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92_HB5652eng HB5652 Engrossed LRB9214594LBpr 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 Sections 3-6-3 and 5-4-1 as follows: 6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3) 7 Sec. 3-6-3. Rules and Regulations for Early Release. 8 (a) (1) The Department of Corrections shall 9 prescribe rules and regulations for the early release on 10 account of good conduct of persons committed to the 11 Department which shall be subject to review by the 12 Prisoner Review Board. 13 (2) The rules and regulations on early release 14 shall provide, with respect to offenses committed on or 15 after June 19, 1998, the following: 16 (i) that a prisoner who is serving a term of 17 imprisonment for first degree murder shall receive 18 no good conduct credit and shall serve the entire 19 sentence imposed by the court; 20 (ii) that a prisoner serving a sentence for 21 attempt to commit first degree murder, solicitation 22 of murder, solicitation of murder for hire, 23 intentional homicide of an unborn child, predatory 24 criminal sexual assault of a child, aggravated 25 criminal sexual assault, criminal sexual assault, 26 aggravated kidnapping, aggravated battery with a 27 firearm, heinous battery, aggravated battery of a 28 senior citizen, or aggravated battery of a child 29 shall receive no more than 4.5 days of good conduct 30 credit for each month of his or her sentence of 31 imprisonment; and HB5652 Engrossed -2- LRB9214594LBpr 1 (iii) that a prisoner serving a sentence for 2 home invasion, armed robbery, aggravated vehicular 3 hijacking, aggravated discharge of a firearm, or 4 armed violence with a category I weapon or category 5 II weapon, when the court has made and entered a 6 finding, pursuant to subsection (c-1) of Section 7 5-4-1 of this Code, that the conduct leading to 8 conviction for the enumerated offense resulted in 9 great bodily harm to a victim, shall receive no more 10 than 4.5 days of good conduct credit for each month 11 of his or her sentence of imprisonment. 12 (2.1) For all offenses, other than those enumerated 13 in subdivision (a)(2) committed on or after June 19, 14 1998, and other than the offense of reckless homicide as 15 defined in subsection (e) of Section 9-3 of the Criminal 16 Code of 1961 committed on or after January 1, 1999, the 17 rules and regulations shall provide that a prisoner who 18 is serving a term of imprisonment shall receive one day 19 of good conduct credit for each day of his or her 20 sentence of imprisonment or recommitment under Section 21 3-3-9. Each day of good conduct credit shall reduce by 22 one day the prisoner's period of imprisonment or 23 recommitment under Section 3-3-9. 24 (2.2) A prisoner serving a term of natural life 25 imprisonment or a prisoner who has been sentenced to 26 death shall receive no good conduct credit. 27 (2.3) The rules and regulations on early release 28 shall provide that a prisoner who is serving a sentence 29 for reckless homicide as defined in subsection (e) of 30 Section 9-3 of the Criminal Code of 1961 committed on or 31 after January 1, 1999 shall receive no more than 4.5 days 32 of good conduct credit for each month of his or her 33 sentence of imprisonment. 34 (2.4) The rules and regulations on early release HB5652 Engrossed -3- LRB9214594LBpr 1 shall provide with respect to the offenses of aggravated 2 battery with a machine gun or a firearm equipped with any 3 device or attachment designed or used for silencing the 4 report of a firearm or aggravated discharge of a machine 5 gun or a firearm equipped with any device or attachment 6 designed or used for silencing the report of a firearm, 7 committed on or after the effective date of this 8 amendatory Act of 1999, that a prisoner serving a 9 sentence for any of these offenses shall receive no more 10 than 4.5 days of good conduct credit for each month of 11 his or her sentence of imprisonment. 12 (2.5) The rules and regulations on early release 13 shall provide that a prisoner who is serving a sentence 14 for aggravated arson committed on or after the effective 15 date of this amendatory Act of the 92nd General Assembly 16 shall receive no more than 4.5 days of good conduct 17 credit for each month of his or her sentence of 18 imprisonment. 19 (2.6) The rules and regulations on early release 20 shall provide that a prisoner who is serving a sentence 21 for cannabis trafficking under Section 5.1 of the 22 Cannabis Control Act or controlled substance trafficking 23 under Section 401.1 of the Illinois Controlled Substances 24 Act, if the offense was committed on or after the 25 effective date of this amendatory Act of the 92nd General 26 Assembly shall receive no more than 4.5 days of good 27 conduct credit for each month of his or her sentence of 28 imprisonment. 