Bill Amendment: IL HB1587 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CD CORR-SENTENCING-REDUCE
Status: 2021-01-05 - Rule 2-10 Committee/3rd Reading Deadline Established As January 13, 2021 [HB1587 Detail]
Download: Illinois-2019-HB1587-House_Amendment_002.html
Bill Title: CD CORR-SENTENCING-REDUCE
Status: 2021-01-05 - Rule 2-10 Committee/3rd Reading Deadline Established As January 13, 2021 [HB1587 Detail]
Download: Illinois-2019-HB1587-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 1587
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2 | AMENDMENT NO. ______. Amend House Bill 1587 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-4-1 as follows:
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6 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
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7 | Sec. 5-4-1. Sentencing hearing.
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8 | (a) Except when the death penalty is
sought under hearing | ||||||
9 | procedures otherwise specified, after a
determination of | ||||||
10 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
11 | prior to the imposition of sentence on an individual being
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12 | sentenced for an offense based upon a charge for a violation of | ||||||
13 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
14 | provision of a local
ordinance, the individual must undergo a | ||||||
15 | professional evaluation to
determine if an alcohol or other | ||||||
16 | drug abuse problem exists and the extent
of such a problem. |
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1 | Programs conducting these evaluations shall be
licensed by the | ||||||
2 | Department of Human Services. However, if the individual is
not | ||||||
3 | a resident of Illinois, the court
may, in its discretion, | ||||||
4 | accept an evaluation from a program in the state of
such | ||||||
5 | individual's residence. The court may in its sentencing order | ||||||
6 | approve an
eligible defendant for placement in a Department of | ||||||
7 | Corrections impact
incarceration program as provided in | ||||||
8 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
9 | order recommend a defendant for placement in a Department of | ||||||
10 | Corrections substance abuse treatment program as provided in | ||||||
11 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
12 | upon the defendant being accepted in a program by the | ||||||
13 | Department of Corrections. At the
hearing the court
shall:
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14 | (1) consider the evidence, if any, received upon the | ||||||
15 | trial;
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16 | (2) consider any presentence reports;
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17 | (3) consider the financial impact of incarceration | ||||||
18 | based on the
financial impact statement filed with the | ||||||
19 | clerk of the court by the
Department of Corrections;
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20 | (4) consider evidence and information offered by the | ||||||
21 | parties in
aggravation and mitigation; | ||||||
22 | (4.5) consider substance abuse treatment, eligibility | ||||||
23 | screening, and an assessment, if any, of the defendant by | ||||||
24 | an agent designated by the State of Illinois to provide | ||||||
25 | assessment services for the Illinois courts;
| ||||||
26 | (5) hear arguments as to sentencing alternatives;
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1 | (6) afford the defendant the opportunity to make a | ||||||
2 | statement in his
own behalf;
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3 | (7) afford the victim of a violent crime or a violation | ||||||
4 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
5 | similar provision of a local
ordinance, the opportunity to | ||||||
6 | present an oral or written statement, as guaranteed by | ||||||
7 | Article I, Section 8.1 of the Illinois Constitution and | ||||||
8 | provided in Section 6 of the Rights of Crime Victims and | ||||||
9 | Witnesses Act. The court shall allow a victim to make an | ||||||
10 | oral statement if the victim is present in the courtroom | ||||||
11 | and requests to make an oral or written statement. An oral | ||||||
12 | or written statement includes the victim or a | ||||||
13 | representative of the victim reading the written | ||||||
14 | statement. The court may allow persons impacted by the | ||||||
15 | crime who are not victims under subsection (a) of Section 3 | ||||||
16 | of the Rights of Crime Victims and Witnesses Act to present | ||||||
17 | an oral or written statement. A victim and any person | ||||||
18 | making an oral statement shall not be put under oath or | ||||||
19 | subject to cross-examination. All statements offered under | ||||||
20 | this paragraph
(7) shall become part of the record of the | ||||||
21 | court. In this
paragraph (7), "victim of a violent crime" | ||||||
22 | means a person who is a victim of a violent crime for which | ||||||
23 | the defendant has been convicted after a bench or jury | ||||||
24 | trial or a person who is the victim of a violent crime with | ||||||
25 | which the defendant was charged and the defendant has been | ||||||
26 | convicted under a plea agreement of a crime that is not a |
