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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_HB1961enr HB1961 Enrolled LRB9203377RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Section 5-4-1 and adding Section 5-8-1.3 as follows: 6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 7 Sec. 5-4-1. Sentencing Hearing. 8 (a) Except when the death penalty is sought under 9 hearing procedures otherwise specified, after a determination 10 of guilt, a hearing shall be held to impose the sentence. 11 However, prior to the imposition of sentence on an individual 12 being sentenced for an offense based upon a charge for a 13 violation of Section 11-501 of the Illinois Vehicle Code or a 14 similar provision of a local ordinance, the individual must 15 undergo a professional evaluation to determine if an alcohol 16 or other drug abuse problem exists and the extent of such a 17 problem. Programs conducting these evaluations shall be 18 licensed by the Department of Human Services. However, if 19 the individual is not a resident of Illinois, the court may, 20 in its discretion, accept an evaluation from a program in the 21 state of such individual's residence. The court may in its 22 sentencing order approve an eligible defendant for placement 23 in a Department of Corrections impact incarceration program 24 as provided in Section 5-8-1.1 or 5-8-1.3. At the hearing 25 the court shall: 26 (1) consider the evidence, if any, received upon 27 the trial; 28 (2) consider any presentence reports; 29 (3) consider the financial impact of incarceration 30 based on the financial impact statement filed with the 31 clerk of the court by the Department of Corrections; HB1961 Enrolled -2- LRB9203377RCcdA 1 (4) consider evidence and information offered by 2 the parties in aggravation and mitigation; 3 (5) hear arguments as to sentencing alternatives; 4 (6) afford the defendant the opportunity to make a 5 statement in his own behalf; 6 (7) afford the victim of a violent crime or a 7 violation of Section 11-501 of the Illinois Vehicle Code, 8 or a similar provision of a local ordinance, or a 9 qualified individual affected by a violation of Section 10 405, 405.1, 405.2, or 407 of the Illinois Controlled 11 Substances Act, committed by the defendant the 12 opportunity to make a statement concerning the impact on 13 the victim and to offer evidence in aggravation or 14 mitigation; provided that the statement and evidence 15 offered in aggravation or mitigation must first be 16 prepared in writing in conjunction with the State's 17 Attorney before it may be presented orally at the 18 hearing. Any sworn testimony offered by the victim is 19 subject to the defendant's right to cross-examine. All 20 statements and evidence offered under this paragraph (7) 21 shall become part of the record of the court. For the 22 purpose of this paragraph (7), "qualified individual" 23 means any person who (i) lived or worked within the 24 territorial jurisdiction where the offense took place 25 when the offense took place; and (ii) is familiar with 26 various public places within the territorial jurisdiction 27 where the offense took place when the offense took place. 28 For the purposes of this paragraph (7), "qualified 29 individual" includes any peace officer, or any member of 30 any duly organized State, county, or municipal peace unit 31 assigned to the territorial jurisdiction where the 32 offense took place when the offense took place; and 33 (8) in cases of reckless homicide afford the 34 victim's spouse, guardians, parents or other immediate HB1961 Enrolled -3- LRB9203377RCcdA 1 family members an opportunity to make oral statements. 2 (b) All sentences shall be imposed by the judge based 3 upon his independent assessment of the elements specified 4 above and any agreement as to sentence reached by the 5 parties. The judge who presided at the trial or the judge 6 who accepted the plea of guilty shall impose the sentence 7 unless he is no longer sitting as a judge in that court. 8 Where the judge does not impose sentence at the same time on 9 all defendants who are convicted as a result of being 10 involved in the same offense, the defendant or the State's 11 Attorney may advise the sentencing court of the disposition 12 of any other defendants who have been sentenced. 13 (c) In imposing a sentence for a violent crime or for an 14 offense of operating or being in physical control of a 15 vehicle while under the influence of alcohol, any other drug 16 or any combination thereof, or a similar provision of a local 17 ordinance, when such offense resulted in the personal injury 18 to someone other than the defendant, the trial judge shall 19 specify on the record the particular evidence, information, 20 factors in mitigation and aggravation or other reasons that 21 led to his sentencing determination. The full verbatim record 22 of the sentencing hearing shall be filed with the clerk of 23 the court and shall be a public record. 