29 (3) The rules and regulations shall also provide 30 that the Director may award up to 180 days additional 31 good conduct credit for meritorious service in specific 32 instances as the Director deems proper; except that no 33 more than 90 days of good conduct credit for meritorious 34 service shall be awarded to any prisoner who is serving a HB5652 Engrossed -4- LRB9214594LBpr 1 sentence for conviction of first degree murder, reckless 2 homicide while under the influence of alcohol or any 3 other drug, aggravated kidnapping, kidnapping, predatory 4 criminal sexual assault of a child, aggravated criminal 5 sexual assault, criminal sexual assault, deviate sexual 6 assault, aggravated criminal sexual abuse, aggravated 7 indecent liberties with a child, indecent liberties with 8 a child, child pornography, heinous battery, aggravated 9 battery of a spouse, aggravated battery of a spouse with 10 a firearm, stalking, aggravated stalking, aggravated 11 battery of a child, endangering the life or health of a 12 child, cruelty to a child, or narcotic racketeering. 13 Notwithstanding the foregoing, good conduct credit for 14 meritorious service shall not be awarded on a sentence of 15 imprisonment imposed for conviction of: (i) one of the 16 offenses enumerated in subdivision (a)(2) when the 17 offense is committed on or after June 19, 1998, (ii) 18 reckless homicide as defined in subsection (e) of Section 19 9-3 of the Criminal Code of 1961 when the offense is 20 committed on or after January 1, 1999, (iii) one of the 21 offenses enumerated in subdivision (a)(2.4) when the 22 offense is committed on or after the effective date of 23 this amendatory Act of 1999,or(iv) aggravated arson 24 when the offense is committed on or after the effective 25 date of this amendatory Act of the 92nd General Assembly, 26 or (v) one of the offenses enumerated in subdivision 27 (a)(2.6) when the offense is committed on or after the 28 effective date of this amendatory Act of the 92nd General 29 Assembly. 30 (4) The rules and regulations shall also provide 31 that the good conduct credit accumulated and retained 32 under paragraph (2.1) of subsection (a) of this Section 33 by any inmate during specific periods of time in which 34 such inmate is engaged full-time in substance abuse HB5652 Engrossed -5- LRB9214594LBpr 1 programs, correctional industry assignments, or 2 educational programs provided by the Department under 3 this paragraph (4) and satisfactorily completes the 4 assigned program as determined by the standards of the 5 Department, shall be multiplied by a factor of 1.25 for 6 program participation before August 11, 1993 and 1.50 for 7 program participation on or after that date. However, no 8 inmate shall be eligible for the additional good conduct 9 credit under this paragraph (4) while assigned to a boot 10 camp, mental health unit, or electronic detention, or if 11 convicted of an offense enumerated in paragraph (a)(2) of 12 this Section that is committed on or after June 19, 1998, 13 or if convicted of reckless homicide as defined in 14 subsection (e) of Section 9-3 of the Criminal Code of 15 1961 if the offense is committed on or after January 1, 16 1999, or if convicted of an offense enumerated in 17 paragraph (a)(2.4) of this Section that is committed on 18 or after the effective date of this amendatory Act of 19 1999, or if convicted of an offense enumerated in 20 paragraph (a)(2.6) of this Section that is committed on 21 or after the effective date of this amendatory Act of the 22 92nd General Assembly, or first degree murder, a Class X 23 felony, criminal sexual assault, felony criminal sexual 24 abuse, aggravated criminal sexual abuse, aggravated 25 battery with a firearm, or any predecessor or successor 26 offenses with the same or substantially the same 27 elements, or any inchoate offenses relating to the 28 foregoing offenses. No inmate shall be eligible for the 29 additional good conduct credit under this paragraph (4) 30 who (i) has previously received increased good conduct 31 credit under this paragraph (4) and has subsequently been 32 convicted of a felony, or (ii) has previously served more 33 than one prior sentence of imprisonment for a felony in 34 an adult correctional facility. HB5652 Engrossed -6- LRB9214594LBpr 1 Educational, vocational, substance abuse and 2 correctional industry programs under which good conduct 3 credit may be increased under this paragraph (4) shall be 4 evaluated by the Department on the basis of documented 5 standards. The Department shall report the results of 6 these evaluations to the Governor and the General 7 Assembly by September 30th of each year. The reports 8 shall include data relating to the recidivism rate among 9 program participants. 