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Public Act 099-0938 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Criminal Justice Information Act is | ||||
amended by changing Section 7 as follows:
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(20 ILCS 3930/7) (from Ch. 38, par. 210-7)
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Sec. 7. Powers and Duties. The Authority shall have the | ||||
following
powers, duties and responsibilities:
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(a) To develop and operate comprehensive information | ||||
systems for the
improvement and coordination of all aspects | ||||
of law enforcement, prosecution
and corrections;
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(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;
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(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;
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(d) To undertake research studies to aid in | ||||
accomplishing its purposes;
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(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;
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(f) To provide an effective administrative forum for | ||
the protection of
the rights of individuals concerning | ||
criminal history record information;
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(g) To issue regulations, guidelines and procedures | ||
which ensure the privacy
and security of criminal history | ||
record information
consistent with State and federal laws;
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(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;
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(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;
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(j) To advise the Authority's Statistical Analysis | ||
Center;
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(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;
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(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;
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(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;
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(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 ; .
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(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
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of appeals and audits;
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(p) To advise and to make recommendations to the | ||
Governor and the General
Assembly on policies relating to | ||
criminal justice information systems;
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(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;
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(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;
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(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;
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(t) To exercise the rights, powers and duties which | ||
have been vested
in the Authority by the Illinois Motor | ||
Vehicle Theft Prevention Act;
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(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.
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(Source: P.A. 97-435, eff. 1-1-12.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 3-6-3, 5-4-1, and 5-5-3 as follows:
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(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
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Sec. 3-6-3. Rules and regulations for sentence credit.
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(a)(1) The Department of Corrections shall prescribe rules
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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.
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(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:
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(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;
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(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,
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intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a
child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated
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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;
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(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular hijacking,
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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;
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(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;
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(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;
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(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
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(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
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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
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of imprisonment or recommitment under Section 3-3-9.
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(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.
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(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.
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(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
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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.
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(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
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4.5 days of sentence credit for each month of his or her | ||
sentence of
imprisonment.
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(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
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imprisonment. | ||
(3) The rules and regulations shall also provide that
the | ||
Director may award up to 180 days of earned additional sentence
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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
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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,
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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
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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
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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,
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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).
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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.
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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
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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.)
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