24 (c-1) In imposing a sentence for the offense of 25 aggravated kidnapping for ransom, home invasion, armed 26 robbery, aggravated vehicular hijacking, aggravated discharge 27 of a firearm, or armed violence with a category I weapon or 28 category II weapon, the trial judge shall make a finding as 29 to whether the conduct leading to conviction for the offense 30 resulted in great bodily harm to a victim, and shall enter 31 that finding and the basis for that finding in the record. 32 (c-2) If the defendant is sentenced to prison, other 33 than when a sentence of natural life imprisonment or a 34 sentence of death is imposed, at the time the sentence is HB1961 Enrolled -4- LRB9203377RCcdA 1 imposed the judge shall state on the record in open court the 2 approximate period of time the defendant will serve in 3 custody according to the then current statutory rules and 4 regulations for early release found in Section 3-6-3 and 5 other related provisions of this Code. This statement is 6 intended solely to inform the public, has no legal effect on 7 the defendant's actual release, and may not be relied on by 8 the defendant on appeal. 9 The judge's statement, to be given after pronouncing the 10 sentence, other than when the sentence is imposed for one of 11 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 12 shall include the following: 13 "The purpose of this statement is to inform the public of 14 the actual period of time this defendant is likely to spend 15 in prison as a result of this sentence. The actual period of 16 prison time served is determined by the statutes of Illinois 17 as applied to this sentence by the Illinois Department of 18 Corrections and the Illinois Prisoner Review Board. In this 19 case, assuming the defendant receives all of his or her good 20 conduct credit, the period of estimated actual custody is ... 21 years and ... months, less up to 180 days additional good 22 conduct credit for meritorious service. If the defendant, 23 because of his or her own misconduct or failure to comply 24 with the institutional regulations, does not receive those 25 credits, the actual time served in prison will be longer. 26 The defendant may also receive an additional one-half day 27 good conduct credit for each day of participation in 28 vocational, industry, substance abuse, and educational 29 programs as provided for by Illinois statute." 30 When the sentence is imposed for one of the offenses 31 enumerated in paragraph (a)(3) of Section 3-6-3, other than 32 when the sentence is imposed for one of the offenses 33 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 34 or after June 19, 1998, and other than when the sentence is HB1961 Enrolled -5- LRB9203377RCcdA 1 imposed for reckless homicide as defined in subsection (e) of 2 Section 9-3 of the Criminal Code of 1961 if the offense was 3 committed on or after January 1, 1999, the judge's statement, 4 to be given after pronouncing the sentence, shall include the 5 following: 6 "The purpose of this statement is to inform the public of 7 the actual period of time this defendant is likely to spend 8 in prison as a result of this sentence. The actual period of 9 prison time served is determined by the statutes of Illinois 10 as applied to this sentence by the Illinois Department of 11 Corrections and the Illinois Prisoner Review Board. In this 12 case, assuming the defendant receives all of his or her good 13 conduct credit, the period of estimated actual custody is ... 14 years and ... months, less up to 90 days additional good 15 conduct credit for meritorious service. If the defendant, 16 because of his or her own misconduct or failure to comply 17 with the institutional regulations, does not receive those 18 credits, the actual time served in prison will be longer. 19 The defendant may also receive an additional one-half day 20 good conduct credit for each day of participation in 21 vocational, industry, substance abuse, and educational 22 programs as provided for by Illinois statute." 23 When the sentence is imposed for one of the offenses 24 enumerated in paragraph (a)(2) of Section 3-6-3, other than 25 first degree murder, and the offense was committed on or 26 after June 19, 1998, and when the sentence is imposed for 27 reckless homicide as defined in subsection (e) of Section 9-3 28 of the Criminal Code of 1961 if the offense was committed on 29 or after January 1, 1999, the judge's statement, to be given 30 after pronouncing the sentence, shall include the following: 31 "The purpose of this statement is to inform the public of 32 the actual period of time this defendant is likely to spend 33 in prison as a result of this sentence. The actual period of 34 prison time served is determined by the statutes of Illinois HB1961 Enrolled -6- LRB9203377RCcdA 1 as applied to this sentence by the Illinois Department of 2 Corrections and the Illinois Prisoner Review Board. In this 3 case, the defendant is entitled to no more than 4 1/2 days of 4 good conduct credit for each month of his or her sentence of 5 imprisonment. Therefore, this defendant will serve at least 6 85% of his or her sentence. Assuming the defendant receives 7 4 1/2 days credit for each month of his or her sentence, the 8 period of estimated actual custody is ... years and ... 