10 Availability of these programs shall be subject to 11 the limits of fiscal resources appropriated by the 12 General Assembly for these purposes. Eligible inmates 13 who are denied immediate admission shall be placed on a 14 waiting list under criteria established by the 15 Department. The inability of any inmate to become engaged 16 in any such programs by reason of insufficient program 17 resources or for any other reason established under the 18 rules and regulations of the Department shall not be 19 deemed a cause of action under which the Department or 20 any employee or agent of the Department shall be liable 21 for damages to the inmate. 22 (5) Whenever the Department is to release any 23 inmate earlier than it otherwise would because of a grant 24 of good conduct credit for meritorious service given at 25 any time during the term, the Department shall give 26 reasonable advance notice of the impending release to the 27 State's Attorney of the county where the prosecution of 28 the inmate took place. 29 (b) Whenever a person is or has been committed under 30 several convictions, with separate sentences, the sentences 31 shall be construed under Section 5-8-4 in granting and 32 forfeiting of good time. 33 (c) The Department shall prescribe rules and regulations 34 for revoking good conduct credit, or suspending or reducing HB5652 Engrossed -7- LRB9214594LBpr 1 the rate of accumulation of good conduct credit for specific 2 rule violations, during imprisonment. These rules and 3 regulations shall provide that no inmate may be penalized 4 more than one year of good conduct credit for any one 5 infraction. 6 When the Department seeks to revoke, suspend or reduce 7 the rate of accumulation of any good conduct credits for an 8 alleged infraction of its rules, it shall bring charges 9 therefor against the prisoner sought to be so deprived of 10 good conduct credits before the Prisoner Review Board as 11 provided in subparagraph (a)(4) of Section 3-3-2 of this 12 Code, if the amount of credit at issue exceeds 30 days or 13 when during any 12 month period, the cumulative amount of 14 credit revoked exceeds 30 days except where the infraction is 15 committed or discovered within 60 days of scheduled release. 16 In those cases, the Department of Corrections may revoke up 17 to 30 days of good conduct credit. The Board may subsequently 18 approve the revocation of additional good conduct credit, if 19 the Department seeks to revoke good conduct credit in excess 20 of 30 days. However, the Board shall not be empowered to 21 review the Department's decision with respect to the loss of 22 30 days of good conduct credit within any calendar year for 23 any prisoner or to increase any penalty beyond the length 24 requested by the Department. 25 The Director of the Department of Corrections, in 26 appropriate cases, may restore up to 30 days good conduct 27 credits which have been revoked, suspended or reduced. Any 28 restoration of good conduct credits in excess of 30 days 29 shall be subject to review by the Prisoner Review Board. 30 However, the Board may not restore good conduct credit in 31 excess of the amount requested by the Director. 32 Nothing contained in this Section shall prohibit the 33 Prisoner Review Board from ordering, pursuant to Section 34 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of HB5652 Engrossed -8- LRB9214594LBpr 1 the sentence imposed by the court that was not served due to 2 the accumulation of good conduct credit. 3 (d) If a lawsuit is filed by a prisoner in an Illinois 4 or federal court against the State, the Department of 5 Corrections, or the Prisoner Review Board, or against any of 6 their officers or employees, and the court makes a specific 7 finding that a pleading, motion, or other paper filed by the 8 prisoner is frivolous, the Department of Corrections shall 9 conduct a hearing to revoke up to 180 days of good conduct 10 credit by bringing charges against the prisoner sought to be 11 deprived of the good conduct credits before the Prisoner 12 Review Board as provided in subparagraph (a)(8) of Section 13 3-3-2 of this Code. If the prisoner has not accumulated 180 14 days of good conduct credit at the time of the finding, then 15 the Prisoner Review Board may revoke all good conduct credit 16 accumulated by the prisoner. 