has any sexually transmissible disease, including a 8 test for infection with human immunodeficiency virus (HIV) or 9 any other identified causative agent of acquired 10 immunodeficiency syndrome (AIDS). Any such medical test 11 shall be performed only by appropriately licensed medical 12 practitioners and may include an analysis of any bodily 13 fluids as well as an examination of the defendant's person. 14 Except as otherwise provided by law, the results of such test 15 shall be kept strictly confidential by all medical personnel 16 involved in the testing and must be personally delivered in a 17 sealed envelope to the judge of the court in which the 18 conviction was entered for the judge's inspection in camera. 19 Acting in accordance with the best interests of the victim 20 and the public, the judge shall have the discretion to 21 determine to whom, if anyone, the results of the testing may 22 be revealed. The court shall notify the defendant of the test 23 results. The court shall also notify the victim if requested 24 by the victim, and if the victim is under the age of 15 and 25 if requested by the victim's parents or legal guardian, the 26 court shall notify the victim's parents or legal guardian of 27 the test results. The court shall provide information on the 28 availability of HIV testing and counseling at Department of 29 Public Health facilities to all parties to whom the results 30 of the testing are revealed and shall direct the State's 31 Attorney to provide the information to the victim when 32 possible. A State's Attorney may petition the court to obtain 33 the results of any HIV test administered under this Section, 34 and the court shall grant the disclosure if the State's HB1762 Enrolled -13- LRB9104930OBcd 1 Attorney shows it is relevant in order to prosecute a charge 2 of criminal transmission of HIV under Section 12-16.2 of the 3 Criminal Code of 1961 against the defendant. The court shall 4 order that the cost of any such test shall be paid by the 5 county and may be taxed as costs against the convicted 6 defendant. 7 (g-5) When an inmate is tested for an airborne 8 communicable disease, as determined by the Illinois 9 Department of Public Health including but not limited to 10 tuberculosis, the results of the test shall be personally 11 delivered by the warden or his or her designee in a sealed 12 envelope to the judge of the court in which the inmate must 13 appear for the judge's inspection in camera if requested by 14 the judge. Acting in accordance with the best interests of 15 those in the courtroom, the judge shall have the discretion 16 to determine what if any precautions need to be taken to 17 prevent transmission of the disease in the courtroom. 18 (h) Whenever a defendant is convicted of an offense 19 under Section 1 or 2 of the Hypodermic Syringes and Needles 20 Act, the defendant shall undergo medical testing to determine 21 whether the defendant has been exposed to human 22 immunodeficiency virus (HIV) or any other identified 23 causative agent of acquired immunodeficiency syndrome (AIDS). 24 Except as otherwise provided by law, the results of such test 25 shall be kept strictly confidential by all medical personnel 26 involved in the testing and must be personally delivered in a 27 sealed envelope to the judge of the court in which the 28 conviction was entered for the judge's inspection in camera. 29 Acting in accordance with the best interests of the public, 30 the judge shall have the discretion to determine to whom, if 31 anyone, the results of the testing may be revealed. The court 32 shall notify the defendant of a positive test showing an 33 infection with the human immunodeficiency virus (HIV). The 34 court shall provide information on the availability of HIV HB1762 Enrolled -14- LRB9104930OBcd 1 testing and counseling at Department of Public Health 2 facilities to all parties to whom the results of the testing 3 are revealed and shall direct the State's Attorney to provide 4 the information to the victim when possible. A State's 5 Attorney may petition the court to obtain the results of any 6 HIV test administered under this Section, and the court 7 shall grant the disclosure if the State's Attorney shows it 8 is relevant in order to prosecute a charge of criminal 9 transmission of HIV under Section 12-16.2 of the Criminal 10 Code of 1961 against the defendant. The court shall order 11 that the cost of any such test shall be paid by the county 12 and may be taxed as costs against the convicted defendant. 13 (i) All fines and penalties imposed under this Section 14 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 15 Vehicle Code, or a similar provision of a local ordinance, 16 and any violation of the Child Passenger Protection Act, or a 17 similar provision of a local ordinance, shall be collected 18 and disbursed by the circuit clerk as provided under Section 19 27.5 of the Clerks of Courts Act. 20 (j) In cases when prosecution for any violation of 21 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 22 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 23 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 24 12-16 of the Criminal Code of 1961, any violation of the 25 Illinois Controlled Substances Act, or any violation of the 26 Cannabis Control Act results in conviction, a disposition of 27 court supervision, or an order of probation granted under 28 Section 10 of the Cannabis Control Act or Section 410 of the 29 Illinois Controlled Substance Act of a defendant, the court 30 shall determine whether the defendant is employed by a 31 facility or center as defined under the Child Care Act of 32 1969, a public or private elementary or secondary school, or 33 otherwise works with children under 18 years of age on a 34 daily basis. When a defendant is so employed, the court HB1762 Enrolled -15- LRB9104930OBcd 1 shall order the Clerk of the Court to send a copy of the 2 judgment of conviction or order of supervision or probation 3 to the defendant's employer by certified mail. If the 4 employer of the defendant is a school, the Clerk of the Court 5 shall direct the mailing of a copy of the judgment of 6 conviction or order of supervision or probation to the 7 appropriate regional superintendent of schools. The regional 8 superintendent of schools shall notify the State Board of 9 Education of any notification under this subsection. 