Public Act 099-0938
 
SB2872 EnrolledLRB099 19925 RLC 44324 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Illinois Criminal Justice Information Act is 
amended  by changing Section 7 as follows:
 



    (20 ILCS 3930/7)  (from Ch. 38, par. 210-7)


    Sec. 7. Powers and Duties. The Authority shall have the 
following
powers, duties and responsibilities:


        (a) To develop and operate comprehensive information 
    systems for the
improvement and coordination of all aspects 
    of law enforcement, prosecution
and corrections;


        (b) To define, develop, evaluate and correlate State 
    and local programs
and projects associated with the 
    improvement of law enforcement and the
administration of 
    criminal justice;


        (c) To act as a central repository and clearing house 
    for federal, state
and local research studies, plans, 
    projects, proposals and other information
relating to all 
    aspects of criminal justice system improvement and to 
    encourage
educational programs for citizen support of 
    State and local efforts to make
such improvements;


        (d) To undertake research studies to aid in 
    accomplishing its purposes;


        (e) To monitor the operation of existing criminal 
    justice information
systems in order to protect the 
    constitutional rights and privacy of
individuals about 
    whom criminal history record information has been 
    collected;


        (f) To provide an effective administrative forum for 
    the protection of
the rights of individuals concerning 
    criminal history record information;


        (g) To issue regulations, guidelines and procedures 
    which ensure the privacy
and security of criminal history 
    record information
consistent with State and federal laws;


        (h) To act as the sole administrative appeal body in 
    the State of
Illinois to conduct hearings and make final 
    determinations concerning
individual challenges to the 
    completeness and accuracy of criminal
history record 
    information;


        (i) To act as the sole, official, criminal justice body 
    in the State of
Illinois to conduct annual and periodic 
    audits of the procedures, policies,
and practices of the 
    State central repositories for criminal history
record 
    information to verify compliance with federal and state 
    laws and
regulations governing such information;


        (j) To advise the Authority's Statistical Analysis 
    Center;


        (k) To apply for, receive, establish priorities for, 
    allocate, disburse
and spend grants of funds that are made 
    available by and received on or
after January 1, 1983 from 
    private sources or from the United States pursuant
to the 
    federal Crime Control Act of 1973, as amended, and similar 
    federal
legislation, and to enter into agreements with the 
    United States government
to further the purposes of this 
    Act, or as may be required as a condition
of obtaining 
    federal funds;


        (l) To receive, expend and account for such funds of 
    the State of Illinois
as may be made available to further 
    the purposes of this Act;


        (m) To enter into contracts and to cooperate with units 
    of general local
government or combinations of such units, 
    State agencies, and criminal justice
system agencies of 
    other states for the purpose of carrying out the duties
of 
    the Authority imposed by this Act or by the federal Crime 
    Control Act
of 1973, as amended;


        (n) To enter into contracts and cooperate with units of 
    general local
government outside of Illinois, other 
    states' agencies, and private
organizations outside of 
    Illinois to provide computer software or design
that has 
    been developed for the Illinois criminal justice system, or 
    to
participate in the cooperative development or design of 
    new software or
systems to be used by the Illinois criminal 
    justice system.  Revenues
received as a result of such 
    arrangements shall be deposited in the
Criminal Justice 
    Information Systems Trust Fund; .


        (o) To establish general policies concerning criminal 
    justice information
systems and to promulgate such rules, 
    regulations and procedures as are
necessary to the 
    operation of the Authority and to the uniform consideration

    of appeals and audits;


        (p) To advise and to make recommendations to the 
    Governor and the General
Assembly on policies relating to 
    criminal justice information systems;


        (q) To direct all other agencies under the jurisdiction 
    of the Governor
to provide whatever assistance and 
    information the Authority may lawfully
require to carry out 
    its functions;


        (r) To exercise any other powers that are reasonable 
    and necessary to
fulfill the responsibilities of the 
    Authority under this Act and to comply
with the 
    requirements of applicable federal law or regulation;


        (s) To exercise the rights, powers and duties which 
    have been vested
in the Authority by the "Illinois Uniform 
    Conviction Information Act",
enacted by the 85th General 
    Assembly, as hereafter amended;


        (t) To exercise the rights, powers and duties which 
    have been vested
in the Authority by the Illinois Motor 
    Vehicle Theft Prevention Act;

        (u) To exercise the rights, powers, and duties vested 
    in the Authority by the Illinois Public Safety Agency 
    Network Act; and
        (v) To provide technical assistance in the form of 
    training to local governmental entities within Illinois 
    requesting such assistance for the purposes of procuring 
    grants for gang intervention and gang prevention programs 
    or other criminal justice programs from the United States 
    Department of Justice; and . 
        (w) To conduct strategic planning and provide 
    technical assistance to implement comprehensive trauma 
    recovery services for violent crime victims in underserved  
    communities with high levels of violent crime, with the 
    goal of providing a safe, community-based, culturally 
    competent environment in which to access services 
    necessary to facilitate recovery from the effects of 
    chronic and repeat exposure to trauma.  Services may 
    include, but are not limited to, behavioral health 
    treatment, financial recovery, family support and 
    relocation assistance, and support in navigating the legal 
    system. 
    The requirement for reporting to the General Assembly shall 
be satisfied
by filing copies of the report with the Speaker, 
the Minority Leader and
the Clerk of the House of 
Representatives and the President, the Minority
Leader and the 
Secretary of the Senate and the Legislative Research
Unit, as 
required by Section 3.1 of "An Act to revise the law in 
relation
to the General Assembly", approved February 25, 1874, 
as amended, and
filing such additional copies with the State 
Government Report Distribution
Center for the General Assembly 
as is required under paragraph (t) of
Section 7 of the State 
Library Act.

(Source: P.A. 97-435, eff. 1-1-12.)

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
 

    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)

 
  
    Sec. 3-6-3. Rules and regulations for sentence credit. 

    (a)(1) The Department of Corrections shall prescribe rules

and regulations for awarding and revoking sentence credit for 
persons committed to the Department which shall
be subject to 
review by the Prisoner Review Board.

    (1.5) As otherwise provided by law, sentence credit may be 
awarded for the following: 
        (A) successful completion of programming while in 
    custody of the Department or while in custody prior to 
    sentencing; 
        (B) compliance with the rules and regulations of the 
    Department; or 
        (C) service to the institution, service to a community, 
    or service to the State. 
    (2) The rules and regulations on sentence credit shall 
provide, with
respect to offenses listed in clause (i), (ii), 
or (iii) of this paragraph (2) committed on or after June 19, 
1998 or with respect to the offense listed in clause (iv) of 
this paragraph (2) committed on or after June 23, 2005 (the 
effective date of Public Act 94-71) or with
respect to offense 
listed in clause (vi)
 committed on or after June 1, 2008 (the 
effective date of Public Act 95-625)
 or with respect to the 
offense of being an armed habitual criminal committed on or 
after August 2, 2005 (the effective date of Public Act 94-398) 
or with respect to the offenses listed in clause (v) of this 
paragraph (2) committed on or after August 13, 2007 (the 
effective date of Public Act 95-134) or with respect to the 
offense of aggravated domestic battery committed on or after 
July 23, 2010 (the effective date of Public Act 96-1224) or 
with respect to the offense of attempt to commit terrorism 
committed on or after January 1, 2013 (the effective date of 
Public Act 97-990), the following:

        (i) that a prisoner who is serving a term of 
    imprisonment for first
degree murder or for the offense of 
    terrorism shall receive no sentence
credit and shall serve 
    the entire
sentence imposed by the court;

        (ii) that a prisoner serving a sentence for attempt to 
    commit terrorism, attempt to commit first
degree murder, 
    solicitation of murder, solicitation of murder for hire,

    intentional homicide of an unborn child, predatory 
    criminal sexual assault of a
child, aggravated criminal 
    sexual assault, criminal sexual assault, aggravated

    kidnapping,  aggravated battery with a firearm as described 
    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
    (e)(4) of Section 12-3.05, heinous battery as described in 
    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
    being an armed habitual criminal, aggravated
battery of a 
    senior citizen as described in Section 12-4.6 or 
    subdivision (a)(4) of Section 12-3.05, or aggravated 
    battery of a child as described in Section 12-4.3 or 
    subdivision (b)(1) of Section 12-3.05 shall receive no
more 
    than 4.5 days of sentence credit for each month of his or 
    her sentence
of imprisonment;

        (iii) that a prisoner serving a sentence
for home 
    invasion, armed robbery, aggravated vehicular hijacking,

    aggravated discharge of a firearm, or armed violence with a 
    category I weapon
or category II weapon, when the court
has 
    made and entered a finding, pursuant to subsection (c-1) of 
    Section 5-4-1
of this Code, that the conduct leading to 
    conviction for the enumerated offense
resulted in great 
    bodily harm to a victim, shall receive no more than 4.5 
    days
of sentence credit for each month of his or her 
    sentence of imprisonment;