9 months. If the defendant, because of his or her own 10 misconduct or failure to comply with the institutional 11 regulations receives lesser credit, the actual time served in 12 prison will be longer." 13 When a sentence of imprisonment is imposed for first 14 degree murder and the offense was committed on or after June 15 19, 1998, the judge's statement, to be given after 16 pronouncing the sentence, shall include the following: 17 "The purpose of this statement is to inform the public of 18 the actual period of time this defendant is likely to spend 19 in prison as a result of this sentence. The actual period of 20 prison time served is determined by the statutes of Illinois 21 as applied to this sentence by the Illinois Department of 22 Corrections and the Illinois Prisoner Review Board. In this 23 case, the defendant is not entitled to good conduct credit. 24 Therefore, this defendant will serve 100% of his or her 25 sentence." 26 (d) When the defendant is committed to the Department of 27 Corrections, the State's Attorney shall and counsel for the 28 defendant may file a statement with the clerk of the court to 29 be transmitted to the department, agency or institution to 30 which the defendant is committed to furnish such department, 31 agency or institution with the facts and circumstances of the 32 offense for which the person was committed together with all 33 other factual information accessible to them in regard to the 34 person prior to his commitment relative to his habits, HB1961 Enrolled -7- LRB9203377RCcdA 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 HB1961 Enrolled -8- LRB9203377RCcdA 1 the clerk to transmit. 2 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 3 90-740, eff. 1-1-99; 91-357, eff. 7-29-99; 91-899, eff. 4 1-1-01.) 5 (730 ILCS 5/5-8-1.3 new) 6 Sec. 5-8-1.3. Pilot residential and transition treatment 7 program for women. 8 (a) The General Assembly recognizes: 9 (1) that drug-offending women with children who 10 have been in and out of the criminal justice system for 11 years are a serious problem; 12 (2) that the intergenerational cycle of women 13 continuously being part of the criminal justice system 14 needs to be broken; 15 (3) that the effects of drug offending women with 16 children disrupts family harmony and creates an 17 atmosphere that is not conducive to healthy childhood 18 development; 19 (4) that there is a need for an effective 20 residential community supervision model to provide help 21 to women to become drug free, recover from trauma, focus 22 on healthy mother-child relationships, and establish 23 economic independence and long-term support; 24 (5) that certain non-violent women offenders with 25 children eligible for sentences of incarceration, may 26 benefit from the rehabilitative aspects of gender 27 responsive treatment programs and services. This Section 28 shall not be construed to allow violent offenders to 29 participate in a treatment program. 30 (b) Under the direction of the sheriff and with the 31 approval of the county board of commissioners, the sheriff, 32 in any county with more than 3,000,000 inhabitants, may 33 operate a residential and transition treatment program for HB1961 Enrolled -9- LRB9203377RCcdA 1 women established by the Illinois Department of Corrections 2 if funding has been provided by federal, local or private 3 entities. If the court finds during the sentencing hearing 4 conducted under Section 5-4-1 that a woman convicted of a 5 felony meets the eligibility requirements of the sheriff's 6 residential and transition treatment program for women, the 7 court may refer the offender to the sheriff's residential and 8 transition treatment program for women for consideration as a 9 participant as an alternative to incarceration in the 10 penitentiary. The sheriff shall be responsible for 11 supervising all women who are placed in the residential and 12 transition treatment program for women for the 12-month 13 period. In the event that the woman is not accepted for 14 placement in the sheriff's residential and transition 15 treatment program for women, the court shall proceed to 16 sentence the woman to any other disposition authorized by 17 this Code. If the woman does not successfully complete the 18 residential and transition treatment program for women, the 19 woman's failure to do so shall constitute a violation of the 20 sentence to the residential and transition treatment program 21 for women. 22 (c) In order to be eligible to be a participant in the 23 pilot residential and transition treatment program for women, 24 the participant shall meet all of the following conditions: 25 (1) The woman has not been convicted of a violent 26 crime as defined in subsection (c) of Section 3 of the 27 Rights of Crime Victims and Witnesses Act, a Class X 28 felony, first or second degree murder, armed violence, 29 aggravated kidnapping, criminal sexual assault, 30 aggravated criminal sexual abuse or a subsequent 31 conviction for criminal sexual abuse, forcible detention, 32 or arson and has not been previously convicted of any of 33 those offenses. 