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1 | violent crime as defined in subsection (c) of 3 of the | ||||||
2 | Rights of Crime Victims and Witnesses Act; | ||||||
3 | (7.5) afford a qualified person affected by: (i) a | ||||||
4 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
5 | Illinois Controlled Substances Act or a violation of | ||||||
6 | Section 55 or Section 65 of the Methamphetamine Control and | ||||||
7 | Community Protection Act; or (ii) a Class 4 felony | ||||||
8 | violation of Section 11-14, 11-14.3 except as described in | ||||||
9 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
10 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, committed by the defendant the | ||||||
12 | opportunity to make a statement concerning the impact on | ||||||
13 | the qualified person and to offer evidence in aggravation | ||||||
14 | or mitigation; provided that the statement and evidence | ||||||
15 | offered in aggravation or mitigation shall first be | ||||||
16 | prepared in writing in conjunction with the State's | ||||||
17 | Attorney before it may be presented orally at the hearing. | ||||||
18 | Sworn testimony offered by the qualified person is subject | ||||||
19 | to the defendant's right to cross-examine. All statements | ||||||
20 | and evidence offered under this paragraph (7.5) shall | ||||||
21 | become part of the record of the court. In this paragraph | ||||||
22 | (7.5), "qualified person" means any person who: (i) lived | ||||||
23 | or worked within the territorial jurisdiction where the | ||||||
24 | offense took place when the offense took place; or (ii) is | ||||||
25 | familiar with various public places within the territorial | ||||||
26 | jurisdiction where the offense took place when the offense |
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1 | took place. "Qualified person " includes any peace officer | ||||||
2 | or any member of any duly organized State, county, or | ||||||
3 | municipal peace officer unit assigned to the territorial | ||||||
4 | jurisdiction where the offense took place when the offense | ||||||
5 | took place;
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6 | (8) in cases of reckless homicide afford the victim's | ||||||
7 | spouse,
guardians, parents or other immediate family | ||||||
8 | members an opportunity to make
oral statements;
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9 | (9) in cases involving a felony sex offense as defined | ||||||
10 | under the Sex
Offender
Management Board Act, consider the | ||||||
11 | results of the sex offender evaluation
conducted pursuant | ||||||
12 | to Section 5-3-2 of this Act; and
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13 | (10) make a finding of whether a motor vehicle was used | ||||||
14 | in the commission of the offense for which the defendant is | ||||||
15 | being sentenced. | ||||||
16 | (b) All sentences shall be imposed by the judge based upon | ||||||
17 | his
independent assessment of the elements specified above and | ||||||
18 | any agreement
as to sentence reached by the parties. The judge | ||||||
19 | who presided at the
trial or the judge who accepted the plea of | ||||||
20 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
21 | as a judge in that court. Where
the judge does not impose | ||||||
22 | sentence at the same time on all defendants
who are convicted | ||||||
23 | as a result of being involved in the same offense, the
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24 | defendant or the State's Attorney may advise the sentencing | ||||||
25 | court of the
disposition of any other defendants who have been | ||||||
26 | sentenced.
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1 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
2 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
3 | sentence of probation or conditional discharge is an available | ||||||
4 | sentence, if the defendant has no prior sentence of probation | ||||||
5 | or conditional discharge and no prior conviction for a violent | ||||||
6 | crime, the defendant shall not be sentenced to imprisonment | ||||||
7 | before review and consideration of a presentence report and | ||||||
8 | determination and explanation of why the particular evidence, | ||||||
9 | information, factor in aggravation, factual finding, or other | ||||||
10 | reasons support a sentencing determination that one or more of | ||||||
11 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
12 | apply and that probation or conditional discharge is not an | ||||||
13 | appropriate sentence. | ||||||
14 | (c) In imposing a sentence for a violent crime or for an | ||||||
15 | offense of
operating or being in physical control of a vehicle | ||||||
16 | while under the
influence of alcohol, any other drug or any | ||||||
17 | combination thereof, or a
similar provision of a local | ||||||
18 | ordinance, when such offense resulted in the
personal injury to | ||||||
19 | someone other than the defendant, the trial judge shall
specify | ||||||
20 | on the record the particular evidence, information, factors in
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21 | mitigation and aggravation or other reasons that led to his | ||||||
22 | sentencing
determination. The full verbatim record of the | ||||||
23 | sentencing hearing shall be
filed with the clerk of the court | ||||||
24 | and shall be a public record.
