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92nd General Assembly

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Public Act 92-0176

HB0427 Enrolled                                LRB9202731RCcd

    AN ACT concerning corrections.

    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 3-6-3 and 5-4-1 as follows:

    (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3.  Rules and Regulations for Early Release.
         (a) (1)  The   Department   of   Corrections   shall
    prescribe  rules and regulations for the early release on
    account of good  conduct  of  persons  committed  to  the
    Department  which  shall  be  subject  to  review  by the
    Prisoner Review Board.
         (2)  The rules  and  regulations  on  early  release
    shall  provide,  with respect to offenses committed on or
    after June 19, 1998, the following:
              (i)  that a prisoner who is serving a  term  of
         imprisonment  for  first degree murder shall receive
         no good conduct credit and shall  serve  the  entire
         sentence imposed by the court;
              (ii)  that  a  prisoner  serving a sentence for
         attempt to commit first degree murder,  solicitation
         of   murder,   solicitation   of  murder  for  hire,
         intentional homicide of an unborn  child,  predatory
         criminal  sexual  assault  of  a  child,  aggravated
         criminal  sexual  assault,  criminal sexual assault,
         aggravated kidnapping,  aggravated  battery  with  a
         firearm,  heinous  battery,  aggravated battery of a
         senior citizen, or aggravated  battery  of  a  child
         shall  receive no more than 4.5 days of good conduct
         credit for each month of  his  or  her  sentence  of
         imprisonment; and
              (iii)  that  a  prisoner serving a sentence for
         home invasion, armed robbery,  aggravated  vehicular
         hijacking,  aggravated  discharge  of  a firearm, or
         armed violence with a category I weapon or  category
         II  weapon,  when  the  court has made and entered a
         finding, pursuant to  subsection  (c-1)  of  Section
         5-4-1  of  this  Code,  that  the conduct leading to
         conviction for the enumerated  offense  resulted  in
         great bodily harm to a victim, shall receive no more
         than  4.5 days of good conduct credit for each month
         of his or her sentence of imprisonment.
         (2.1)  For all offenses, other than those enumerated
    in subdivision (a)(2) committed  on  or  after  June  19,
    1998,  and other than the offense of reckless homicide as
    defined in subsection (e) of Section 9-3 of the  Criminal
    Code  of  1961 committed on or after January 1, 1999, the
    rules and regulations shall provide that a  prisoner  who
    is  serving  a term of imprisonment shall receive one day
    of good conduct  credit  for  each  day  of  his  or  her
    sentence  of  imprisonment  or recommitment under Section
    3-3-9. Each day of good conduct credit  shall  reduce  by
    one   day   the  prisoner's  period  of  imprisonment  or
    recommitment under Section 3-3-9.
         (2.2)  A prisoner serving a  term  of  natural  life
    imprisonment  or  a  prisoner  who  has been sentenced to
    death shall receive no good conduct credit.
         (2.3)  The rules and regulations  on  early  release
    shall  provide  that a prisoner who is serving a sentence
    for reckless homicide as defined  in  subsection  (e)  of
    Section  9-3 of the Criminal Code of 1961 committed on or
    after January 1, 1999 shall receive no more than 4.5 days
    of good conduct credit for  each  month  of  his  or  her
    sentence of imprisonment.
         (2.4)  The  rules  and  regulations on early release
    shall provide with respect to the offenses of  aggravated
    battery with a machine gun or a firearm equipped with any
    device  or  attachment designed or used for silencing the
    report of a firearm or aggravated discharge of a  machine
    gun  or  a firearm equipped with any device or attachment
    designed or used for silencing the report of  a  firearm,
    committed   on  or  after  the  effective  date  of  this
    amendatory  Act  of  1999,  that  a  prisoner  serving  a
    sentence for any of these offenses shall receive no  more
    than  4.5  days  of good conduct credit for each month of
    his or her sentence of imprisonment.
         (2.5)  The rules and regulations  on  early  release
    shall  provide  that a prisoner who is serving a sentence
    for aggravated arson committed on or after the  effective
    date  of this amendatory Act of the 92nd General Assembly
    shall receive no more  than  4.5  days  of  good  conduct
    credit   for  each  month  of  his  or  her  sentence  of
    imprisonment.
         (3)  The rules and regulations  shall  also  provide
    that  the  Director  may  award up to 180 days additional
    good conduct credit for meritorious service  in  specific
    instances  as  the  Director deems proper; except that no
    more than 90 days of good conduct credit for  meritorious
    service shall be awarded 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, aggravated kidnapping, kidnapping, predatory
    criminal sexual assault of a child,  aggravated  criminal
    sexual  assault,  criminal sexual assault, deviate sexual
    assault, aggravated  criminal  sexual  abuse,  aggravated
    indecent  liberties with a child, indecent liberties with
    a child, child pornography, heinous  battery,  aggravated
    battery  of a spouse, aggravated battery of a spouse with
    a  firearm,  stalking,  aggravated  stalking,  aggravated
    battery of a child, endangering the life or health  of  a
    child,  cruelty  to  a  child,  or narcotic racketeering.
    Notwithstanding the foregoing, good  conduct  credit  for
    meritorious service shall not be awarded on a sentence of
    imprisonment  imposed  for  conviction of: (i) one of the
    offenses  enumerated  in  subdivision  (a)(2)  when   the
    offense  is  committed  on  or  after June 19, 1998, (ii)
    reckless homicide as defined in subsection (e) of Section
    9-3 of the Criminal Code of  1961  when  the  offense  is
    committed  on  or  after  January  1,  1999, or (iii) for
    conviction  of  one  of  the   offenses   enumerated   in
    subdivision  (a)(2.4) when the offense is committed on or