17 For purposes of this subsection (d): 18 (1) "Frivolous" means that a pleading, motion, or 19 other filing which purports to be a legal document filed 20 by a prisoner in his or her lawsuit meets any or all of 21 the following criteria: 22 (A) it lacks an arguable basis either in law 23 or in fact; 24 (B) it is being presented for any improper 25 purpose, such as to harass or to cause unnecessary 26 delay or needless increase in the cost of 27 litigation; 28 (C) the claims, defenses, and other legal 29 contentions therein are not warranted by existing 30 law or by a nonfrivolous argument for the extension, 31 modification, or reversal of existing law or the 32 establishment of new law; 33 (D) the allegations and other factual 34 contentions do not have evidentiary support or, if HB5652 Engrossed -9- LRB9214594LBpr 1 specifically so identified, are not likely to have 2 evidentiary support after a reasonable opportunity 3 for further investigation or discovery; or 4 (E) the denials of factual contentions are not 5 warranted on the evidence, or if specifically so 6 identified, are not reasonably based on a lack of 7 information or belief. 8 (2) "Lawsuit" means a petition for post-conviction 9 relief under Article 122 of the Code of Criminal 10 Procedure of 1963, a motion pursuant to Section 116-3 of 11 the Code of Criminal Procedure of 1963, a habeas corpus 12 action under Article X of the Code of Civil Procedure or 13 under federal law (28 U.S.C. 2254), a petition for claim 14 under the Court of Claims Act or an action under the 15 federal Civil Rights Act (42 U.S.C. 1983). 16 (e) Nothing in this amendatory Act of 1998 affects the 17 validity of Public Act 89-404. 18 (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99; 19 92-176, eff. 7-27-01.) 20 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) 21 Sec. 5-4-1. Sentencing Hearing. 22 (a) Except when the death penalty is sought under 23 hearing procedures otherwise specified, after a determination 24 of guilt, a hearing shall be held to impose the sentence. 25 However, prior to the imposition of sentence on an individual 26 being sentenced for an offense based upon a charge for a 27 violation of Section 11-501 of the Illinois Vehicle Code or a 28 similar provision of a local ordinance, the individual must 29 undergo a professional evaluation to determine if an alcohol 30 or other drug abuse problem exists and the extent of such a 31 problem. Programs conducting these evaluations shall be 32 licensed by the Department of Human Services. However, if 33 the individual is not a resident of Illinois, the court may, HB5652 Engrossed -10- LRB9214594LBpr 1 in its discretion, accept an evaluation from a program in the 2 state of such individual's residence. The court may in its 3 sentencing order approve an eligible defendant for placement 4 in a Department of Corrections impact incarceration program 5 as provided in Section 5-8-1.1. At the hearing the court 6 shall: 7 (1) consider the evidence, if any, received upon 8 the trial; 9 (2) consider any presentence reports; 10 (3) consider the financial impact of incarceration 11 based on the financial impact statement filed with the 12 clerk of the court by the Department of Corrections; 13 (4) consider evidence and information offered by 14 the parties in aggravation and mitigation; 15 (5) hear arguments as to sentencing alternatives; 16 (6) afford the defendant the opportunity to make a 17 statement in his own behalf; 18 (7) afford the victim of a violent crime or a 19 violation of Section 11-501 of the Illinois Vehicle Code, 20 or a similar provision of a local ordinance, or a 21 qualified individual affected by a violation of Section 22 405, 405.1, 405.2, or 407 of the Illinois Controlled 23 Substances Act, committed by the defendant the 24 opportunity to make a statement concerning the impact on 25 the victim and to offer evidence in aggravation or 26 mitigation; provided that the statement and evidence 27 offered in aggravation or mitigation must first be 28 prepared in writing in conjunction with the State's 29 Attorney before it may be presented orally at the 30 hearing. Any sworn testimony offered by the victim is 31 subject to the defendant's right to cross-examine. All 32 statements and evidence offered under this paragraph (7) 33 shall become part of the record of the court. For the 34 purpose of this paragraph (7), "qualified individual" HB5652 Engrossed -11- LRB9214594LBpr 1 means any person who (i) lived or worked within the 2 territorial jurisdiction where the offense took place 3 when the offense took place; and (ii) is familiar with 4 various public places within the territorial jurisdiction 5 where the offense took place when the offense took place. 6 For the purposes of this paragraph (7), "qualified 7 individual" includes any peace officer, or any member of 8 any duly organized State, county, or municipal peace unit 9 assigned to the territorial jurisdiction where the 10 offense took place when the offense took place; and 11 (8) in cases of reckless homicide afford the 12 victim's spouse, guardians, parents or other immediate 13 family members an opportunity to make oral statements. 14 (b) All sentences shall be imposed by the judge based 15 upon his independent assessment of the elements specified 16 above and any agreement as to sentence reached by the 17 parties. The judge who presided at the trial or the judge 18 who accepted the plea of guilty shall impose the sentence 19 unless he is no longer sitting as a judge in that court. 