        (iv) that a prisoner serving a sentence for aggravated 
    discharge of a firearm, whether or not the conduct leading 
    to conviction for the offense resulted in great bodily harm 
    to the victim, shall receive no more than 4.5 days of 
    sentence credit for each month of his or her sentence of 
    imprisonment;

        (v) that a person serving a sentence for gunrunning, 
    narcotics racketeering, controlled substance trafficking, 
    methamphetamine trafficking, drug-induced homicide, 
    aggravated methamphetamine-related child endangerment, 
    money laundering pursuant to clause (c) (4) or (5) of 
    Section 29B-1  of the Criminal Code of 1961 or the Criminal 
    Code of 2012, or a Class X felony conviction for delivery 
    of a controlled substance, possession of a controlled 
    substance with intent to manufacture or deliver, 
    calculated criminal drug conspiracy, criminal drug 
    conspiracy, street gang criminal drug conspiracy, 
    participation in methamphetamine manufacturing, aggravated 
    participation in methamphetamine manufacturing, delivery 
    of methamphetamine, possession with intent to deliver 
    methamphetamine, aggravated delivery of methamphetamine, 
    aggravated possession with intent to deliver 
    methamphetamine, methamphetamine conspiracy when the 
    substance containing the controlled substance or 
    methamphetamine is 100 grams or more shall receive no more 
    than 7.5 days sentence credit for each month of his or her 
    sentence of imprisonment;

        (vi)
 that a prisoner serving a sentence for a second or 
    subsequent offense of luring a minor shall receive no more 
    than 4.5 days of sentence credit for each month of his or 
    her sentence of imprisonment; and

        (vii)  that a prisoner serving a sentence for aggravated 
    domestic battery shall receive no more than 4.5 days of 
    sentence credit for each month of his or her sentence of 
    imprisonment. 
    (2.1) For all offenses, other than those enumerated in 
subdivision (a)(2)(i), (ii), or (iii)
committed on or after 
June 19, 1998 or subdivision (a)(2)(iv) committed on or after 
June 23, 2005 (the effective date of Public Act 94-71) or 
subdivision (a)(2)(v) committed on or after August 13, 2007 
(the effective date of Public Act 95-134)
 or subdivision 
(a)(2)(vi) committed on or after June 1, 2008 (the effective 
date of Public Act 95-625) or subdivision (a)(2)(vii) committed 
on or after July 23, 2010 (the effective date of Public Act 
96-1224), and other than the offense of aggravated driving 
under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination thereof 
as defined in
subparagraph (F) of paragraph (1) of subsection 
(d) of Section 11-501 of the
Illinois Vehicle Code, and other 
than the offense of aggravated driving under the influence of 
alcohol,
other drug or drugs, or intoxicating compound or 
compounds, or any combination
thereof as defined in 
subparagraph (C) of paragraph (1) of subsection (d) of
Section 
11-501 of the Illinois Vehicle Code committed on or after 
January 1, 2011 (the effective date of Public Act 96-1230),
the 
rules and regulations shall
provide that a prisoner who is 
serving a term of
imprisonment shall receive one day of 
sentence credit for each day of
his or her sentence of 
imprisonment or recommitment under Section 3-3-9.
Each day of 
sentence credit shall reduce by one day the prisoner's period

of imprisonment or recommitment under Section 3-3-9.

    (2.2) A prisoner serving a term of natural life 
imprisonment or a
prisoner who has been sentenced to death 
shall receive no sentence
credit.

    (2.3) The rules and regulations on sentence credit shall 
provide that
a prisoner who is serving a sentence for 
aggravated driving under the influence of alcohol,
other drug 
or drugs, or intoxicating compound or compounds, or any 
combination
thereof as defined in subparagraph (F) of paragraph 
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
Code, shall receive no more than 4.5
days of sentence credit 
for each month of his or her sentence of
imprisonment.

    (2.4) The rules and regulations on sentence credit shall 
provide with
respect to the offenses of aggravated battery with 
a machine gun or a firearm
equipped with any device or 
attachment designed or used for silencing the
report of a 
firearm or aggravated discharge of a machine gun or a firearm

equipped with any device or attachment designed or used for 
silencing the
report of a firearm, committed on or after
July 
15, 1999 (the effective date of Public Act 91-121),
that a 
prisoner serving a sentence for any of these offenses shall 
receive no
more than 4.5 days of sentence credit for each month 
of his or her sentence
of imprisonment.

    (2.5) The rules and regulations on sentence credit shall 
provide that a
prisoner who is serving a sentence for 
aggravated arson committed on or after
July 27, 2001 (the 
effective date of Public Act 92-176) shall receive no more than

4.5 days of sentence credit for each month of his or her 
sentence of
imprisonment.

    (2.6)  The rules and regulations on sentence credit shall 
provide that a
prisoner who is serving a sentence for 
aggravated driving under the influence of alcohol,
other drug 
or drugs, or intoxicating compound or compounds or any 
combination
thereof as defined in subparagraph (C) of paragraph 
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle 
Code committed on or after January 1, 2011 (the effective date 
of Public Act 96-1230) shall receive no more than 4.5
days of 
sentence credit for each month of his or her sentence of

imprisonment.
    (3) The rules and regulations shall also provide that
the 
Director may award up to 180 days of earned additional sentence

credit for good conduct in specific instances as the
Director 
deems proper. The good conduct may include, but is not limited 
to, compliance with the rules and regulations of the 
Department, service to the Department, service to a community, 
or service to the State. However, the Director shall not award 
more than 90 days
of sentence credit for good conduct to any 
prisoner who is serving a sentence for
conviction of first 
degree murder, reckless homicide while under the
influence of 
alcohol or any other drug,
or aggravated driving under the 
influence of alcohol, other drug or drugs, or
intoxicating 
compound or compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section 
11-501 of the
Illinois Vehicle Code, aggravated kidnapping, 
kidnapping,
predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual assault, 
deviate sexual
assault, aggravated criminal sexual abuse, 
aggravated indecent liberties
with a child, indecent liberties 
with a child, child pornography, heinous
battery as described 
in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, 
aggravated battery of a spouse, aggravated battery of a spouse

with a firearm, stalking, aggravated stalking, aggravated 
battery of a child as described in Section 12-4.3 or 
subdivision (b)(1) of Section 12-3.05,
endangering the life or 
health of a child, or cruelty to a child.  Notwithstanding the 
foregoing, sentence credit for
good conduct shall not be 
awarded on a
sentence of imprisonment imposed for conviction 
of: (i) one of the offenses
enumerated in subdivision 
(a)(2)(i), (ii), or (iii) when the offense is committed on or 
after
June 19, 1998 or subdivision (a)(2)(iv) when the offense 
is committed on or after June 23, 2005 (the effective date of 
Public Act 94-71) or subdivision (a)(2)(v) when the offense is 
committed on or after August 13, 2007 (the effective date of 
Public Act 95-134)
 or subdivision (a)(2)(vi) when the offense 
is committed on or after June 1, 2008 (the effective date of 
Public Act 95-625) or subdivision (a)(2)(vii) when the offense 
is committed on or after July 23, 2010 (the effective date of 
Public Act 96-1224), (ii) aggravated driving under the 
influence of alcohol, other drug or drugs, or
intoxicating 
compound or compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of Section 
11-501 of the
Illinois Vehicle Code, (iii) one of the offenses 
enumerated in subdivision
(a)(2.4) when the offense is 
committed on or after
July 15, 1999 (the effective date of 
Public Act 91-121),
(iv) aggravated arson when the offense is 
committed
on or after July 27, 2001 (the effective date of 
Public Act 92-176), (v) offenses that may subject the offender 
to commitment under the Sexually Violent Persons Commitment 
Act, or (vi)  aggravated driving under the influence of alcohol,

other drug or drugs, or intoxicating compound or compounds or 
any combination
thereof as defined in subparagraph (C) of 
paragraph (1) of subsection (d) of
Section 11-501 of the 
Illinois Vehicle Code committed on or after January 1, 2011 
(the effective date of Public Act 96-1230).

    Eligible inmates for an award of earned sentence credit 
under

this paragraph (3) may be selected to receive the credit 
at

the Director's or his or her designee's sole discretion.