    after the effective date of this amendatory Act of  1999,
    or (iv) aggravated arson when the offense is committed on
    or after the effective date of this amendatory Act of the
    92nd General Assembly.
         (4)  The  rules  and  regulations shall also provide
    that the good conduct  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,    or
    educational  programs  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.  However, no
    inmate shall be eligible for the additional good  conduct
    credit  under this paragraph (4) while assigned to a boot
    camp, mental health unit, or electronic detention, or  if
    convicted of an offense enumerated in paragraph (a)(2) of
    this Section that is committed on or after June 19, 1998,
    or  if  convicted  of  reckless  homicide  as  defined in
    subsection (e) of Section 9-3 of  the  Criminal  Code  of
    1961  if  the offense is committed on or after January 1,
    1999,  or  if  convicted  of  an  offense  enumerated  in
    paragraph (a)(2.4) of this Section that is  committed  on
    or  after  the  effective  date of this amendatory Act of
    1999, or first degree murder, a Class X felony,  criminal
    sexual  assault, felony criminal sexual abuse, aggravated
    criminal sexual abuse, aggravated battery with a firearm,
    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   and
    correctional  industry  programs under which good conduct
    credit may be increased under this paragraph (4) 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.
         (5)  Whenever  the  Department  is  to  release  any
    inmate earlier than it otherwise would because of a grant
    of  good  conduct credit for meritorious service given at
    any time during  the  term,  the  Department  shall  give
    reasonable advance notice of the impending release to the
    State's  Attorney  of the county where the prosecution of
    the inmate took place.
    (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 good time.
    (c)  The Department shall prescribe rules and regulations
for  revoking  good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for  specific
rule   violations,  during  imprisonment.   These  rules  and
regulations shall provide that no  inmate  may  be  penalized
more  than  one  year  of  good  conduct  credit  for any one
infraction.
    When the Department seeks to revoke,  suspend  or  reduce
the  rate  of accumulation of any good conduct credits for an
alleged infraction of  its  rules,  it  shall  bring  charges
therefor  against  the  prisoner  sought to be so deprived of
good conduct 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 good conduct credit. The Board may subsequently
approve the revocation of additional good conduct credit,  if
the  Department seeks to revoke good conduct 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 good conduct 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 good conduct
credits which have been revoked, suspended  or  reduced.  Any
restoration  of  good  conduct  credits  in excess of 30 days
shall be subject to review  by  the  Prisoner  Review  Board.
However,  the  Board  may  not restore good conduct 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 good conduct 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 good conduct
credit by bringing charges against the prisoner sought to  be
deprived  of  the  good  conduct  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 good conduct credit at the time of the finding,  then
the  Prisoner Review Board may revoke all good conduct 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 petition for post-conviction
    relief  under  Article  122  of  the  Code  of   Criminal
    Procedure  of 1963, 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 or an action under the
    federal Civil Rights Act (42 U.S.C. 1983).
    (e)  Nothing in this amendatory Act of 1998  affects  the
validity of Public Act 89-404.
(Source: P.A.  90-141,  eff.  1-1-98;  90-505,  eff. 8-19-97;
90-592, eff. 6-19-98;  90-593,  eff.  6-19-98;  90-655,  eff.
7-30-98;  90-740,  eff. 1-1-99; 91-121, eff. 7-15-99; 91-357,
eff. 7-29-99.)

    (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.  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;
         (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 a violation of Section
    405, 405.1, 405.2, or  407  of  the  Illinois  Controlled
    Substances   Act,   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; and
         (8)  in  cases  of  reckless  homicide  afford   the
    victim's  spouse,  guardians,  parents or other immediate
    family members an opportunity to make oral statements.
    (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.
    (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 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.
    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:
    "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  good
conduct credit, the period of estimated actual custody is ...
years  and  ...  months,  less up to 180 days additional good
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."
    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 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  the  effective  date  of  this
amendatory Act of the  92nd  General  Assembly,  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  good
conduct credit, the period of estimated actual custody is ...
years  and  ...  months,  less  up to 90 days additional good
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."
    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 arson if the offense was committed on or after
the effective date of this amendatory Act of the 92nd General
Assembly,   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
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 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 good  conduct  credit.
Therefore,  this  defendant  will  serve  100%  of his or her
sentence."
    (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;
         (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.
(Source:  P.A.  90-592,  eff.  6-19-98; 90-593, eff. 6-19-98;
90-740, eff.  1-1-99;  91-357,  eff.  7-29-99;  91-899,  eff.
1-1-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 02, 2001.
    Approved July 27, 2001.

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