20 Where the judge does not impose sentence at the same time on 21 all defendants who are convicted as a result of being 22 involved in the same offense, the defendant or the State's 23 Attorney may advise the sentencing court of the disposition 24 of any other defendants who have been sentenced. 25 (c) In imposing a sentence for a violent crime or for an 26 offense of operating or being in physical control of a 27 vehicle while under the influence of alcohol, any other drug 28 or any combination thereof, or a similar provision of a local 29 ordinance, when such offense resulted in the personal injury 30 to someone other than the defendant, the trial judge shall 31 specify on the record the particular evidence, information, 32 factors in mitigation and aggravation or other reasons that 33 led to his sentencing determination. The full verbatim record 34 of the sentencing hearing shall be filed with the clerk of HB5652 Engrossed -12- LRB9214594LBpr 1 the court and shall be a public record. 2 (c-1) In imposing a sentence for the offense of 3 aggravated kidnapping for ransom, home invasion, armed 4 robbery, aggravated vehicular hijacking, aggravated discharge 5 of a firearm, or armed violence with a category I weapon or 6 category II weapon, the trial judge shall make a finding as 7 to whether the conduct leading to conviction for the offense 8 resulted in great bodily harm to a victim, and shall enter 9 that finding and the basis for that finding in the record. 10 (c-2) If the defendant is sentenced to prison, other 11 than when a sentence of natural life imprisonment or a 12 sentence of death is imposed, at the time the sentence is 13 imposed the judge shall state on the record in open court the 14 approximate period of time the defendant will serve in 15 custody according to the then current statutory rules and 16 regulations for early release found in Section 3-6-3 and 17 other related provisions of this Code. This statement is 18 intended solely to inform the public, has no legal effect on 19 the defendant's actual release, and may not be relied on by 20 the defendant on appeal. 21 The judge's statement, to be given after pronouncing the 22 sentence, other than when the sentence is imposed for one of 23 the offenses enumerated in paragraph (a)(3) of Section 3-6-3, 24 shall include the following: 25 "The purpose of this statement is to inform the public of 26 the actual period of time this defendant is likely to spend 27 in prison as a result of this sentence. The actual period of 28 prison time served is determined by the statutes of Illinois 29 as applied to this sentence by the Illinois Department of 30 Corrections and the Illinois Prisoner Review Board. In this 31 case, assuming the defendant receives all of his or her good 32 conduct credit, the period of estimated actual custody is ... 33 years and ... months, less up to 180 days additional good 34 conduct credit for meritorious service. If the defendant, HB5652 Engrossed -13- LRB9214594LBpr 1 because of his or her own misconduct or failure to comply 2 with the institutional regulations, does not receive those 3 credits, the actual time served in prison will be longer. 4 The defendant may also receive an additional one-half day 5 good conduct credit for each day of participation in 6 vocational, industry, substance abuse, and educational 7 programs as provided for by Illinois statute." 8 When the sentence is imposed for one of the offenses 9 enumerated in paragraph (a)(3) of Section 3-6-3, other than 10 when the sentence is imposed for one of the offenses 11 enumerated in paragraph (a)(2) of Section 3-6-3 committed on 12 or after June 19, 1998, and other than when the sentence is 13 imposed for reckless homicide as defined in subsection (e) of 14 Section 9-3 of the Criminal Code of 1961 if the offense was 15 committed on or after January 1, 1999, and other than when 16 the sentence is imposed for aggravated arson if the offense 17 was committed on or after the effective date of this 18 amendatory Act of the 92nd General Assembly, and other than 19 when the sentence is imposed for one of the offenses 20 enumerated in paragraph (a)(2.6) of Section 3-6-3 committed 21 on or after the effective date of this amendatory Act of the 22 92nd General Assembly, the judge's statement, to be given 23 after pronouncing the sentence, 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 90 days additional good 33 conduct credit for meritorious service. If the defendant, 34 because of his or her own misconduct or failure to comply HB5652 Engrossed -14- LRB9214594LBpr 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)(2) of Section 3-6-3, other than 