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| Public Act 096-0086 |
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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 Unified Code of Corrections is amended by | ||||
changing Section 5-4-1 as follows:
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(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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Sec. 5-4-1. Sentencing Hearing.
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(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
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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:
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(1) consider the evidence, if any, received upon the | ||
trial;
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(2) consider any presentence reports;
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(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;
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(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;
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(5) hear arguments as to sentencing alternatives;
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(6) afford the defendant the opportunity to make a | ||
statement in his
own behalf;
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(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, 11-15, | ||
11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||
1961,
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
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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;
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(8) in cases of reckless homicide afford the victim's | ||
spouse,
guardians, parents or other immediate family | ||
members an opportunity to make
oral statements; and
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(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.
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(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
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defendant or the State's Attorney may advise the sentencing | ||
court of the
disposition of any other defendants who have been | ||
sentenced.
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(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
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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.
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(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.
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(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 early release | ||
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.
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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)(3) of Section 3-6-3, | ||
shall include the following:
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"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
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Corrections and
the Illinois Prisoner Review Board. In this | ||
case, assuming the defendant
receives all of his or her good | ||
conduct credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 180 days additional good
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conduct credit for meritorious service. 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 good conduct
credit | ||
for each day of participation in vocational, industry, | ||
substance abuse,
and educational programs as provided for by | ||
Illinois statute."
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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
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reckless homicide as defined in subsection (e) of Section 9-3 | ||
of the Criminal
Code of 1961 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), | ||
the
judge's statement, to be given after pronouncing the | ||
sentence, shall include
the following:
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"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
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Corrections and the Illinois Prisoner Review Board. In this | ||
case,
assuming the defendant
receives all of his or her good | ||
conduct credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 90 days additional good
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conduct credit for meritorious service. 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 good conduct
credit | ||
for each day of participation in vocational, industry, | ||
substance abuse,
and educational programs as provided for by | ||
Illinois statute."
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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 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), the judge's
statement, to | ||
be given after pronouncing the sentence, shall include the
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following:
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"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
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Corrections and
the Illinois Prisoner Review Board. In this | ||
case,
the defendant is entitled to no more than 4 1/2 days of | ||
good conduct 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
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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."
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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:
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"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 good conduct credit. | ||
Therefore, this defendant
will serve 100% of his or her | ||
sentence."
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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
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Section, to be given after pronouncing the sentence, shall | ||
include the
following:
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"The purpose of this statement is to inform the public of
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the actual period of time this defendant is likely to spend in
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prison as a result of this sentence. The actual period of
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prison time served is determined by the statutes of Illinois as
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applied to this sentence by the Illinois Department of
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Corrections and the Illinois Prisoner Review Board. In this
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case, the defendant shall receive no good conduct credit 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."
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(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. | ||
(d) When the defendant is committed to the Department of
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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,
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associates, disposition and reputation and any other facts and
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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.
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(e) The clerk of the court shall transmit to the | ||
department,
agency or institution, if any, to which the | ||
defendant is committed, the
following:
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(1) the sentence imposed;
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(2) any statement by the court of the basis for | ||
imposing the sentence;
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(3) any presentence reports;
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(3.5) any sex offender evaluations;
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(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;
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(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;
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(4.1) any finding of great bodily harm made by the | ||
court with respect
to an offense enumerated in subsection | ||
(c-1);
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(5) all statements filed under subsection (d) of this | ||
Section;
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(6) any medical or mental health records or summaries | ||
of the defendant;
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(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;
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(8) all statements made and evidence offered under | ||
paragraph (7) of
subsection (a) of this Section; and
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(9) all additional matters which the court directs the | ||
clerk to
transmit.
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(Source: P.A. 94-156, eff. 7-8-05; 94-556, eff. 9-11-05; | ||
95-331, eff. 8-21-07.)
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