Eligibility for the additional earned sentence credit under 
this paragraph (3) shall be based on, but is not limited to, 
the results of any available risk/needs assessment or other 
relevant assessments or evaluations administered by the 
Department using a validated instrument, the circumstances of 
the crime, any history of conviction for a forcible felony 
enumerated in Section 2-8 of the Criminal Code of 2012, the 
inmate's behavior and disciplinary history while incarcerated, 
and the inmate's commitment to rehabilitation, including 
participation in programming offered by the Department. 
Consideration may be based on, but not limited to, any


available risk assessment analysis on the inmate, any history 
of conviction for violent crimes as defined by the Rights of 
Crime Victims and Witnesses Act, facts and circumstances of the 
inmate's holding offense or offenses, and the potential for 
rehabilitation. 
    The Director shall not award sentence credit under this 
paragraph (3) to an inmate unless the inmate has served a 
minimum of 60 days of the sentence; except nothing in this 
paragraph shall be construed to permit the Director to extend 
an inmate's sentence beyond that which was imposed by the 
court. Prior to awarding credit under this paragraph (3), the 
Director shall make a written determination that the inmate:
        (A) is eligible for the earned sentence credit;
        (B) has served a minimum of 60 days, or as close to 60 
    days as the sentence will allow; and
        (B-1) has received a risk/needs assessment or other 
    relevant evaluation or assessment administered by the 
    Department using a validated instrument; and
        (C) has met the eligibility criteria established under 
    paragraph (4) of this subsection (a) and by rule for earned 
    sentence credit.
    The Director shall determine the form and content of the 
written determination required in this subsection.
    (3.5) The Department shall provide annual written reports 
to the Governor and the General Assembly on the award of earned 
sentence credit no later than February 1 of each year for good 
conduct, with the first report due January 1, 2014. The 
Department must publish both reports on its website within 48 
hours of transmitting the reports to the Governor and the 
General Assembly. The reports must include:
        (A) the number of inmates awarded earned sentence 
    credit for good conduct;
        (B) the average amount of earned sentence credit for 
    good conduct awarded;
        (C) the holding offenses of inmates awarded  earned 
    sentence credit for good conduct; and
        (D) the number of earned sentence credit for good 
    conduct revocations. 
    (4) The rules and regulations shall also provide that the 
sentence
credit accumulated and retained under paragraph (2.1) 
of subsection (a) of
this Section by any inmate during specific 
periods of time in which such
inmate is engaged full-time in 
substance abuse programs, correctional
industry assignments, 
educational programs, behavior modification programs, life 
skills courses, or re-entry planning provided by the Department

under this paragraph (4) and satisfactorily completes the 
assigned program as
determined by the standards of the 
Department, shall be multiplied by a factor
of 1.25 for program 
participation before August 11, 1993
and 1.50 for program 
participation on or after that date.
The rules and regulations 
shall also provide that sentence credit, subject to the same 
offense limits and multiplier provided in this paragraph, may 
be provided to an inmate who was held in pre-trial detention 
prior to his or her current commitment to the Department of 
Corrections and successfully completed a full-time, 60-day or 
longer substance abuse program, educational program, behavior 
modification program, life skills course, or re-entry planning 
provided by the county department of corrections or county 
jail.  Calculation of this county program credit shall be done 
at sentencing as provided in Section 5-4.5-100 of this Code and 
shall be included in the sentencing order. However, no inmate 
shall be eligible for the additional sentence credit
under this 
paragraph (4) or (4.1) of this subsection (a) while assigned to 
a boot camp
or electronic detention, or if convicted of an 
offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of 
this Section that is committed on or after June 19,
1998 or 
subdivision (a)(2)(iv) of this Section that is committed on or 
after June 23, 2005 (the effective date of Public Act 94-71) or 
subdivision (a)(2)(v) of this Section that is committed on or 
after August 13, 2007 (the effective date of Public Act 95-134)
 
or subdivision (a)(2)(vi) when the offense is committed on or 
after June 1, 2008 (the effective date of Public Act 95-625) or 
subdivision (a)(2)(vii) when the offense is committed on or 
after July 23, 2010 (the effective date of Public Act 96-1224), 
or if convicted of aggravated driving under the influence of 
alcohol, other drug or drugs, or
intoxicating compound or 
compounds or any combination thereof as defined in
subparagraph 
(F) of paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, or  if convicted of aggravated driving 
under the influence of alcohol,
other drug or drugs, or 
intoxicating compound or compounds or any combination
thereof 
as defined in subparagraph (C) of paragraph (1) of subsection 
(d) of
Section 11-501 of the Illinois Vehicle Code committed on 
or after January 1, 2011 (the effective date of Public Act 
96-1230), or if convicted of an offense enumerated in paragraph

(a)(2.4) of this Section that is committed on or after
July 15, 
1999 (the effective date of Public Act 91-121),
or first degree 
murder, a Class X felony, criminal sexual
assault, felony 
criminal sexual abuse, aggravated criminal sexual abuse,

aggravated battery with a firearm as described in Section 
12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of 
Section 12-3.05, or any predecessor or successor offenses
with 
the same or substantially the same elements, or any inchoate 
offenses
relating to the foregoing offenses.  No inmate shall be 
eligible for the
additional good conduct credit under this 
paragraph (4) who (i) has previously
received increased good 
conduct credit under this paragraph (4) and has
subsequently 
been convicted of a
felony, or (ii) has previously served more 
than one prior sentence of
imprisonment for a felony in an 
adult correctional facility.

    Educational, vocational, substance abuse, behavior 
modification programs, life skills courses, re-entry planning, 
and correctional
industry programs under which sentence credit 
may be increased under
this paragraph (4) and paragraph (4.1) 
of this subsection (a) shall be evaluated by the Department on 
the basis of
documented standards.  The Department shall report 
the results of these
evaluations to the Governor and the 
General Assembly by September 30th of each
year.  The reports 
shall include data relating to the recidivism rate among

program participants.

    Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General Assembly 
for these
purposes.  Eligible inmates who are denied immediate 
admission shall be
placed on a waiting list under criteria 
established by the Department.
The inability of any inmate to 
become engaged in any such programs
by reason of insufficient 
program resources or for any other reason
established under the 
rules and regulations of the Department shall not be
deemed a 
cause of action under which the Department or any employee or

agent of the Department shall be liable for damages to the 
inmate.

    (4.1) The rules and regulations shall also provide that an 
additional 90 days of sentence credit shall be awarded to any 
prisoner who passes high school equivalency testing while the 
prisoner is committed to the Department of Corrections.   The 
sentence credit awarded under this paragraph (4.1) shall be in 
addition to, and shall not affect, the award of sentence credit 
under any other paragraph of this Section, but shall also be 
pursuant to the guidelines and restrictions set forth in 
paragraph (4) of subsection (a) of this Section.
The sentence 
credit provided for in this paragraph shall be available only 
to those prisoners who have not previously earned a high school 
diploma or a high school equivalency certificate.  If, after an 
award of the high school equivalency testing sentence credit 
has been made, the Department determines that the prisoner was 
not eligible, then the award shall be revoked.
The Department 
may also award 90 days of sentence credit to any committed 
person who passed high school equivalency testing while he or 
she was held in pre-trial detention prior to the current 
commitment to the Department of Corrections. 
    (4.5) The rules and regulations on sentence credit shall 
also provide that
when the court's sentencing order recommends 
a prisoner for substance abuse treatment and the
crime was 
committed on or after September 1, 2003 (the effective date of

Public Act 93-354), the prisoner shall receive no sentence 
credit awarded under clause (3) of this subsection (a) unless 
he or she participates in and
completes a substance abuse 
treatment program.  The Director may waive the requirement to 
participate in or complete a substance abuse treatment program 
and award the sentence credit in specific instances if the 
prisoner is not a good candidate for a substance abuse 
treatment program for medical, programming, or operational 
reasons. Availability of
substance abuse treatment shall be 
subject to the limits of fiscal resources
appropriated by the 
General Assembly for these purposes. If treatment is not

available and the requirement to participate and complete the 
treatment has not been waived by the Director, the prisoner 
shall be placed on a waiting list under criteria
established by 
the Department. The Director may allow a prisoner placed on
a 
waiting list to participate in and complete a substance abuse 
education class or attend substance
abuse self-help meetings in 
lieu of a substance abuse treatment program.  A prisoner on a 
waiting list who is not placed in a substance abuse program 
prior to release may be eligible for a waiver and receive 
sentence credit under clause (3) of this subsection (a) at the 
discretion of the Director.

    (4.6) The rules and regulations on sentence credit shall 
also provide that a prisoner who has been convicted of a sex 
offense as defined in Section 2 of the Sex Offender 
Registration Act shall receive no sentence credit unless he or 
she either has successfully completed or is participating in 
sex offender treatment as defined by the Sex Offender 
Management Board.  However, prisoners who are waiting to receive 
treatment, but who are unable to do so due solely to the lack 
of resources on the part of the Department, may, at the 
Director's sole discretion, be awarded sentence credit at a 
rate as the Director shall determine.
    (5) Whenever the Department is to release any inmate 
earlier than it
otherwise would because of a grant of  earned 
sentence credit for good conduct under paragraph (3) of 
subsection (a) of this Section given at any time during the 
term, the Department shall give
reasonable notice of the 
impending release not less than 14 days prior to the date of 
the release to the State's
Attorney of the county where the 
prosecution of the inmate took place, and if applicable, the 
State's Attorney of the county into which the inmate will be 
released. The Department must also make identification 
information and a recent photo of the inmate being released 
accessible on the Internet by means of a hyperlink labeled 
"Community Notification of Inmate Early Release" on the 
Department's World Wide Web homepage.