9 first degree murder, and the offense was committed on or 10 after June 19, 1998, and when the sentence is imposed for 11 reckless homicide as defined in subsection (e) of Section 9-3 12 of the Criminal Code of 1961 if the offense was committed on 13 or after January 1, 1999, and when the sentence is imposed 14 for aggravated arson if the offense was committed on or after 15 the effective date of this amendatory Act of the 92nd General 16 Assembly, and when the sentence is imposed for one of the 17 offenses enumerated in paragraph (a)(2.6) of Section 3-6-3 of 18 this Code committed on or after the effective date of this 19 amendatory Act of the 92nd General Assembly, the judge's 20 statement, to be given after pronouncing the sentence, shall 21 include the following: 22 "The purpose of this statement is to inform the public of 23 the actual period of time this defendant is likely to spend 24 in prison as a result of this sentence. The actual period of 25 prison time served is determined by the statutes of Illinois 26 as applied to this sentence by the Illinois Department of 27 Corrections and the Illinois Prisoner Review Board. In this 28 case, the defendant is entitled to no more than 4 1/2 days of 29 good conduct credit for each month of his or her sentence of 30 imprisonment. Therefore, this defendant will serve at least 31 85% of his or her sentence. Assuming the defendant receives 32 4 1/2 days credit for each month of his or her sentence, the 33 period of estimated actual custody is ... years and ... 34 months. If the defendant, because of his or her own HB5652 Engrossed -15- LRB9214594LBpr 1 misconduct or failure to comply with the institutional 2 regulations receives lesser credit, the actual time served in 3 prison will be longer." 4 When a sentence of imprisonment is imposed for first 5 degree murder and the offense was committed on or after June 6 19, 1998, the judge's statement, to be given after 7 pronouncing the sentence, shall include the following: 8 "The purpose of this statement is to inform the public of 9 the actual period of time this defendant is likely to spend 10 in prison as a result of this sentence. The actual period of 11 prison time served is determined by the statutes of Illinois 12 as applied to this sentence by the Illinois Department of 13 Corrections and the Illinois Prisoner Review Board. In this 14 case, the defendant is not entitled to good conduct credit. 15 Therefore, this defendant will serve 100% of his or her 16 sentence." 17 (d) When the defendant is committed to the Department of 18 Corrections, the State's Attorney shall and counsel for the 19 defendant may file a statement with the clerk of the court to 20 be transmitted to the department, agency or institution to 21 which the defendant is committed to furnish such department, 22 agency or institution with the facts and circumstances of the 23 offense for which the person was committed together with all 24 other factual information accessible to them in regard to the 25 person prior to his commitment relative to his habits, 26 associates, disposition and reputation and any other facts 27 and circumstances which may aid such department, agency or 28 institution during its custody of such person. The clerk 29 shall within 10 days after receiving any such statements 30 transmit a copy to such department, agency or institution and 31 a copy to the other party, provided, however, that this shall 32 not be cause for delay in conveying the person to the 33 department, agency or institution to which he has been 34 committed. HB5652 Engrossed -16- LRB9214594LBpr 1 (e) The clerk of the court shall transmit to the 2 department, agency or institution, if any, to which the 3 defendant is committed, the following: 4 (1) the sentence imposed; 5 (2) any statement by the court of the basis for 6 imposing the sentence; 7 (3) any presentence reports; 8 (4) the number of days, if any, which the defendant 9 has been in custody and for which he is entitled to 10 credit against the sentence, which information shall be 11 provided to the clerk by the sheriff; 12 (4.1) any finding of great bodily harm made by the 13 court with respect to an offense enumerated in subsection 14 (c-1); 15 (5) all statements filed under subsection (d) of 16 this Section; 17 (6) any medical or mental health records or 18 summaries of the defendant; 19 (7) the municipality where the arrest of the 20 offender or the commission of the offense has occurred, 21 where such municipality has a population of more than 22 25,000 persons; 23 (8) all statements made and evidence offered under 24 paragraph (7) of subsection (a) of this Section; and 25 (9) all additional matters which the court directs 26 the clerk to transmit. 27 (Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01; 28 92-176, eff. 7-27-01.)