34 (2) The woman must undergo an initial assessment HB1961 Enrolled -10- LRB9203377RCcdA 1 evaluation to determine the treatment and program plan. 2 (3) The woman was recommended and accepted for 3 placement in the pilot residential and transition 4 treatment program for women by the Department of 5 Corrections and has consented in writing to participation 6 in the program under the terms and conditions of the 7 program. The Department of Corrections may consider 8 whether space is available. 9 (d) The program may include a substance abuse treatment 10 program designed for women offenders, mental health, trauma, 11 and medical treatment; parenting skills and family 12 relationship counseling, preparation for a GED or vocational 13 certificate; life skills program; job readiness and job skill 14 training, and a community transition development plan. 15 (e) With the approval of the Department of Corrections, 16 the sheriff shall issue requirements for the program and 17 inform the participants who shall sign an agreement to adhere 18 to all rules and all requirements for the pilot residential 19 and transition treatment program. 20 (f) Participation in the pilot residential and 21 transition treatment program for women shall be for a period 22 not to exceed 12 months. The period may not be reduced by 23 accumulation of good time. 24 (g) If the woman successfully completes the pilot 25 residential and transition treatment program for women, the 26 sheriff shall notify the Department of Corrections, the 27 court, and the State's Attorney of the county of the woman's 28 successful completion. 29 (h) A woman may be removed from the pilot residential 30 and transition treatment program for women for violation of 31 the terms and conditions of the program or in the event she 32 is unable to participate. The failure to complete the program 33 shall be deemed a violation of the conditions of the program. 34 The sheriff shall give notice to the Department of HB1961 Enrolled -11- LRB9203377RCcdA 1 Corrections, the court, and the State's Attorney of the 2 woman's failure to complete the program. The Department of 3 Corrections or its designee shall file a petition alleging 4 that the woman has violated the conditions of the program 5 with the court. The State's Attorney may proceed on the 6 petition under Section 5-4-1 of this Code. 7 (i) The conditions of the pilot residential and 8 transition treatment program for women shall include that the 9 woman while in the program: 10 (1) Not violate any criminal statute of any 11 jurisdiction; 12 (2) Report or appear in person before any person or 13 agency as directed by the court, the sheriff, or 14 Department of Corrections; 15 (3) Refrain from possessing a firearm or other 16 dangerous weapon; 17 (4) Consent to drug testing; 18 (5) Not leave the State without the consent of the 19 court or, in circumstances in which reason for the 20 absence is of such an emergency nature that prior consent 21 by the court is not possible, without prior notification 22 and approval of the Department of Corrections; 23 (6) Upon placement in the program, must agree to 24 follow all requirements of the program; 25 (j) The Department of Corrections or the sheriff may 26 terminate the program at any time by mutual agreement or with 27 30 days prior written notice by either the Department of 28 Corrections or the sheriff. 29 (k) The Department of Corrections may enter into a joint 30 contract with a county with more than 3,000,000 inhabitants 31 to establish and operate a pilot residential and treatment 32 program for women. 33 (l) The Director of the Department of Corrections shall 34 have the authority to develop rules to establish and operate HB1961 Enrolled -12- LRB9203377RCcdA 1 a pilot residential and treatment program for women that 2 shall include criteria for selection of the participants of 3 the program in conjunction and approval by the sentencing 4 court. Violent crime offenders are not eligible to 5 participate in the program. 6 (m) The Department shall report to the Governor and the 7 General Assembly before September 30th of each year on the 8 pilot residential and treatment program for women, including 9 the composition of the program by offenders, sentence, age, 10 offense, and race. 11 (n) The Department of Corrections or the sheriff may 12 terminate the program with 30 days prior written notice. 13 (o) A county with more than 3,000,000 inhabitants is 14 authorized to apply for funding from federal, local or 15 private entities to create a Residential and Treatment 16 Program for Women. This sentencing option may not go into 17 effect until the funding is secured for the program and the 18 program has been established.