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25 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
26 | kidnapping for
ransom, home invasion, armed robbery, |
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1 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
2 | firearm, or armed violence with a category I weapon
or category | ||||||
3 | II weapon,
the trial judge shall make a finding as to whether | ||||||
4 | the conduct leading to
conviction for the offense resulted in | ||||||
5 | great bodily harm to a victim, and
shall enter that finding and | ||||||
6 | the basis for that finding in the record.
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7 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
8 | contrary, in imposing a sentence for an offense that requires a | ||||||
9 | mandatory minimum sentence of imprisonment or probation or | ||||||
10 | conditional discharge of 2 years or more, the court may instead | ||||||
11 | sentence the offender to a lesser term of imprisonment, | ||||||
12 | probation, or conditional discharge it deems appropriate if the | ||||||
13 | court finds that the defendant does not pose a risk to public | ||||||
14 | safety and the interest of justice requires the non-imposition | ||||||
15 | of the mandatory sentence of imprisonment or a lesser sentence | ||||||
16 | of imprisonment, probation, or conditional discharge. The | ||||||
17 | court must state on the record its reasons for not imposing the | ||||||
18 | minimum sentence of imprisonment or a lesser sentence of | ||||||
19 | imprisonment, probation, or conditional discharge. If the | ||||||
20 | defendant has been charged with an offense involving the use, | ||||||
21 | possession, or discharge of a firearm, the court may not | ||||||
22 | deviate from a mandatory minimum sentence or probation or | ||||||
23 | conditional discharge requirement, unless it is the | ||||||
24 | recommendation of a presentence investigation and there is | ||||||
25 | clear articulable evidence that the defendant is not a threat | ||||||
26 | to the public safety. This must be fully stated by the court |
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1 | into the record at the time of sentencing. An offender | ||||||
2 | convicted of an offense in Article 11 of the Criminal Code of | ||||||
3 | 2012, Article 18 of the Criminal Code of 2012, or a crime of | ||||||
4 | violence as defined in Section 2 of the Crime Victims | ||||||
5 | Compensation Act may not be sentenced to a lesser term of | ||||||
6 | imprisonment, probation, or conditional discharge under this | ||||||
7 | subsection (c-1.5). | ||||||
8 | (c-2) If the defendant is sentenced to prison, other than | ||||||
9 | when a sentence of
natural life imprisonment or a sentence of | ||||||
10 | death is imposed, at the time
the sentence is imposed the judge | ||||||
11 | shall
state on the record in open court the approximate period | ||||||
12 | of time the defendant
will serve in custody according to the | ||||||
13 | then current statutory rules and
regulations for sentence | ||||||
14 | credit found in Section 3-6-3 and other related
provisions of | ||||||
15 | this Code. This statement is intended solely to inform the
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16 | public, has no legal effect on the defendant's actual release, | ||||||
17 | and may not be
relied on by the defendant on appeal.
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18 | The judge's statement, to be given after pronouncing the | ||||||
19 | sentence, other than
when the sentence is imposed for one of | ||||||
20 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
21 | shall include the following:
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22 | "The purpose of this statement is to inform the public of | ||||||
23 | the actual period
of time this defendant is likely to spend in | ||||||
24 | prison as a result of this
sentence. The actual period of | ||||||
25 | prison time served is determined by the
statutes of Illinois as | ||||||
26 | applied to this sentence by the Illinois Department of
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1 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
2 | case, assuming the defendant
receives all of his or her | ||||||
3 | sentence credit, the period of estimated actual
custody is ... | ||||||
4 | years and ... months, less up to 180 days additional earned | ||||||
5 | sentence credit. If the defendant, because of his or
her own | ||||||
6 | misconduct or failure to comply with the institutional | ||||||
7 | regulations,
does not receive those credits, the actual time | ||||||
8 | served in prison will be
longer. The defendant may also receive | ||||||
9 | an additional one-half day sentence
credit for each day of | ||||||
10 | participation in vocational, industry, substance abuse,
and | ||||||
11 | educational programs as provided for by Illinois statute."