  The identification 
information shall include the inmate's: name, any known alias, 
date of birth, physical characteristics, commitment offense 
and county where conviction was imposed. The identification 
information shall be placed on the website within 3 days of the 
inmate's release and the information may not be removed until 
either: completion of the first year of mandatory supervised 
release or return of the inmate to custody of the Department.

    (b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

    (c) The Department shall prescribe rules and regulations

for revoking sentence credit, including revoking  sentence 
credit awarded for good conduct under paragraph (3) of 
subsection (a) of this Section. The Department shall prescribe 
rules and regulations for suspending or reducing
the rate of 
accumulation of sentence credit for specific
rule violations, 
during imprisonment.  These rules and regulations
shall provide 
that no inmate may be penalized more than one
year of sentence 
credit for any one infraction.

    When the Department seeks to revoke, suspend or reduce
the 
rate of accumulation of any sentence credits for
an alleged 
infraction of its rules, it shall bring charges
therefor 
against the prisoner sought to be so deprived of
sentence 
credits before the Prisoner Review Board as
provided in 
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the 
amount of credit at issue exceeds 30 days or
when during any 12 
month period, the cumulative amount of
credit revoked exceeds 
30 days except where the infraction is committed
or discovered 
within 60 days of scheduled release. In those cases,
the 
Department of Corrections may revoke up to 30 days of sentence 
credit.
The Board may subsequently approve the revocation of 
additional sentence credit, if the Department seeks to revoke 
sentence credit in
excess of 30 days.  However, the Board shall 
not be empowered to review the
Department's decision with 
respect to the loss of 30 days of sentence
credit within any 
calendar year for any prisoner or to increase any penalty

beyond the length requested by the Department.

    The Director of the Department of Corrections, in 
appropriate cases, may
restore up to 30 days of sentence 
credits which have been revoked, suspended
or reduced. Any 
restoration of sentence credits in excess of 30 days shall
be 
subject to review by the Prisoner Review Board. However, the 
Board may not
restore sentence credit in excess of the amount 
requested by the Director.

    Nothing contained in this Section shall prohibit the 
Prisoner Review Board
from ordering, pursuant to Section 
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the 
sentence imposed by the court that was not served due to the

accumulation of sentence credit.

    (d) If a lawsuit is filed by a prisoner in an Illinois or 
federal court
against the State, the Department of Corrections, 
or the Prisoner Review Board,
or against any of
their officers 
or employees, and the court makes a specific finding that a

pleading, motion, or other paper filed by the prisoner is 
frivolous, the
Department of Corrections shall conduct a 
hearing to revoke up to
180 days of sentence credit by bringing 
charges against the prisoner
sought to be deprived of the 
sentence credits before the Prisoner Review
Board as provided 
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the 
prisoner has not accumulated 180 days of sentence credit at the

time of the finding, then the Prisoner Review Board may revoke 
all
sentence credit accumulated by the prisoner.

    For purposes of this subsection (d):

        (1) "Frivolous" means that a pleading, motion, or other 
    filing which
purports to be a legal document filed by a 
    prisoner in his or her lawsuit meets
any or all of the 
    following criteria:

            (A) it lacks an arguable basis either in law or in 
        fact;

            (B) it is being presented for any improper purpose, 
        such as to harass or
to cause unnecessary delay or 
        needless increase in the cost of litigation;

            (C) the claims, defenses, and other legal 
        contentions therein are not
warranted by existing law 
        or by a nonfrivolous argument for the extension,

        modification, or reversal of existing law or the 
        establishment of new law;

            (D) the allegations and other factual contentions 
        do not have
evidentiary
support or, if specifically so 
        identified, are not likely to have evidentiary
support 
        after a reasonable opportunity for further 
        investigation or discovery;
or

            (E) the denials of factual contentions are not 
        warranted on the
evidence, or if specifically so 
        identified, are not reasonably based on a lack
of 
        information or belief.

        (2) "Lawsuit" means a motion pursuant to Section
116-3 
    of the Code of Criminal Procedure of 1963, a habeas corpus 
    action under
Article X of the Code of Civil Procedure or 
    under federal law (28 U.S.C. 2254),
a petition for claim 
    under the Court of Claims Act, an action under the
federal 
    Civil Rights Act (42 U.S.C. 1983), or a second or 
    subsequent petition for post-conviction relief under 
    Article 122 of the Code of Criminal Procedure of 1963 
    whether filed with or without leave of court or a second or 
    subsequent petition for relief from judgment under Section 
    2-1401 of the Code of Civil Procedure.

    (e) Nothing in Public Act 90-592 or 90-593 affects the 
validity of Public Act 89-404.

    (f)  Whenever the Department is to release any inmate who 
has been convicted of a violation of an order of protection 
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or 
the Criminal Code of 2012, earlier than it
otherwise would 
because of a grant of sentence credit, the Department, as a 
condition of release, shall require that the person, upon 
release, be placed under electronic surveillance as provided in 
Section 5-8A-7 of this Code. 
(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, 
eff. 1-1-16; 99-642, eff. 7-28-16.)

 


    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)


    Sec. 5-4-1. Sentencing Hearing. 

    (a) Except when the death penalty is
sought under hearing 
procedures otherwise specified, after a
determination of 
guilt, a hearing shall be held to impose the sentence.
However, 
prior to the imposition of sentence on an individual being

sentenced for an offense based upon a charge for a violation of 
Section
11-501 of the Illinois Vehicle Code or a similar 
provision of a local
ordinance, the individual must undergo a 
professional evaluation to
determine if an alcohol or other 
drug abuse problem exists and the extent
of such a problem.  
Programs conducting these evaluations shall be
licensed by the 
Department of Human Services.  However, if the individual is
not 
a resident of Illinois, the court
may, in its discretion, 
accept an evaluation from a program in the state of
such 
individual's residence. The court may in its sentencing order 
approve an
eligible defendant for placement in a Department of 
Corrections impact
incarceration program as provided in 
Section 5-8-1.1 or 5-8-1.3.  The court may in its sentencing 
order recommend a defendant for placement in a Department of 
Corrections substance abuse treatment program as provided in 
paragraph (a) of subsection (1) of Section 3-2-2 conditioned 
upon the defendant being accepted in a program by the 
Department of Corrections. At the
hearing the court
shall:


        (1) consider the evidence, if any, received upon the 
    trial;


        (2) consider any presentence reports;


        (3) consider the financial impact of incarceration 
    based on the
financial impact statement filed with the 
    clerk of the court by the
Department of Corrections;


        (4) consider evidence and information offered by the 
    parties in
aggravation and mitigation;
        (4.5) consider substance abuse treatment, eligibility 
    screening, and an assessment, if any, of the defendant by 
    an agent designated by the State of Illinois to provide 
    assessment services for the Illinois courts;



        (5) hear arguments as to sentencing alternatives;


        (6) afford the defendant the opportunity to make a 
    statement in his
own behalf;


        (7) afford the victim of a violent crime or a violation 
    of Section
11-501 of the Illinois Vehicle Code, or a 
    similar provision of a local
ordinance, or a qualified 
    individual affected by: (i) a violation of Section
405, 
    405.1, 405.2, or 407 of the Illinois Controlled Substances 
    Act or a  violation of Section 55 or Section 65  of the 
    Methamphetamine Control and Community Protection Act,
or 
    (ii) a Class 4 felony violation of Section 11-14, 11-14.3 
    except as described in subdivisions (a)(2)(A) and 
    (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the 
    Criminal Code of 1961 or the Criminal Code of 2012,

    committed by the defendant the opportunity to make a 
    statement
concerning the impact on the victim and to offer 
    evidence in aggravation or
mitigation; provided that the 
    statement and evidence offered in aggravation
or 
    mitigation must first be prepared in writing in conjunction 
    with the
State's Attorney before it may be presented orally 
    at the hearing. Any
sworn testimony offered by the victim 
    is subject to the defendant's right
to cross-examine. All 
    statements and evidence offered under this paragraph
(7) 
    shall become part of the record of the court.  For the 
    purpose of this
paragraph (7), "qualified individual" 
    means any person who (i) lived or worked
within the 
    territorial jurisdiction where the offense took place when 
    the
offense took place;
and (ii) is familiar with various 
    public places within the territorial
jurisdiction where

    the offense took place when the offense took place.  For the 
    purposes of
this paragraph (7), "qualified individual" 
    includes any peace officer,
or any member of any duly 
    organized State, county, or municipal peace unit
assigned 
    to the territorial jurisdiction where the offense took 
    place when the
offense took
place;


        (8) in cases of reckless homicide afford the victim's 
    spouse,
guardians, parents or other immediate family 
    members an opportunity to make
oral statements;

        (9) in cases involving a felony sex offense as defined 
    under the Sex
Offender
Management Board Act, consider the 
    results of the sex offender evaluation
conducted pursuant 
    to Section 5-3-2 of this Act; and

        (10) make a finding of whether a motor vehicle was used 
    in the commission of the offense for which the defendant is 
    being sentenced. 
    (b) All sentences shall be imposed by the judge based upon 
his
independent assessment of the elements specified above and 
any agreement
as to sentence reached by the parties.  The judge 
who presided at the
trial or the judge who accepted the plea of 
guilty shall impose the
sentence unless he is no longer sitting 
as a judge in that court.  Where
the judge does not impose 
sentence at the same time on all defendants
who are convicted 
as a result of being involved in the same offense, the

defendant or the State's Attorney may advise the sentencing 
court of the
disposition of any other defendants who have been 
sentenced.

