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Public Act 103-0018
Public Act 0018 103RD GENERAL ASSEMBLY
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Public Act 103-0018
| | HB1496 Enrolled | LRB103 04718 RLC 49727 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Sections 3-5-1 and 5-4-1 as follows:
| (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| Sec. 3-5-1. Master Record File.
| (a) The Department of Corrections and the Department of | Juvenile Justice shall
maintain a master record file on each | person committed to it,
which shall contain the following | information:
| (1) all information from the committing court;
| (1.5) ethnic and racial background data collected in | accordance with Section 4.5 of the Criminal Identification | Act and Section 2-5 of the No Representation Without | Population Act; | (1.6) the committed person's last known complete | street address prior to incarceration or legal residence | collected in accordance with Section 2-5 of the No | Representation Without Population Act; | (2) reception summary;
| (3) evaluation and assignment reports and | recommendations;
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| (4) reports as to program assignment and progress;
| (5) reports of disciplinary infractions and | disposition, including tickets and Administrative Review | Board action;
| (6) any parole or aftercare release plan;
| (7) any parole or aftercare release reports;
| (8) the date and circumstances of final discharge; | (9) criminal history; | (10) current and past gang affiliations and ranks; | (11) information regarding associations and family | relationships; | (12) any grievances filed and responses to those | grievances; and | (13) other information that the respective Department | determines is relevant to the secure confinement and | rehabilitation of the committed person.
| (b) All files shall be confidential and access shall be
| limited to authorized personnel of the respective Department | or by disclosure in accordance with a court order or subpoena.
| Personnel of other correctional, welfare or law enforcement
| agencies may have access to files under rules and regulations
| of the respective Department. The respective Department shall | keep a record of all
outside personnel who have access to | files, the files reviewed,
any file material copied, and the | purpose of access. If the
respective Department or the | Prisoner Review Board makes a determination
under this Code |
| which affects the length of the period of
confinement or | commitment, the committed person and his counsel
shall be | advised of factual information relied upon by the
respective | Department or Board to make the determination, provided that
| the Department or Board shall not be required to advise a
| person committed to the Department of Juvenile Justice any | such information
which in the opinion of the Department of | Juvenile Justice or Board would be
detrimental to his | treatment or rehabilitation.
| (c) The master file shall be maintained at a place
| convenient to its use by personnel of the respective | Department in
charge of the person. When custody of a person is | transferred
from the Department to another department or | agency, a
summary of the file shall be forwarded to the | receiving
agency with such other information required by law | or
requested by the agency under rules and regulations of the
| respective Department.
| (d) The master file of a person no longer in the custody
of | the respective Department shall be placed on inactive status | and its
use shall be restricted subject to rules and | regulations of
the Department.
| (e) All public agencies may make available to the
| respective Department on request any factual data not | otherwise
privileged as a matter of law in their possession in | respect
to individuals committed to the respective Department.
| (f) A committed person may request a summary of the |
| committed person's master record file once per year and the | committed person's attorney may request one summary of the | committed person's master record file once per year. The | Department shall create a form for requesting this summary, | and shall make that form available to committed persons and to | the public on its website. Upon receipt of the request form, | the Department shall provide the summary within 15 days. The | summary must contain, unless otherwise prohibited by law: | (1) the person's name, ethnic, racial, last known | street address prior to incarceration or legal residence, | and other identifying information; | (2) all digitally available information from the | committing court; | (3) all information in the Offender 360 system on the | person's criminal history; | (4) the person's complete assignment history in the | Department of Corrections; | (5) the person's disciplinary card; | (6) additional records about up to 3 specific | disciplinary incidents as identified by the requester; | (7) any available records about up to 5 specific | grievances filed by the person, as identified by the | requester; and | (8) the records of all grievances filed on or after | January 1, 2023. | Notwithstanding any provision of this subsection (f) to |
| the contrary, a committed person's master record file is not | subject to disclosure and copying under the Freedom of | Information Act. | (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | revised 12-14-22.)