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12 | When the sentence is imposed for one of the offenses | ||||||
13 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
14 | first degree murder, and the offense was
committed on or after | ||||||
15 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
16 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
17 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
18 | offense was committed on or after January 1, 1999,
and when the | ||||||
19 | sentence is imposed for aggravated driving under the influence
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20 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
21 | compounds, or
any combination thereof as defined in | ||||||
22 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
23 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
24 | imposed for aggravated arson if the offense was committed
on or | ||||||
25 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
26 | and when
the sentence is imposed for aggravated driving under |
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1 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
2 | compound or compounds, or any combination
thereof as defined in | ||||||
3 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
4 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
5 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
6 | judge's
statement, to be given after pronouncing the sentence, | ||||||
7 | shall include the
following:
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8 | "The purpose of this statement is to inform the public of | ||||||
9 | the actual period
of time this defendant is likely to spend in | ||||||
10 | prison as a result of this
sentence. The actual period of | ||||||
11 | prison time served is determined by the
statutes of Illinois as | ||||||
12 | applied to this sentence by the Illinois Department of
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13 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
14 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
15 | sentence credit for
each month of his or her sentence of | ||||||
16 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
17 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
18 | days credit for each month of his or her sentence, the period
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19 | of estimated actual custody is ... years and ... months. If the | ||||||
20 | defendant,
because of his or her own misconduct or failure to | ||||||
21 | comply with the
institutional regulations receives lesser | ||||||
22 | credit, the actual time served in
prison will be longer."
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23 | When a sentence of imprisonment is imposed for first degree | ||||||
24 | murder and
the offense was committed on or after June 19, 1998, | ||||||
25 | the judge's statement,
to be given after pronouncing the | ||||||
26 | sentence, shall include the following:
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1 | "The purpose of this statement is to inform the public of | ||||||
2 | the actual period
of time this defendant is likely to spend in | ||||||
3 | prison as a result of this
sentence. The actual period of | ||||||
4 | prison time served is determined by the
statutes of Illinois as | ||||||
5 | applied to this sentence by the Illinois Department
of | ||||||
6 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
7 | case, the
defendant is not entitled to sentence credit. | ||||||
8 | Therefore, this defendant
will serve 100% of his or her | ||||||
9 | sentence."
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10 | When the sentencing order recommends placement in a | ||||||
11 | substance abuse program for any offense that results in | ||||||
12 | incarceration
in a Department of Corrections facility and the | ||||||
13 | crime was
committed on or after September 1, 2003 (the | ||||||
14 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
15 | addition to any other judge's statement required under this
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16 | Section, to be given after pronouncing the sentence, shall | ||||||
17 | include the
following:
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18 | "The purpose of this statement is to inform the public of
| ||||||
19 | the actual period of time this defendant is likely to spend in
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20 | prison as a result of this sentence. The actual period of
| ||||||
21 | prison time served is determined by the statutes of Illinois as
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22 | applied to this sentence by the Illinois Department of
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23 | Corrections and the Illinois Prisoner Review Board. In this
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24 | case, the defendant shall receive no earned sentence credit | ||||||
25 | under clause (3) of subsection (a) of Section 3-6-3 until he or
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26 | she participates in and completes a substance abuse treatment |
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1 | program or receives a waiver from the Director of Corrections | ||||||
2 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
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3 | (c-4) Before the sentencing hearing and as part of the | ||||||
4 | presentence investigation under Section 5-3-1, the court shall | ||||||
5 | inquire of the defendant whether the defendant is currently | ||||||
6 | serving in or is a veteran of the Armed Forces of the United | ||||||
7 | States.