    (b-1) In imposing a sentence of imprisonment or periodic 
imprisonment for a Class 3 or Class 4 felony for which a 
sentence of probation or conditional discharge is an available 
sentence, if the defendant has no prior sentence of probation 
or conditional discharge and no prior conviction for a violent 
crime, the defendant shall not be sentenced to imprisonment 
before review and consideration of a presentence report and 
determination and explanation of why the particular evidence, 
information, factor in aggravation, factual finding, or other 
reasons support a sentencing determination that one or more of 
the factors under subsection (a) of Section 5-6-1 of this Code 
apply and that probation or conditional discharge is not an 
appropriate sentence. 
    (c) In imposing a sentence for a violent crime or for an 
offense of
operating or being in physical control of a vehicle 
while under the
influence of alcohol, any other drug or any 
combination thereof, or a
similar provision of a local 
ordinance, when such offense resulted in the
personal injury to 
someone other than the defendant, the trial judge shall
specify 
on the record the particular evidence, information, factors in

mitigation and aggravation or other reasons that led to his 
sentencing
determination. The full verbatim record of the 
sentencing hearing shall be
filed with the clerk of the court 
and shall be a public record.

    (c-1) In imposing a sentence for the offense of aggravated 
kidnapping for
ransom, home invasion, armed robbery, 
aggravated vehicular hijacking,
aggravated discharge of a 
firearm, or armed violence with a category I weapon
or category 
II weapon,
the trial judge shall make a finding as to whether 
the conduct leading to
conviction for the offense resulted in 
great bodily harm to a victim, and
shall enter that finding and 
the basis for that finding in the record.

    (c-2) If the defendant is sentenced to prison, other than 
when a sentence of
natural life imprisonment or a sentence of 
death is imposed, at the time
the sentence is imposed the judge 
shall
state on the record in open court the approximate period 
of time the defendant
will serve in custody according to the 
then current statutory rules and
regulations for sentence 
credit found in Section 3-6-3 and other related
provisions of 
this Code.  This statement is intended solely to inform the

public, has no legal effect on the defendant's actual release, 
and may not be
relied on by the defendant on appeal.

    The judge's statement, to be given after pronouncing the 
sentence, other than
when the sentence is imposed for one of 
the offenses enumerated in paragraph
(a)(4) (a)(3) of Section 
3-6-3, shall include the following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois as 
applied to this sentence by the Illinois Department of

Corrections and
the Illinois Prisoner Review Board.  In this 
case, assuming the defendant
receives all of his or her 
sentence credit, the period of estimated actual
custody is ... 
years and ... months, less up to 180 days additional earned 
sentence credit for good conduct.  If the defendant, because of 
his or
her own misconduct or failure to comply with the 
institutional regulations,
does not receive those credits, the 
actual time served in prison will be
longer.  The defendant may 
also receive an additional one-half day sentence
credit for 
each day of participation in vocational, industry, substance 
abuse,
and educational programs as provided for by Illinois 
statute."

    When the sentence is imposed for one of the offenses 
enumerated in paragraph
(a)(3) of Section 3-6-3, other than 
when the sentence is imposed for one of the
offenses enumerated 
in paragraph (a)(2) of Section 3-6-3 committed on or after
June 
19, 1998, and other than when the sentence is imposed for

reckless homicide as defined in subsection (e) of Section 9-3 
of the Criminal
Code of 1961 or the Criminal Code of 2012 if 
the offense was committed on or after January 1, 1999, and

other than when the sentence is imposed for aggravated arson if 
the offense was
committed on or after July 27, 2001 (the 
effective date of Public Act
92-176), and
other than when the 
sentence is imposed for aggravated driving under the influence 
of alcohol,
other drug or drugs, or intoxicating compound or 
compounds, or any combination
thereof as defined in 
subparagraph (C) of paragraph (1) of subsection (d) of
Section 
11-501 of the Illinois Vehicle Code committed on or after 
January 1, 2011 (the effective date of Public Act 96-1230), the

judge's statement, to be given after pronouncing the sentence, 
shall include
the following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois as 
applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board.  In this 
case,
assuming the defendant
receives all of his or her 
sentence credit, the period of estimated actual
custody is ... 
years and ... months, less up to 90 days additional sentence 
credit for good conduct.  If the defendant, because of his or

her own misconduct or failure to comply with the institutional 
regulations,
does not receive those credits, the actual time 
served in prison will be
longer.  The defendant may also receive 
an additional one-half day sentence
credit for each day of 
participation in vocational, industry, substance abuse,
and 
educational programs as provided for by Illinois statute."

    When the sentence is imposed for one of the offenses 
enumerated in paragraph
(a)(2) of Section 3-6-3, other than 
first degree murder, and the offense was
committed on or after 
June 19, 1998, and when the sentence is imposed for
reckless 
homicide as defined in subsection (e) of Section 9-3 of the 
Criminal
Code of 1961 or the Criminal Code of 2012 if the 
offense was committed on or after January 1, 1999,
and when the 
sentence is imposed for aggravated driving under the influence

of alcohol, other drug or drugs, or intoxicating compound or 
compounds, or
any combination thereof as defined in 
subparagraph (F) of paragraph (1) of
subsection (d) of Section 
11-501 of the Illinois Vehicle Code, and when
the sentence is 
imposed for aggravated arson if the offense was committed
on or 
after July 27, 2001 (the effective date of Public Act 92-176), 
and when
the sentence is imposed for aggravated driving under 
the influence of alcohol,
other drug or drugs, or intoxicating 
compound or compounds, or any combination
thereof as defined in 
subparagraph (C) of paragraph (1) of subsection (d) of
Section 
11-501 of the Illinois Vehicle Code committed on or after 
January 1, 2011 (the effective date of Public Act 96-1230), the 
judge's
statement, to be given after pronouncing the sentence, 
shall include the
following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois as 
applied to this sentence by the Illinois Department of

Corrections and
the Illinois Prisoner Review Board.  In this 
case,
the defendant is entitled to no more than 4 1/2 days of 
sentence credit for
each month of his or her sentence of 
imprisonment.  Therefore, this defendant
will serve at least 85% 
of his or her sentence.  Assuming the defendant
receives 4 1/2 
days credit for each month of his or her sentence, the period

of estimated actual custody is ... years and ... months.  If the 
defendant,
because of his or her own misconduct or failure to 
comply with the
institutional regulations receives lesser 
credit, the actual time served in
prison will be longer."

    When a sentence of imprisonment is imposed for first degree 
murder and
the offense was committed on or after June 19, 1998, 
the judge's statement,
to be given after pronouncing the 
sentence, shall include the following:

    "The purpose of this statement is to inform the public of 
the actual period
of time this defendant is likely to spend in 
prison as a result of this
sentence.  The actual period of 
prison time served is determined by the
statutes of Illinois as 
applied to this sentence by the Illinois Department
of 
Corrections and the Illinois Prisoner Review Board.  In this 
case, the
defendant is not entitled to sentence credit.  
Therefore, this defendant
will serve 100% of his or her 
sentence."

    When the sentencing order recommends placement in a 
substance abuse program for any offense that results in 
incarceration
in a Department of Corrections facility and the 
crime was
committed on or after September 1, 2003 (the 
effective date of Public Act
93-354), the judge's
statement, in 
addition to any other judge's statement required under this

Section, to be given after pronouncing the sentence, shall 
include the
following:

    "The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in

prison as a result of this sentence. The actual period of

prison time served is determined by the statutes of Illinois as

applied to this sentence by the Illinois Department of

Corrections and the Illinois Prisoner Review Board. In this

case, the defendant shall receive no earned sentence credit for 
good conduct under clause (3) of subsection (a) of Section 
3-6-3 until he or
she participates in and completes a substance 
abuse treatment program or receives a waiver from the Director 
of Corrections pursuant to clause (4.5) of subsection (a) of 
Section 3-6-3."

    (c-4) Before the sentencing hearing and as part of the 
presentence investigation under Section 5-3-1, the court shall 
inquire of the defendant whether the defendant is currently 
serving in or is a veteran of the Armed Forces of the United 
States.