| (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 shall make a | specific finding about whether the defendant is eligible for | participation in a Department impact incarceration program as | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | explanation as to why a sentence to impact incarceration is |
| not an appropriate sentence. 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, the | opportunity to present an oral or written statement, as | guaranteed by Article I, Section 8.1 of the Illinois |
| Constitution and provided in Section 6 of the Rights of | Crime Victims and Witnesses Act. The court shall allow a | victim to make an oral statement if the victim is present | in the courtroom and requests to make an oral or written | statement. An oral or written statement includes the | victim or a representative of the victim reading the | written statement. The court may allow persons impacted by | the crime who are not victims under subsection (a) of | Section 3 of the Rights of Crime Victims and Witnesses Act | to present an oral or written statement. A victim and any | person making an oral statement shall not be put under | oath or subject to cross-examination. All statements | offered under this paragraph
(7) shall become part of the | record of the court. In this
paragraph (7), "victim of a | violent crime" means a person who is a victim of a violent | crime for which the defendant has been convicted after a | bench or jury trial or a person who is the victim of a | violent crime with which the defendant was charged and the | defendant has been convicted under a plea agreement of a | crime that is not a violent crime as defined in subsection | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | (7.5) afford a qualified person 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 qualified person and to offer evidence in aggravation | or mitigation; provided that the statement and evidence | offered in aggravation or mitigation shall first be | prepared in writing in conjunction with the State's | Attorney before it may be presented orally at the hearing. | Sworn testimony offered by the qualified person is subject | to the defendant's right to cross-examine. All statements | and evidence offered under this paragraph (7.5) shall | become part of the record of the court. In this paragraph | (7.5), "qualified person" means any person who: (i) lived | or worked within the territorial jurisdiction where the | offense took place when the offense took place; or (ii) is | familiar with various public places within the territorial | jurisdiction where the offense took place when the offense | took place. "Qualified person" includes any peace officer | or any member of any duly organized State, county, or | municipal peace officer 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-1.5) Notwithstanding any other provision of law to the |
| contrary, in imposing a sentence for an offense that requires | a mandatory minimum sentence of imprisonment, the court may | instead sentence the offender to probation, conditional | discharge, or a lesser term of imprisonment it deems | appropriate if: (1) the offense involves the use or possession | of drugs, retail theft, or driving on a revoked license due to | unpaid financial obligations; (2) the court finds that the | defendant does not pose a risk to public safety; and (3) the | interest of justice requires imposing a term of probation, | conditional discharge, or a lesser term of imprisonment. The | court must state on the record its reasons for imposing | probation, conditional discharge, or a lesser term of | imprisonment. | (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) 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. 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 | 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. | (c-7) In imposing a sentence for a Class 3 or 4 felony, | other than a violent crime as defined in Section 3 of the | Rights of Crime Victims and Witnesses Act, the court shall | determine and indicate in the sentencing order whether the | defendant has 4 or more or fewer than 4 months remaining on his | or her sentence accounting for time served. | (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; | (3.3) the person's last known complete street address | prior to incarceration or legal residence, the person's | race, whether the person is of Hispanic or Latino origin, | and whether the person is 18 years of age or older;
| (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;
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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;
| (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. 101-81, eff. 7-12-19; 101-105, eff. 1-1-20; | 101-652, Article 10, Section 10-281, eff. 7-1-21; 101-652, | Article 20, Section 20-5, eff. 7-1-21; 102-813, eff. 5-13-22.)
|
| Section 10. The No
Representation Without Population Act | is amended by changing Section 2-10 as follows:
| (730 ILCS 205/2-10)
| Sec. 2-10. Reports to the State Board of Elections. | (a) Within 30 days after the effective date of this Act, | and thereafter, on or before May 1 of each year in which the | federal decennial census is taken but in which the United | States Bureau of the Census allocates incarcerated persons as | residents of correctional facilities, the Department shall | deliver to the State Board of Elections the following | information: | (1) A unique identifier, not including the name or | Department-assigned inmate number, for each incarcerated | person subject to the jurisdiction of the Department on | the date for which the decennial census reports | population. The unique identifier shall enable the State | Board of Elections to address inquiries about specific | address records to the Department, without making it | possible for anyone outside of the Department to identify | the inmate to whom the address record pertains. | (2) The street address of the correctional facility | where the person was incarcerated at the time of the | report. | (3) The last known address of the person prior to |
| incarceration or other legal residence, if known. If the | last address or legal address of the person is unknown, | the Department shall use, if available, addresses | collected for purposes of parole, mandatory supervised | release, or aftercare release programs. | (4) The person's race, whether the person is of | Hispanic or Latino origin, and whether the person is age | 18 or older, if known. | (5) Any additional information as the State Board of | Elections may request pursuant to law. | (b) The Department shall provide the information specified | in subsection (a) in the form that the State Board of Elections | shall specify. | (c) Notwithstanding any other provision of law, the | information required to be provided to the State Board of | Elections pursuant to this Section shall not include the name | of any incarcerated person and shall not allow for the | identification of any person therefrom, except to the | Department. The information shall be treated as confidential | and shall not be disclosed by the State Board of Elections | except as redistricting data aggregated by census block for | purposes specified in Section 2-20.
| (Source: P.A. 101-652, eff. 1-1-25; 102-813, eff. 5-13-22.)
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Effective Date: 1/1/2024
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