If the defendant is currently serving in the Armed | ||||||
8 | Forces of the United States or is a veteran of the Armed Forces | ||||||
9 | of the United States and has been diagnosed as having a mental | ||||||
10 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
11 | physician, the court may: | ||||||
12 | (1) order that the officer preparing the presentence | ||||||
13 | report consult with the United States Department of | ||||||
14 | Veterans Affairs, Illinois Department of Veterans' | ||||||
15 | Affairs, or another agency or person with suitable | ||||||
16 | knowledge or experience for the purpose of providing the | ||||||
17 | court with information regarding treatment options | ||||||
18 | available to the defendant, including federal, State, and | ||||||
19 | local programming; and | ||||||
20 | (2) consider the treatment recommendations of any | ||||||
21 | diagnosing or treating mental health professionals | ||||||
22 | together with the treatment options available to the | ||||||
23 | defendant in imposing sentence. | ||||||
24 | For the purposes of this subsection (c-4), "qualified | ||||||
25 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
26 | to practice medicine in all its branches, who has specialized |
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1 | in the diagnosis and treatment of mental and nervous disorders | ||||||
2 | for a period of not less than 5 years. | ||||||
3 | (c-6) In imposing a sentence, the trial judge shall | ||||||
4 | specify, on the record, the particular evidence and other | ||||||
5 | reasons which led to his or her determination that a motor | ||||||
6 | vehicle was used in the commission of the offense. | ||||||
7 | (d) When the defendant is committed to the Department of
| ||||||
8 | Corrections, the State's Attorney shall and counsel for the | ||||||
9 | defendant
may file a statement with the clerk of the court to | ||||||
10 | be transmitted to
the department, agency or institution to | ||||||
11 | which the defendant is
committed to furnish such department, | ||||||
12 | agency or institution with the
facts and circumstances of the | ||||||
13 | offense for which the person was
committed together with all | ||||||
14 | other factual information accessible to them
in regard to the | ||||||
15 | person prior to his commitment relative to his habits,
| ||||||
16 | associates, disposition and reputation and any other facts and
| ||||||
17 | circumstances which may aid such department, agency or | ||||||
18 | institution
during its custody of such person. The clerk shall | ||||||
19 | within 10 days after
receiving any such statements transmit a | ||||||
20 | copy to such department, agency
or institution and a copy to | ||||||
21 | the other party, provided, however, that
this shall not be | ||||||
22 | cause for delay in conveying the person to the
department, | ||||||
23 | agency or institution to which he has been committed.
| ||||||
24 | (e) The clerk of the court shall transmit to the | ||||||
25 | department,
agency or institution, if any, to which the | ||||||
26 | defendant is committed, the
following:
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| |||||||
1 | (1) the sentence imposed;
| ||||||
2 | (2) any statement by the court of the basis for | ||||||
3 | imposing the sentence;
| ||||||
4 | (3) any presentence reports;
| ||||||
5 | (3.5) any sex offender evaluations;
| ||||||
6 | (3.6) any substance abuse treatment eligibility | ||||||
7 | screening and assessment of the defendant by an agent | ||||||
8 | designated by the State of Illinois to provide assessment | ||||||
9 | services for the Illinois courts;
| ||||||
10 | (4) the number of days, if any, which the defendant has | ||||||
11 | been in
custody and for which he is entitled to credit | ||||||
12 | against the sentence,
which information shall be provided | ||||||
13 | to the clerk by the sheriff;
| ||||||
14 | (4.1) any finding of great bodily harm made by the | ||||||
15 | court with respect
to an offense enumerated in subsection | ||||||
16 | (c-1);
| ||||||
17 | (5) all statements filed under subsection (d) of this | ||||||
18 | Section;
| ||||||
19 | (6) any medical or mental health records or summaries | ||||||
20 | of the defendant;
| ||||||
21 | (7) the municipality where the arrest of the offender | ||||||
22 | or the commission
of the offense has occurred, where such | ||||||
23 | municipality has a population of
more than 25,000 persons;
| ||||||
24 | (8) all statements made and evidence offered under | ||||||
25 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
26 | (9) all additional matters which the court directs the |
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1 | clerk to
transmit.
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2 | (f) In cases in which the court finds that a motor vehicle | ||||||
3 | was used in the commission of the offense for which the | ||||||
4 | defendant is being sentenced, the clerk of the court shall, | ||||||
5 | within 5 days thereafter, forward a report of such conviction | ||||||
6 | to the Secretary of State. | ||||||
7 | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | ||||||
8 | 100-961, eff. 1-1-19; revised 10-3-18.)".
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