If the defendant is currently serving in the Armed 
Forces of the United States or is a veteran of the Armed Forces 
of the United States and has been diagnosed as having a mental 
illness by a qualified psychiatrist or clinical psychologist or 
physician, the court may:
        (1) order that the officer preparing the presentence 
    report consult with the United States Department of 
    Veterans Affairs, Illinois Department of Veterans' 
    Affairs, or another agency or person with suitable 
    knowledge or experience  for the purpose of providing the 
    court with information regarding treatment options 
    available to the defendant, including federal, State, and 
    local programming; and
        (2) consider the treatment recommendations of any 
    diagnosing or treating mental health professionals 
    together with the treatment options available to the 
    defendant in imposing sentence.
    For the purposes of this subsection (c-4), "qualified 
psychiatrist" means a reputable physician licensed in Illinois 
to practice medicine in all its branches, who has specialized 
in the diagnosis and treatment of mental and nervous disorders 
for a period of not less than 5 years. 
    (c-6) In imposing a sentence, the trial judge shall 
specify, on the record, the particular evidence and other 
reasons which led to his or her determination that a motor 
vehicle was used in the commission of the offense. 
    (d) When the defendant is committed to the Department of

Corrections, the State's Attorney shall and counsel for the 
defendant
may file a statement with the clerk of the court to 
be transmitted to
the department, agency or institution to 
which the defendant is
committed to furnish such department, 
agency or institution with the
facts and circumstances of the 
offense for which the person was
committed together with all 
other factual information accessible to them
in regard to the 
person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and

circumstances which may aid such department, agency or 
institution
during its custody of such person.  The clerk shall 
within 10 days after
receiving any such statements transmit a 
copy to such department, agency
or institution and a copy to 
the other party, provided, however, that
this shall not be 
cause for delay in conveying the person to the
department, 
agency or institution to which he has been committed.

    (e) The clerk of the court shall transmit to the 
department,
agency or institution, if any, to which the 
defendant is committed, the
following:


        (1) the sentence imposed;


        (2) any statement by the court of the basis for 
    imposing the sentence;


        (3) any presentence reports;

        (3.5) any sex offender evaluations;

        (3.6) any substance abuse treatment eligibility 
    screening and assessment of the defendant by an agent 
    designated by the State of Illinois to provide assessment 
    services for the Illinois courts;


        (4) the number of days, if any, which the defendant has 
    been in
custody and for which he is entitled to credit 
    against the sentence,
which information shall be provided 
    to the clerk by the sheriff;


        (4.1) any finding of great bodily harm made by the 
    court with respect
to an offense enumerated in subsection 
    (c-1);


        (5) all statements filed under subsection (d) of this 
    Section;


        (6) any medical or mental health records or summaries 
    of the defendant;


        (7) the municipality where the arrest of the offender 
    or the commission
of the offense has occurred, where such 
    municipality has a population of
more than 25,000 persons;


        (8) all statements made and evidence offered under 
    paragraph (7) of
subsection (a) of this Section; and


        (9) all additional matters which the court directs the 
    clerk to
transmit.

    (f) In cases in which the court finds that a motor vehicle 
was used in the commission of the offense for which the 
defendant is being sentenced, the clerk of the court shall, 
within 5 days thereafter, forward a report of such conviction 
to the Secretary of State. 
(Source: P.A. 99-861, eff. 1-1-17.)
 

    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)

 
  
    Sec. 5-5-3. Disposition. 

    (a) (Blank).

    (b) (Blank). 










    (c) (1) (Blank).

    (2) A period of probation, a term of periodic imprisonment 
or
conditional discharge shall not be imposed for the following 
offenses.
The court shall sentence the offender to not less 
than the minimum term
of imprisonment set forth in this Code 
for the following offenses, and
may order a fine or restitution 
or both in conjunction with such term of
imprisonment:

        (A) First degree murder where the death penalty is not 
    imposed.

        (B) Attempted first degree murder.

        (C) A Class X felony.

        (D) A violation of Section 401.1 or 407 of the
Illinois 
    Controlled Substances Act, or a violation of subdivision            
    (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates 
    to more than 5 grams of a substance
containing cocaine, 
    fentanyl, or an analog thereof.

        (D-5)   A violation of subdivision (c)(1) of
Section 401 
    of the Illinois Controlled Substances Act which relates to 
    3 or more grams of a substance
containing heroin or an 
    analog thereof. 
        (E) (Blank). A violation of Section 5.1 or 9 of the 
    Cannabis Control
Act.

        (F) A Class 1 2 or greater felony if the offender had 
    been convicted
of a Class 1 2 or greater felony, including 
    any state or federal conviction for an offense that 
    contained, at the time it was committed, the same elements 
    as an offense now (the date of the offense committed after 
    the prior Class 1 2 or greater felony) classified as a 
    Class 1 2 or greater felony, within 10 years of the date on 
    which the
offender
committed the offense for which he or 
    she is being sentenced, except as
otherwise provided in 
    Section 40-10 of the Alcoholism and Other Drug Abuse and

    Dependency Act.

        (F-3) A Class 2 or greater felony sex offense or felony 
    firearm offense if the offender had been convicted of a 
    Class 2 or greater felony, including any state or federal 
    conviction for an offense that contained, at the time it 
    was committed, the same elements as an offense now (the 
    date of the offense committed after the prior Class 2 or 
    greater felony) classified as a Class 2 or greater felony, 
    within 10 years of the date on which the offender committed 
    the offense for which he or she is being sentenced, except 
    as otherwise provided in Section 40-10 of the Alcoholism 
    and Other Drug Abuse and Dependency Act. 
        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
    the Criminal Code of 1961 or the Criminal Code of 2012 for 
    which imprisonment is prescribed in those Sections.
        (G) Residential burglary, except as otherwise provided 
    in Section 40-10
of the Alcoholism and Other Drug Abuse and 
    Dependency Act.

        (H) Criminal sexual assault.

        (I) Aggravated battery of a senior citizen as described 
    in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
    of the Criminal Code of 1961 or the Criminal Code of 2012.

        (J) A forcible felony if the offense was related to the 
    activities of an
organized gang.

        Before July 1, 1994, for the purposes of this 
    paragraph, "organized
gang" means an association of 5 or 
    more persons, with an established hierarchy,
that 
    encourages members of the association to perpetrate crimes 
    or provides
support to the members of the association who 
    do commit crimes.

        Beginning July 1, 1994, for the purposes of this 
    paragraph,
"organized gang" has the meaning ascribed to it 
    in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
    Prevention Act.

        (K) Vehicular hijacking.

        (L) A second or subsequent conviction for the offense 
    of hate crime
when the underlying offense upon which the 
    hate crime is based is felony
aggravated
assault or felony 
    mob action.

        (M) A second or subsequent conviction for the offense 
    of institutional
vandalism if the damage to the property 
    exceeds $300.

        (N) A Class 3 felony violation of paragraph (1) of 
    subsection (a) of
Section 2 of the Firearm Owners 
    Identification Card Act.

        (O) A violation of Section 12-6.1 or 12-6.5 of the 
    Criminal Code of 1961 or the Criminal Code of 2012.

        (P) A violation of paragraph (1), (2), (3), (4), (5), 
    or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
    Code of 1961 or the Criminal Code of 2012.

        (Q) A violation of subsection (b) or (b-5) of Section 
    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
    Code of
1961 or the Criminal Code of 2012.

        (R) A violation of Section 24-3A of the Criminal Code 
    of
1961 or the Criminal Code of 2012.

        (S) (Blank).

        (T) (Blank). A second or subsequent violation of the 
    Methamphetamine Control and Community Protection Act.

        (U) A second or subsequent violation of Section 6-303 
    of the Illinois Vehicle  Code committed while his or her 
    driver's license, permit, or privilege was revoked because 
    of a violation of Section 9-3 of the Criminal Code of 1961 
    or the Criminal Code of 2012, relating to the offense of 
    reckless homicide, or a similar provision of a law of 
    another state.

        (V)
  A violation of paragraph (4) of subsection (c) of 
    Section 11-20.1B or paragraph (4) of subsection (c) of 
    Section 11-20.3 of the Criminal Code of 1961, or paragraph 
    (6) of subsection (a) of Section 11-20.1 of the Criminal 
    Code of 2012 when the victim is under 13 years of age and 
    the defendant has previously been convicted under the laws 
    of this State or any other state of the offense of child 
    pornography, aggravated child pornography, aggravated 
    criminal sexual abuse, aggravated criminal sexual assault, 
    predatory criminal sexual assault of a child, or any of the 
    offenses formerly known as rape, deviate sexual assault, 
    indecent liberties with a child, or aggravated indecent 
    liberties with a child where the victim was under the age 
    of 18 years or an offense that is substantially equivalent 
    to those offenses.
        (W)  A violation of Section 24-3.5 of the Criminal Code 
    of 1961 or the Criminal Code of 2012.

        (X)  A violation of subsection (a) of Section 31-1a of 
    the Criminal Code of 1961 or the Criminal Code of 2012.
        (Y)  A conviction for unlawful possession of a firearm 
    by a street gang member when the firearm was loaded or 
    contained firearm ammunition. 
        (Z)  A Class 1 felony committed while he or she was 
    serving a term of probation or conditional discharge for a 
    felony.
        (AA)  Theft of property exceeding $500,000 and not 
    exceeding $1,000,000 in value.
        (BB)  Laundering of criminally derived property of a 
    value exceeding
$500,000.
        (CC) Knowingly selling, offering for sale, holding for 
    sale, or using 2,000 or more counterfeit items or 
    counterfeit items having a retail value in the aggregate of 
    $500,000 or more. 
        (DD) A conviction for aggravated assault under 
    paragraph (6) of subsection (c) of Section 12-2 of the 
    Criminal Code of 1961 or the Criminal Code of 2012 if the 
    firearm is aimed toward the person against whom the firearm 
    is being used. 
        (EE) A conviction for a violation of paragraph (2) of 
    subsection (a) of Section 24-3B of the Criminal Code of 
    2012. 
    (3) (Blank).