10 (j-5) A defendant at least 17 years of age who is 11 convicted of a felony and who has not been previously 12 convicted of a misdemeanor or felony and who is sentenced to 13 a term of imprisonment in the Illinois Department of 14 Corrections shall as a condition of his or her sentence be 15 required by the court to attend educational courses designed 16 to prepare the defendant for a high school diploma and to 17 work toward a high school diploma or to work toward passing 18 the high school level Test of General Educational Development 19 (GED) or to work toward completing a vocational training 20 program offered by the Department of Corrections. If a 21 defendant fails to complete the educational training required 22 by his or her sentence during the term of incarceration, the 23 Prisoner Review Board shall, as a condition of mandatory 24 supervised release, require the defendant, at his or her own 25 expense, to pursue a course of study toward a high school 26 diploma or passage of the GED test. The Prisoner Review 27 Board shall revoke the mandatory supervised release of a 28 defendant who wilfully fails to comply with this subsection 29 (j-5) upon his or her release from confinement in a penal 30 institution while serving a mandatory supervised release 31 term; however, the inability of the defendant after making a 32 good faith effort to obtain financial aid or pay for the 33 educational training shall not be deemed a wilful failure to 34 comply. The Prisoner Review Board shall recommit the HB1762 Enrolled -16- LRB9104930OBcd 1 defendant whose mandatory supervised release term has been 2 revoked under this subsection (j-5) as provided in Section 3 3-3-9. This subsection (j-5) does not apply to a defendant 4 who has a high school diploma or has successfully passed the 5 GED test. This subsection (j-5) does not apply to a defendant 6 who is determined by the court to be developmentally disabled 7 or otherwise mentally incapable of completing the educational 8 or vocational program. 9 (k) A court may not impose a sentence or disposition for 10 a felony or misdemeanor that requires the defendant to be 11 implanted or injected with or to use any form of birth 12 control. 13 (l) (A) Except as provided in paragraph (C) of 14 subsection (l), whenever a defendant, who is an alien as 15 defined by the Immigration and Nationality Act, is 16 convicted of any felony or misdemeanor offense, the court 17 after sentencing the defendant may, upon motion of the 18 State's Attorney, hold sentence in abeyance and remand 19 the defendant to the custody of the Attorney General of 20 the United States or his or her designated agent to be 21 deported when: 22 (1) a final order of deportation has been 23 issued against the defendant pursuant to proceedings 24 under the Immigration and Nationality Act, and 25 (2) the deportation of the defendant would not 26 deprecate the seriousness of the defendant's conduct 27 and would not be inconsistent with the ends of 28 justice. 29 Otherwise, the defendant shall be sentenced as 30 provided in this Chapter V. 31 (B) If the defendant has already been sentenced for 32 a felony or misdemeanor offense, or has been placed on 33 probation under Section 10 of the Cannabis Control Act or 34 Section 410 of the Illinois Controlled Substances Act, HB1762 Enrolled -17- LRB9104930OBcd 1 the court may, upon motion of the State's Attorney to 2 suspend the sentence imposed, commit the defendant to the 3 custody of the Attorney General of the United States or 4 his or her designated agent when: 5 (1) a final order of deportation has been 6 issued against the defendant pursuant to proceedings 7 under the Immigration and Nationality Act, and 8 (2) the deportation of the defendant would not 9 deprecate the seriousness of the defendant's conduct 10 and would not be inconsistent with the ends of 11 justice. 12 (C) This subsection (l) does not apply to offenders 13 who are subject to the provisions of paragraph (2) of 14 subsection (a) of Section 3-6-3. 15 (D) Upon motion of the State's Attorney, if a 16 defendant sentenced under this Section returns to the 17 jurisdiction of the United States, the defendant shall be 18 recommitted to the custody of the county from which he or 19 she was sentenced. Thereafter, the defendant shall be 20 brought before the sentencing court, which may impose any 21 sentence that was available under Section 5-5-3 at the 22 time of initial sentencing. In addition, the defendant 23 shall not be eligible for additional good conduct credit 24 for meritorious service as provided under Section 3-6-6. 25 (m) A person convicted of criminal defacement of 26 property under Section 21-1.3 of the Criminal Code of 1961, 27 in which the property damage exceeds $300 and the property 28 damaged is a school building, shall be ordered to perform 29 community service that may include cleanup, removal, or 30 painting over the defacement. 31 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 32 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 33 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587, 34 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97; HB1762 Enrolled -18- LRB9104930OBcd 1 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 2 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.). 3 (Source: P.A. 88-80; incorporates 88-311; 88-670, eff. 4 12-2-94.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.