    (4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be 
imposed for a
violation of paragraph (c) of Section 6-303 of 
the Illinois Vehicle Code.

    (4.1) (Blank).

    (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
this subsection (c), a
minimum of
100 hours of community 
service shall be imposed for a second violation of
Section 
6-303
of the Illinois Vehicle Code.

    (4.3) A minimum term of imprisonment of 30 days or 300 
hours of community
service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section 
6-303 of the
Illinois Vehicle Code.

    (4.4) Except as provided in paragraphs

(4.5), (4.6), and 
(4.9) of this
subsection (c), a
minimum term of imprisonment of 
30 days or 300 hours of community service, as
determined by the 
court, shall
be imposed
for a third or subsequent violation of 
Section 6-303 of the Illinois Vehicle
Code.

    (4.5) A minimum term of imprisonment of 30 days
shall be 
imposed for a third violation of subsection (c) of
Section 
6-303 of the Illinois Vehicle Code.

    (4.6) Except as provided in paragraph (4.10) of this 
subsection (c), a minimum term of imprisonment of 180 days 
shall be imposed for a
fourth or subsequent violation of 
subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

    (4.7) A minimum term of imprisonment of not less than 30 
consecutive days, or 300 hours of community service, shall be 
imposed for a violation of subsection (a-5) of Section 6-303 of 
the Illinois Vehicle Code, as provided in subsection (b-5) of 
that Section.

    (4.8) A mandatory prison sentence shall be imposed for a 
second violation of subsection (a-5) of Section 6-303 of the 
Illinois Vehicle Code, as provided in subsection (c-5) of that 
Section. The person's driving privileges shall be revoked for a 
period of not less than 5 years from the date of his or her 
release from prison.

    (4.9) A mandatory prison sentence of not less than 4 and 
not more than 15 years shall be imposed for a third violation 
of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
Code, as provided in subsection (d-2.5) of that Section. The 
person's driving privileges shall be revoked for the remainder 
of his or her life.

    (4.10) A mandatory prison sentence for a Class 1 felony 
shall be imposed, and the person shall be eligible for an 
extended term sentence, for a fourth or subsequent violation of 
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
as provided in subsection (d-3.5) of that Section. The person's 
driving privileges shall be revoked for the remainder of his or 
her life.

    (5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

        (A) a period of conditional discharge;

        (B) a fine;

        (C) make restitution to the victim under Section 5-5-6 
    of this Code.

    (5.1) In addition to any other penalties imposed, and 
except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the 
Illinois
Vehicle Code shall have his or her driver's license, 
permit, or privileges
suspended for at least 90 days but not 
more than one year, if the violation
resulted in damage to the 
property of another person.

    (5.2) In addition to any other penalties imposed, and 
except as provided in paragraph (5.3), a person convicted
of 
violating subsection (c) of Section 11-907 of the Illinois 
Vehicle Code
shall have his or her driver's license, permit, or 
privileges suspended for at
least 180 days but not more than 2 
years, if the violation resulted in injury
to
another person.

    (5.3) In addition to any other penalties imposed, a person 
convicted of violating subsection (c) of Section
11-907 of the 
Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation 
resulted in the
death of another person.

    (5.4) In addition to any other penalties imposed, a person 
convicted of violating Section 3-707 of the Illinois Vehicle 
Code shall have his or her driver's license, permit, or 
privileges suspended for 3 months and until he or she has paid 
a reinstatement fee of $100.
    (5.5) In addition to any other penalties imposed, a person 
convicted of violating Section 3-707 of the Illinois Vehicle 
Code during a period in which his or her driver's license, 
permit, or privileges were suspended for a previous violation 
of that Section shall have his or her driver's license, permit, 
or privileges suspended for an additional 6 months after the 
expiration of the original 3-month suspension   and until he or 
she has paid a reinstatement fee of $100.

    (6) (Blank).

    (7) (Blank).

    (8) (Blank).

    (9) A defendant convicted of a second or subsequent offense 
of ritualized
abuse of a child may be sentenced to a term of 
natural life imprisonment.

    (10) (Blank).

    (11) The court shall impose a minimum fine of $1,000 for a 
first offense
and $2,000 for a second or subsequent offense 
upon a person convicted of or
placed on supervision for battery 
when the individual harmed was a sports
official or coach at 
any level of competition and the act causing harm to the
sports

official or coach occurred within an athletic facility or 
within the immediate vicinity
of the athletic facility at which 
the sports official or coach was an active
participant
of the 
athletic contest held at the athletic facility.  For the 
purposes of
this paragraph (11), "sports official" means a 
person at an athletic contest
who enforces the rules of the 
contest, such as an umpire or referee; "athletic facility" 
means an indoor or outdoor playing field or recreational area 
where sports activities are conducted;
and "coach" means a 
person recognized as a coach by the sanctioning
authority that 
conducted the sporting event.
    (12) A person may not receive a disposition of court 
supervision for a
violation of Section 5-16 of the Boat 
Registration and Safety Act if that
person has previously 
received a disposition of court supervision for a
violation of 
that Section.

    (13) A person convicted of or placed on court supervision 
for an assault or aggravated assault when the victim and the 
offender are family or household members as defined in Section 
103 of the Illinois Domestic Violence Act of 1986 or convicted 
of domestic battery or aggravated domestic battery may be 
required to attend a Partner Abuse  Intervention Program under 
protocols set forth by the Illinois Department of Human 
Services under such terms and conditions imposed by the court.  
The costs of such classes shall be paid by the offender.

    (d) In any case in which a sentence originally imposed is 
vacated,
the case shall be remanded to the trial court.  The 
trial court shall
hold a hearing under Section 5-4-1 of the 
Unified Code of Corrections
which may include evidence of the 
defendant's life, moral character and
occupation during the 
time since the original sentence was passed.  The
trial court 
shall then impose sentence upon the defendant.  The trial
court 
may impose any sentence which could have been imposed at the

original trial subject to Section 5-5-4 of the Unified Code of 
Corrections.
If a sentence is vacated on appeal or on 
collateral attack due to the
failure of the trier of fact at 
trial to determine beyond a reasonable doubt
the
existence of a 
fact (other than a prior conviction) necessary to increase the

punishment for the offense beyond the statutory maximum 
otherwise applicable,
either the defendant may be re-sentenced 
to a term within the range otherwise
provided or, if the State 
files notice of its intention to again seek the
extended 
sentence, the defendant shall be afforded a new trial.

    (e) In cases where prosecution for
aggravated criminal 
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
Code of 1961 or the Criminal Code of 2012 results in conviction 
of a defendant
who was a family member of the victim at the 
time of the commission of the
offense, the court shall consider 
the safety and welfare of the victim and
may impose a sentence 
of probation only where:

        (1) the court finds (A) or (B) or both are appropriate:

            (A) the defendant is willing to undergo a court 
        approved counseling
program for a minimum duration of 2 
        years; or

            (B) the defendant is willing to participate in a 
        court approved plan
including but not limited to the 
        defendant's:

                (i) removal from the household;

                (ii) restricted contact with the victim;

                (iii) continued financial support of the 
            family;

                (iv) restitution for harm done to the victim; 
            and

                (v) compliance with any other measures that 
            the court may
deem appropriate; and

        (2) the court orders the defendant to pay for the 
    victim's counseling
services, to the extent that the court 
    finds, after considering the
defendant's income and 
    assets, that the defendant is financially capable of
paying 
    for such services, if the victim was under 18 years of age 
    at the
time the offense was committed and requires 
    counseling as a result of the
offense.

    Probation may be revoked or modified pursuant to Section 
5-6-4; except
where the court determines at the hearing that 
the defendant violated a
condition of his or her probation 
restricting contact with the victim or
other family members or 
commits another offense with the victim or other
family 
members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

    For the purposes of this Section, "family member" and 
"victim" shall have
the meanings ascribed to them in Section 
11-0.1 of the Criminal Code of
2012.

    (f) (Blank).

    (g) Whenever a defendant is convicted of an offense under 
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
11-14.3, 11-14.4 except for an offense that involves keeping a 
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
Criminal Code of 2012,
the defendant shall undergo medical 
testing to
determine whether the defendant has any sexually 
transmissible disease,
including a test for infection with 
human immunodeficiency virus (HIV) or
any other identified 
causative agent of acquired immunodeficiency syndrome
(AIDS).  
Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of 
any bodily
fluids as well as an examination of the defendant's 
person.
Except as otherwise provided by law, the results of 
such test shall be kept
strictly confidential by all medical 
personnel involved in the testing and must
be personally 
delivered in a sealed envelope to the judge of the court in 
which
the conviction was entered for the judge's inspection in 
camera.  Acting in
accordance with the best interests of the 
victim and the public, the judge
shall have the discretion to 
determine to whom, if anyone, the results of the
testing may be 
revealed. The court shall notify the defendant
of the test 
results.  The court shall
also notify the victim if requested by 
the victim, and if the victim is under
the age of 15 and if 
requested by the victim's parents or legal guardian, the
court 
shall notify the victim's parents or legal guardian of the test

results.
The court shall provide information on the 
availability of HIV testing
and counseling at Department of 
Public Health facilities to all parties to
whom the results of 
the testing are revealed and shall direct the State's
Attorney 
to provide the information to the victim when possible.
A 
State's Attorney may petition the court to obtain the results 
of any HIV test
administered under this Section, and the court 
shall grant the disclosure if
the State's Attorney shows it is 
relevant in order to prosecute a charge of
criminal 
transmission of HIV under Section 12-5.01 or 12-16.2 of the 
Criminal Code of 1961 or the Criminal Code of 2012
against the 
defendant.  The court shall order that the cost of any such test

shall be paid by the county and may be taxed as costs against 
the convicted
defendant.

    (g-5) When an inmate is tested for an airborne communicable 
disease, as
determined by the Illinois Department of Public 
Health including but not
limited to tuberculosis, the results 
of the test shall be
personally delivered by the warden or his 
or her designee in a sealed envelope
to the judge of the court 
in which the inmate must appear for the judge's
inspection in 
camera if requested by the judge.  Acting in accordance with the

best interests of those in the courtroom, the judge shall have 
the discretion
to determine what if any precautions need to be 
taken to prevent transmission
of the disease in the courtroom.

    (h) Whenever a defendant is convicted of an offense under 
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
defendant shall undergo
medical testing to determine whether 
the defendant has been exposed to human
immunodeficiency virus 
(HIV) or any other identified causative agent of
acquired 
immunodeficiency syndrome (AIDS).  Except as otherwise provided 
by
law, the results of such test shall be kept strictly 
confidential by all
medical personnel involved in the testing 
and must be personally delivered in a
sealed envelope to the 
judge of the court in which the conviction was entered
for the 
judge's inspection in camera.  Acting in accordance with the 
best
interests of the public, the judge shall have the 
discretion to determine to
whom, if anyone, the results of the 
testing may be revealed. The court shall
notify the defendant 
of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide 
information on the
availability of HIV testing and counseling 
at Department of Public Health
facilities to all parties to 
whom the results of the testing are revealed and
shall direct 
the State's Attorney to provide the information to the victim 
when
possible. A State's Attorney may petition the court to 
obtain the results of
any HIV test administered under this  
Section, and the court shall grant the
disclosure if the 
State's Attorney shows it is relevant in order to prosecute a

charge of criminal transmission of HIV under Section 12-5.01 or 
12-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
2012 against the defendant. The court shall order that the cost 
of any
such test shall be paid by the county and may be taxed as 
costs against the
convicted defendant.

    (i) All fines and penalties imposed under this Section for 
any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
Vehicle Code, or a similar
provision of a local ordinance, and 
any violation
of the Child Passenger Protection Act, or a 
similar provision of a local
ordinance, shall be collected and 
disbursed by the circuit
clerk as provided under Section 27.5 
of the Clerks of Courts Act.

    (j) In cases when prosecution for any violation of Section 
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
Code of 2012, any violation of the Illinois Controlled 
Substances Act,
 any violation of the Cannabis Control Act, or 
any violation of the Methamphetamine Control and Community 
Protection Act results in conviction, a
disposition of court 
supervision, or an order of probation granted under
Section 10 
of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the Methamphetamine 
Control and Community Protection Act of a defendant, the court 
shall determine whether the
defendant is employed by a facility 
or center as defined under the Child Care
Act of 1969, a public 
or private elementary or secondary school, or otherwise
works 
with children under 18 years of age on a daily basis.  When a 
defendant
is so employed, the court shall order the Clerk of 
the Court to send a copy of
the judgment of conviction or order 
of supervision or probation to the
defendant's employer by 
certified mail.
If the employer of the defendant is a school, 
the Clerk of the Court shall
direct the mailing of a copy of 
the judgment of conviction or order of
supervision or probation 
to the appropriate regional superintendent of schools.
 The 
regional superintendent of schools shall notify the State Board 
of
Education of any notification under this subsection.

    (j-5) A defendant at least 17 years of age who is convicted 
of a felony and
who has not been previously convicted of a 
misdemeanor or felony and who is
sentenced to a term of 
imprisonment in the Illinois Department of Corrections
shall as 
a condition of his or her sentence be required by the court to 
attend
educational courses designed to prepare the defendant 
for a high school diploma
and to work toward a high school 
diploma or to work toward passing high school equivalency 
testing or to work toward
completing a vocational training 
program offered by the Department of
Corrections.  If a 
defendant fails to complete the educational training
required 
by his or her sentence during the term of incarceration, the 
Prisoner
Review Board shall, as a condition of mandatory 
supervised release, require the
defendant, at his or her own 
expense, to pursue a course of study toward a high
school 
diploma or passage of high school equivalency testing.  The 
Prisoner Review Board shall
revoke the mandatory supervised 
release of a defendant who wilfully fails to
comply with this 
subsection (j-5) upon his or her release from confinement in a

penal institution while serving a mandatory supervised release 
term; however,
the inability of the defendant after making a 
good faith effort to obtain
financial aid or pay for the 
educational training shall not be deemed a wilful
failure to 
comply.  The Prisoner Review Board shall recommit the defendant

whose mandatory supervised release term has been revoked under 
this subsection
(j-5) as provided in Section 3-3-9.  This 
subsection (j-5) does not apply to a
defendant who has a high 
school diploma or has successfully passed high school 
equivalency testing. This subsection (j-5) does not apply to a 
defendant who is determined by
the court to be a person with a 
developmental disability or otherwise mentally incapable of

completing the educational or vocational program.

    (k) (Blank).

    (l) (A) Except as provided
in paragraph (C) of subsection 
(l), whenever a defendant,
who is an alien as defined by the 
Immigration and Nationality Act, is convicted
of any felony or 
misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in 
abeyance and remand
the defendant to the custody of the 
Attorney General of
the United States or his or her designated 
agent to be deported when:

        (1) a final order of deportation has been issued 
    against the defendant
pursuant to proceedings under the 
    Immigration and Nationality Act, and

        (2) the deportation of the defendant would not 
    deprecate the seriousness
of the defendant's conduct and 
    would not be inconsistent with the ends of
justice.

    Otherwise, the defendant shall be sentenced as provided in 
this Chapter V.

    (B) If the defendant has already been sentenced for a 
felony or
misdemeanor
offense, or has been placed on probation 
under Section 10 of the Cannabis
Control Act,

Section 410 of 
the Illinois Controlled Substances Act, or Section 70 of the 
Methamphetamine Control and Community Protection Act, the 
court
may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the 
Attorney General
of the United States or his or her designated 
agent when:

        (1) a final order of deportation has been issued 
    against the defendant
pursuant to proceedings under the 
    Immigration and Nationality Act, and

        (2) the deportation of the defendant would not 
    deprecate the seriousness
of the defendant's conduct and 
    would not be inconsistent with the ends of
justice.

    (C) This subsection (l) does not apply to offenders who are 
subject to the
provisions of paragraph (2) of subsection (a) of 
Section 3-6-3.

    (D) Upon motion of the State's Attorney, if a defendant 
sentenced under
this Section returns to the jurisdiction of the 
United States, the defendant
shall be recommitted to the 
custody of the county from which he or she was
sentenced.

Thereafter, the defendant shall be brought before the 
sentencing court, which
may impose any sentence that was 
available under Section 5-5-3 at the time of
initial 
sentencing.  In addition, the defendant shall not be eligible 
for
additional earned sentence credit for good conduct as 
provided under
Section 3-6-3.

    (m) A person convicted of criminal defacement of property 
under Section
21-1.3 of the Criminal Code of 1961 or the 
Criminal Code of 2012, in which the property damage exceeds 
$300
and the property damaged is a school building, shall be 
ordered to perform
community service that may include cleanup, 
removal, or painting over the
defacement.

    (n) The court may sentence a person convicted of a 
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for 
that program
under Section 5-8-1.1, (ii) to community service, 
or (iii) if the person is an
addict or alcoholic, as defined in 
the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
substance or alcohol abuse program licensed under that
Act.
    (o) Whenever a person is convicted of a sex offense as 
defined in Section 2 of the Sex Offender Registration Act, the 
defendant's driver's license or permit shall be subject to 
renewal on an  annual basis in accordance with the provisions of 
license renewal established by the Secretary of State.


(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; 
99-143, eff. 7-27-15; 99-885, eff. 8-23-16.)